Question:
STD , said i could not get it because i weight 318 and am only 5

I went to the HR at my job filled out STD paper work and they sent me a letter that i could not get it because i am overweight and only 5"5,is this true just wanted to know can they do this to me thanks ,    — christina B. (posted on September 21, 2003)

September 21, 2003
Hi,I'm not real sure what HD and STD means. Can you clarify? But I do know that all insurances are different. I'm 5'2/12" and weigh 297. I am 4 days post op, Praise God! But I just want to tell you to keep plugging away in trying to get this WLS done if thats what your hearts desire is. After all, thats why we do it is because we're overweight. Good luck and God Bless you on your journey. Myrna
   — Myrna E.

September 21, 2003
Duuhhh (lol) I just looked up and saw what STD means. Now what does HR mean? *smile* I have also been on medical retirement disability for 3 yrs now due to a back injury. I think I would try a different insurance. Good luck again. :)
   — Myrna E.

September 21, 2003
Ok well I do kow what HR and STD means so I would think that is discrimination on the Short term Disability they cannot deny you that call the wage and labor board or the FMLA should back (family medical leave act) good luck dont let them jerk you around thats just a way for the company to save money go over your HR's head find their boss.
   — Monica T.

September 21, 2003
I don't know for sure what your company's policy is on reasons for allowing Short Term Disability. But I do want to address something mentioned in the last post. FMLA only applies to people who have worked for a company for a specific amount of time (usually measured in hours) unless it is in your contract that it begins sooner. If you've worked for the company over a year and have worked over 1,000 hours, then that should apply to you. Personally, I was not able to get STD for my surgery because I am part-time and have not been with the company long enough to qualify for STD. It varies a LOT. I would ask your HR manager for a written copy of all policies that would apply in this situation. Good luck!
   — ladyphy

September 21, 2003
The qualification for FMLA is 1250 hours in the last 12 months. If you have met that, they can not give your job away. I'm unsure if FMLA only applies to companies that have more than 20 employees (similar to COBRA) or not. I'm going to assume you already know your company honrs FMLA. As for the STD, I think each company funds their own so they can (TO A DEGREE) state what will qualify and what will not. That said, if you spoke to some low-paid clerk in HR vs. a decision maker for STD, she may have been misinformed. She may have seen you as "overweight" and therefore seen this as the same as lipo for someone who has an extra 4 lbs on their thights. For purposes of this surgery, you are not "overweight" but clinically diagnosed as "morbidly obese". Not pretty words until you get used to them but they get you what you need. Not sure what your height would have to do with it unless they were calculating BMI. Good luck. I hate to hear about the roadblocks people come upon when trying to get healthy.
   — Donya P.

September 21, 2003
Christina, short-term disability benefits are almost always self-funded (that is, there is no insurance company involved and the employer pays benefits out of their own pocket). That means that fewer laws apply to how they run the plan than if it were a group insurance plan. My guess is that the short-term disability plan excludes coverage for certain kinds of elective surgery, such as cosmetic surgery. This is a common exclusion. My guess is further that whoever evaluated your application doesn't understand that WLS is not cosmetic, even though it is elective (ALL surgeries that are not emergency are elective). I would recommend that you contact someone higher up in the HR department and explain the nature of your surgery, and emphasize that the procedure is for the treatment of a serious medical condition, and not cosmetic. They will probably want some info from your doc, but that shouldn't be a problem. Best wishes to you.
   — Vespa R.

September 21, 2003
Christina, If you are overweight you probably can't get life insurance or Short Term Disability. They are so strict on underwriting. I know I got my STD because it is guaranteed issue when they do the inital enrollment or when you are first hired. My suggestion is if your company offers any life insurance or STD in the future sign up even if you don't think you will need it. I just recently got an extra $38,000 life insurance because it was guaranteed issue. I know I'm uninsurable because I worked with it for several years. If you don't get it when it is first issued and your overweight or even just went to a chiropraticor you can be denied. I wish you the best.
   — Tammy H.

September 22, 2003
I just read Tammy's answer to your question, and realized that I interpreted your question differently than she did. Is your problem that you applied to be covered by a short term disability plan, or that you have coverage, and you applied to receive benefits? I interpreted the second question; Tammy interpreted the first. If it is the first question, then Tammy is correct. If it is the second question, then my advice is still sound.
   — Vespa R.

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