Long Chemo,and need input,

angel23
angel23 Member Posts: 28
edited March 2014 in Breast Cancer #1
Hi everyone, I haven't been here for awhile, but am anxious to be back for some help... I was diagnosed with 2b lt breast cancer, in June, went through lumpectomy,follwed by completed lymph node disection, (15, 2 malignant) and port a cath. I started my chemo in Sept, and I am still not finished. I had many complications with TAC. I recieved 3 AC of 4 (didn't tolerated well)then went on to Taxol, which I ended in the hospital( for a week) with pnemonia and an allergic reaction to the preservative. I had the option to quit or be put on Abraxine. ( which they hand mix without preservative) I opted for that.... In the mean time I had issues with low white cell counts, hgb, fevers, fatigue,lymphadema no appetite ( lost 50lbs) I actually would take booster Mon and Tue, then blood drawn on wed and if all well chemo. It seemed to work better, but still with many of the above side effects. I did not work since last June. I had short term disability till Dec, and then Long term disability thru a policy at my company. I work in a hospital, and my boss seemed empathetic to my situation. January still felt like I was not able to work, but feb. felt better, asked my boss if I could come back part time, and the answer was yes, yes yes. I told her I would clear it with my long term insurance, and doctors. It took me a couple of weeks. ( my doctors never brought up going back to work)I visited with HR several times on the phone, and they said after 6 months they terminate... I did not know this! (esp. if you go on long term disability.....but they said they would talk to my boss, and "evaluate " my position beginning of March. I called back March 1st, and they told me I was terminated, and I would be offered Cobra........I was livid...I called my manager back to clarify this and she said it wasnt to evaluate in March but to "Terminate"....And now I have to leave my house, my husband is disabled with a broken leg, and I haven't even begun my radiation......and I probably will lose my long term disability. I need some help since my lease is over may, and no family can help....... Thanks for listening. scared, and frustrated.

Comments

  • MAJW
    MAJW Member Posts: 2,510 Member
    #2
    So sorry........
    That this is happening to you.......I am not an attorney, but I don't think it's legal to terminate you due to your illness...ESPECIALLY working in a hospital of all places!.....I would, if possible, contact an attorney and ask for legal advice....and if you can't afford an attorney, there are some out there that would do this pro bono.......
    I wish you the best
  • Angie2U
    Angie2U Member Posts: 2,991
    #3
    MAJW said:

    So sorry........
    That this is happening to you.......I am not an attorney, but I don't think it's legal to terminate you due to your illness...ESPECIALLY working in a hospital of all places!.....I would, if possible, contact an attorney and ask for legal advice....and if you can't afford an attorney, there are some out there that would do this pro bono.......
    I wish you the best

    I am so sorry! You probably
    I am so sorry! You probably should seek some sort of legal advice. Good luck!
  • aztec45
    aztec45 Member Posts: 757
    #4
    I Am So Sorry
    Sorry to hear of your troubles. If you contact the American Cancer Society, they can provide you with agencies that can help you. They may even be able to provide you with an agency that would give you some legal aid. Try to hang in there.

    P
  • WJGardner_Dec2009
    WJGardner_Dec2009 Member Posts: 50
    #5
    Chemo / job
    I am so sorry to hear about your job. Did no one from HR call or send a ntoice to you in advance to warn you that you could be terminated if you didn't come back after a certain time? I can't belive they can do that. Have you contacted the American Cancer Society for some support? They may have some input that might help you. Just a suggestion.

    About your chemo issues I am also sorry to hear that you have had such a ruff time of it. I didn't realize that someone could have such adverse reactions as you did. I was diagnosed with stage 2A Breast Cancer back in December 30, 2009, had lumpectomy and 14 nodes removed with 3 positive for cancer on Jan. 5, 2010, and started chemo Feb. 17, 2010. So far I have had no ill effects other than the hair lose. I actually went and had my hair shaved off today. I am on Taxotere, Paraplatin, and Herceptin every 3 weeks, with herceptin being every week. I am scheduled for treatment through June 2010 and then I will start Radiation after that. Have you spoken to your oncologist about the duration of your treatment and your concern? I hope that things work out for you. Keep the Faith. Hang in there and stay positive even though it may be hard. You don't want yourself to get ill.

