Can I be denied short term disability for my choice of surgery?

Hi all,

I’m (22) not sure if this is the right place but I get my Short Term Disability through my employers health benefits package in NJ. I don’t want to share too many details because I’m going through a lot so I’m gonna make this as brief as I can but I’m happy to answer questions.

I had an injury to my leg a few months ago (I’ve been on short term disability for that time) and I still can’t walk without a two handed walking aid (crutches or a walker). There were unforeseen complications with my recovery so my doctor and I discussed options. We basically ruled out doing nothing with just PT because of pain and loss of function. The other two options were both surgeries to correct the issue. However one has a much better outcome than the other, only problem is that it requires a donor and could take a somewhat long time to get (approx. 6 months if it’s in the long side). I chose this because it sounded like my best option and was told to stop PT because it could damage the good parts of my own leg that are left/don’t need to be replaced.

Now I’m being told I was cleared for work on the basis that they can’t put in for “open ended disability”, which they kinda said was because they couldn’t give a specific date for the surgery. My job requires me to be on my feet for 10hrs a day. I can’t really walk very far or even stand for very long without needed breaks and having a lot of pain. Not to mention it’s my right leg and I can’t drive and it would take some time (and money) to get an accommodation installed in my car. Also I haven’t applied for a handicapped placard yet because I haven’t been driving and didn’t want to take up a spot as a passenger when I’m usually just dropped off at the door at the few places I have to go. I can’t understand why I’m being cleared for work if I was told to stop PT because it my hurt my leg more. And I would love to be back at work but I really don’t think I could do my job almost at all, plus I would be in terrible pain. I feel like there may have been a miscommunication because I was called by doctors disability office and after hearing what they had to say and explaining why I was confused they said they would talk to my doctor and call me back tomorrow about it, but tbh the woman did not sound happy with me.

But basically I just want to know, can they deny me disability benefits because I picked a surgery that will take longer to get but has a better outcome?

It sounds really messed up that they could deny me, especially because it’s not like I’m enjoying myself rn. I would work 80hrs a week for next to nothing if it meant having function and not having pain. I get that it will keep me out of work longer but I’m going to have more issues down the line if I choose the faster option. I know the American healthcare system is f**ked up so I wouldn’t be too surprised if they have every right to do this but I’m really hoping this is illegal or I have some options that won’t leave me completely out of luck. Also I still have 2 months of short term disability left but either surgery has me surpassing it regardless due to the long recovery time.

TLDR; I have a leg injury requiring surgery, I picked the option that requires a donor so the time out of work may be several months longer than the other option but has a much better outcome. Can I be denied short term disability because I chose a better outcome but longer recovery?

submitted by /u/HKM-1017
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Hi all, I’m (22) not sure if this is the right place but I get my Short Term Disability through my employers health benefits package in NJ. I don’t want to share too many details because I’m going through a lot so I’m gonna make this as brief as I can but I’m happy to answer questions. I had an injury to my leg a few months ago (I’ve been on short term disability for that time) and I still can’t walk without a two handed walking aid (crutches or a walker). There were unforeseen complications with my recovery so my doctor and I discussed options. We basically ruled out doing nothing with just PT because of pain and loss of function. The other two options were both surgeries to correct the issue. However one has a much better outcome than the other, only problem is that it requires a donor and could take a somewhat long time to get (approx. 6 months if it’s in the long side). I chose this because it sounded like my best option and was told to stop PT because it could damage the good parts of my own leg that are left/don’t need to be replaced. Now I’m being told I was cleared for work on the basis that they can’t put in for “open ended disability”, which they kinda said was because they couldn’t give a specific date for the surgery. My job requires me to be on my feet for 10hrs a day. I can’t really walk very far or even stand for very long without needed breaks and having a lot of pain. Not to mention it’s my right leg and I can’t drive and it would take some time (and money) to get an accommodation installed in my car. Also I haven’t applied for a handicapped placard yet because I haven’t been driving and didn’t want to take up a spot as a passenger when I’m usually just dropped off at the door at the few places I have to go. I can’t understand why I’m being cleared for work if I was told to stop PT because it my hurt my leg more. And I would love to be back at work but I really don’t think I could do my job almost at all, plus I would be in terrible pain. I feel like there may have been a miscommunication because I was called by doctors disability office and after hearing what they had to say and explaining why I was confused they said they would talk to my doctor and call me back tomorrow about it, but tbh the woman did not sound happy with me. But basically I just want to know, can they deny me disability benefits because I picked a surgery that will take longer to get but has a better outcome? It sounds really messed up that they could deny me, especially because it’s not like I’m enjoying myself rn. I would work 80hrs a week for next to nothing if it meant having function and not having pain. I get that it will keep me out of work longer but I’m going to have more issues down the line if I choose the faster option. I know the American healthcare system is f**ked up so I wouldn’t be too surprised if they have every right to do this but I’m really hoping this is illegal or I have some options that won’t leave me completely out of luck. Also I still have 2 months of short term disability left but either surgery has me surpassing it regardless due to the long recovery time. TLDR; I have a leg injury requiring surgery, I picked the option that requires a donor so the time out of work may be several months longer than the other option but has a much better outcome. Can I be denied short term disability because I chose a better outcome but longer recovery?
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