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I filed for short term disability through the company that I…

I filed for short term...
I filed for short term disability through the company that I work with. I had the doctor fill paper work. If the paper work that I submitted to the disabitlity company shows I have a diagnosis is the company made aware that I will be using them since the deduction is coming from my pay check and it shows I have a diagnosis?
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Answered in 10 minutes by:
1/17/2018
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,046
Experience: Exclusively practice labor and employment law.
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The company will not have access to documents you submit to this short-term disability insurer. Further, the short-term disability carrier is not allowed under hipaa to share health information collected in processing your application; that would be illegal and expose them to liability. The company in most instances is asked to verify separate information (hours, pay etc) and thus is notified you are making a claim, but they wouldn't be privy to the medical portion of the application.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 7 months ago
The form that my employer requested to grant me personal leave of abscence does not ask wether I have a disability. And are stating that the information should have been proactively presented to them before I took my leave or was hospitalized for my disability? ADA does not require that you disclose you have a disability till the employee feels it is necessary. They terminated my employment but the forms that the employer requested does not indicate that I have to present a disability.

That's a bizarre scenario. There is, of course, no law that requires you to provide a medical diagnosis proactively to properly be placed on leave. The employer may require a Dr. diagnosis to grant you FMLA leave, and this is legal, but they have to request the information. However, it is never the case that you must proactively anticipate the employer's necessity for this as a factor in getting leave. You have an FMLA claim as well as an ADA claim against the employer and should consider retaining an attorney as soon as possible to pursue these matters. First they are violating the FMLA procedure rules as well as probably regarding you as disabled.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 7 months ago
What type of ada claim do I have since I did not proactively inform my employer I was diabled and the leave of absence does not have any section where it needs to be provided.

"Regarded as" disabled is the terminology. I.e., the law protects not only those that are actually disabled but also those regarded as disabled. You can claim that once they learned you needed disability leave they then regarded you as disabled and fired you. Hope this helps. Thanks

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Customer reply replied 7 months ago
Would regarded as disabled include a medical description as anxiety; hallucinations; suicidal thoughts and thoughts of wanting to hurt others?
What law is this the ADA?

Yes and Yes

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Customer reply replied 7 months ago
How can I site this with a law?

42 USC Section 12102

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Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,046
Experience: Exclusively practice labor and employment law.
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Customer reply replied 7 months ago
Awesome how can I access that link?
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