    Have you contacted the American Cancer Society? They can lend you some support during your situation and maybe give you some suggestions. Since you are feeling scared they have people that you can talk to that might help you emotionally if needed.
    Wanda
  • mariam_11_09
    mariam_11_09 Member Posts: 691 Member
    #6
    So sorry to hear about your

    So sorry to hear about your situation. That is just awful, reaction to chemo and then not realising your job is terminated.

    I was reading through our company's policy on long and short term disablity. We have 3 months medical leave during which we can continue our benefits. Anything longer than 3 months I have to switch to Cobra and there is no guarrantee I will have a job when I return. After a certain amount of time the position is terminated. I didn't realise that this could happen either however it might be standard procedure at most companies and I think it also depends on your boss as to whether or not there is a position for you as sometimes they find someone to replace you while you are gone.

    I don't know what state you live in, but it might be possible to get Health Insurance through the state and see if you can get back on Long Term Disability. Your doctors might be able to help you again. And as other suggest contact the American Cancer society to see if they can offer any help or advice.
  • New Flower
    New Flower Member Posts: 4,294 Member
    #7
    mariam_11_09 said:

    So sorry to hear about your

    So sorry to hear about your situation. That is just awful, reaction to chemo and then not realising your job is terminated.

    I was reading through our company's policy on long and short term disablity. We have 3 months medical leave during which we can continue our benefits. Anything longer than 3 months I have to switch to Cobra and there is no guarrantee I will have a job when I return. After a certain amount of time the position is terminated. I didn't realise that this could happen either however it might be standard procedure at most companies and I think it also depends on your boss as to whether or not there is a position for you as sometimes they find someone to replace you while you are gone.

    I don't know what state you live in, but it might be possible to get Health Insurance through the state and see if you can get back on Long Term Disability. Your doctors might be able to help you again. And as other suggest contact the American Cancer society to see if they can offer any help or advice.

    Sorry you need legal help
    You were terminated because probably your Long Term Disability policy required it. I do not understand why your HR department did not explain this to you. I had similar situation. My company policy is such that as soon as LTD is granted employee should be terminated. When you get LTD you stay on former company group insurance plan and pay only employee portion. You primary goal at this point to save you LTD. You need to talk to your doctors again, ask them for support and explain that your situation. In addition, As Miriam pointed out, 5 states have State Disability Insurance (SDI), check if you state has it and file. You can write me a personal message, if you want discuss it in more details. Ask your friends for references for ERISA lawyer and see if you can get free consultation. From my experience American Cancer Society was not helpful you need to act fast and focus on your treatment.,
    New Flower
  • cindycflynn
    cindycflynn Member Posts: 1,132 Member
    #8
    So sorry this happened to you!
    They definitely should have warned you, but unfortunately, it is probably legal to terminate you. Our company policy is the same. After 6 months of disability, employment is terminated.

    You should, however, still be able to continue your LTD claim. I would call your carrier to check, but the termination of your employment should not affect the claim you already have going. I know it doesn't for our policy.

    I would also ask your supervisor if you can be rehired once you're released to work. Maybe they can even do that now on a part-time basis, but talk to your LTD carrier first to make sure doing so won't jeapordize your benefits.

    Take care,
    Cindy
  • New Flower
    New Flower Member Posts: 4,294 Member
    #9
    cindycflynn said:

    So sorry this happened to you!
    They definitely should have warned you, but unfortunately, it is probably legal to terminate you. Our company policy is the same. After 6 months of disability, employment is terminated.

    You should, however, still be able to continue your LTD claim. I would call your carrier to check, but the termination of your employment should not affect the claim you already have going. I know it doesn't for our policy.

    I would also ask your supervisor if you can be rehired once you're released to work. Maybe they can even do that now on a part-time basis, but talk to your LTD carrier first to make sure doing so won't jeapordize your benefits.

