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Disability claim / time off work

I've got a question related to work disability forms...

I told my work about my surgery, but I was not specific, just told them "I had to take care of some things", lol. I told them that I'm taking a month off, which they are fine with since it's not busy right now.

I am owed a week of paid vacation and for the balance I was going to collect disability. My doc offers 4 weeks off and I want to take advantage of it. The problem lies in the disability forms. I thought the doc office sent them in, but my employer needs to send in the claim directly. Therefore my "diagnosis" and surgery details need to be written by my doc first, which in turn will reveal my private information to my employer... I don't like that nor do I want that.

Is there some sort of HIPAA law that this process breaks? I mean I get the reasoning for it, but a patient's right to privacy also stands. I don't want to give up a few weeks' pay, but I will if it means keeping nosy people out of my business. Hmm.

Thoughts?

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Your HR director should not be giving out information on why, or what you are having surgery for. Presumably, could they access your insurance records anyway? I don't know…I am just wondering.

It's a tough call but you might want to find out just in case *someone* is going to know anyway and you would be giving up 3 weeks for no reason.

  • Author

Sorry what I forgot to mention is that we are a small company, and my direct boss IS the HR person... that is where the problem lies! If he ended up knowing it really wouldn't be the end of the world (I have a good relationship with him) but he's a co-owner and would most likely inform the other owner, someone who I do NOT want to know anything about my business.

It probably depends who is providing the disability benefits. If it is the employer themselves then they would be entitled to the information. At least the person handling the claim.

Is it not a relationship where you can explain to him that you don't want anyone else knowing about this? And can the doctor's office write in a medical code rather than write out your diagnosis?

Sorry. That is hard.

  • Author

It probably depends who is providing the disability benefits. If it is the employer themselves then they would be entitled to the information. At least the person handling the claim.

It's a disability insurance company... boss needs to send a claim in. I don't know if that means the same as the employer providing the benefits? :unsure:

Have you seen the paperwork? Maybe its the same as FMLA, where the doctor doesn't really provide any specifics. Either way, all you need to do is remind the boss that is taking the information about HIPPA and that should keep his lips sealed.

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