    Take care,
    Cindy

    Do not call LTD carrier
    before you talk to the ERISA layer and fully understand your LTD benefits. You need to request your company policy and you LTD policy to understand legal aspects of your specific situation and develop strategy to move forward. The most important issue is your treatment and you need to be able to continue it.
    Good luck
  • cindycflynn
    cindycflynn Member Posts: 1,132 Member
    #10
    New Flower said:

    Do not call LTD carrier
    before you talk to the ERISA layer and fully understand your LTD benefits. You need to request your company policy and you LTD policy to understand legal aspects of your specific situation and develop strategy to move forward. The most important issue is your treatment and you need to be able to continue it.
    Good luck

    Just to clarify
    I agree that you need to understand your LTD benefits. I also agree that you should request a copy of your LTD policy if you don't already have one. To do that, you may need to call your LTD carrier.

    If you can speak to an attorney at little or no cost, then I think it's a good idea to do so. You may be able to figure it out without an attorney, but it depends on how familiar you are with insurance, etc. If you do go with an attorney, it will definitely be helpful to have copies of your company policy and LTD policy with you to make the best use of your time (when it comes to attorneys time definitely = $).

    I hope you can get some answers soon so that you can concentrate on healing, which is the most important thing.

    Take care,
    Cindy
  • carkris
    carkris Member Posts: 4,553 Member
    #11
    cindycflynn said:

    Just to clarify
    I agree that you need to understand your LTD benefits. I also agree that you should request a copy of your LTD policy if you don't already have one. To do that, you may need to call your LTD carrier.

    If you can speak to an attorney at little or no cost, then I think it's a good idea to do so. You may be able to figure it out without an attorney, but it depends on how familiar you are with insurance, etc. If you do go with an attorney, it will definitely be helpful to have copies of your company policy and LTD policy with you to make the best use of your time (when it comes to attorneys time definitely = $).

    I hope you can get some answers soon so that you can concentrate on healing, which is the most important thing.

    Take care,
    Cindy

    I am on LT disability, and
    I am on LT disability, and recieve much literature about being permanantly disabled, I am not done with treatment. It is very discouraging. after 4 months they do not have to keep your job. but so far I still have it. I want to get better and go back, I cant make myself better. I work 12 hour shifts on my feet, in a stressful environment, I want to go back to work it is part of who I am My Pt says I am rare. I guess they want to evaluate if i need to apply for SSI benefits.
  • mimivac
    mimivac Member Posts: 2,143 Member
    #12
    Angel,
    This is a very stressful situation and I'm sorry you are dealing with it on top of the side effects from cancer treatment. It seems that you will have to do some work to sort all this out. First, read all your policies and figure out your rights and responsibilities. It sounds as though the termination was legal, but you should still have access to your long term disability benefits. Keep in touch with your employer and express your interest in returning to the work place if you can. Try to make sure you are on top of the list should another position open up. If you live in New Jersey, New York, Rhode Island, California, or Hawaii you will have access to public short term disability through the state. If not you may want to start the process of applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you feel you are too ill to work. This has been a long, rough road for you and I hope the storm passes soon. Good luck.

    Mimi
  • New Flower
    New Flower Member Posts: 4,294 Member
    #13
    mimivac said:

    Angel,
    This is a very stressful situation and I'm sorry you are dealing with it on top of the side effects from cancer treatment. It seems that you will have to do some work to sort all this out. First, read all your policies and figure out your rights and responsibilities. It sounds as though the termination was legal, but you should still have access to your long term disability benefits. Keep in touch with your employer and express your interest in returning to the work place if you can. Try to make sure you are on top of the list should another position open up. If you live in New Jersey, New York, Rhode Island, California, or Hawaii you will have access to public short term disability through the state. If not you may want to start the process of applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you feel you are too ill to work. This has been a long, rough road for you and I hope the storm passes soon. Good luck.

    Mimi

    To Angel & all LTD claimants
    My advice is to communicate with your LTD carrier in writing. Avoid talking over the phone as much as you can, if it happen follow with letter describing your phone conversation. Document all your communications with your LTD insurance by paper trail. Unfortunately all LTD carriers are INSURANCE companies with clear financial objectives.
    Angel,
    you can send you LTD insurance a simple letter requesting a copy of your plan policy.
    Good luck with your treatment and I wish you easy time during Radiation,
    New Flower

Discussion Boards