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Employer can deny disability?

Page last modified on: October 10, 2008

Question from Bright Side: Last summer I took 7 weeks short-term disability leave due to extended treatment. I have Stage IV cancer metastasized to the bones and am still in treatment. Does my employer have the option of denying disability to me this time? I'm thinking short-term and then possibly having to go into long-term. Thank you.: Answers —Barbara Hoffman, J.D.: State disability laws govern the terms of when you're entitled to disability, how long, and at what compensation level. So the best thing to do would be contact your state Department of Labor or Unemployment Division to find out how the law covers you. They vary significantly from state to state.; Irene Card, insurance expert: Some employers offer short-term disability or long-term disability insurance policies. These policies vary dramatically from one company to another as to how long you have to be out of work before you are able to collect benefits, and the amount of money you can collect is based on a percentage of your earnings. But each company is different, so you'd have to carefully review that policy.

On Wednesday, September 19, 2007, our Ask-the-Expert Online Conference was called Working During Treatment. Barbara Hoffman, J.D., Irene Card, and moderator Ruth Oratz, M.D., F.A.C.P. answered your questions about the legal, financial, physical, and emotional aspects of working during breast cancer treatment.

The materials presented in these conferences do not necessarily reflect the views of breastcancer.org. A qualified healthcare professional should be consulted before using any therapeutic product or regimen discussed. All readers should verify all information and data before employing any therapies described here.

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Meet the Experts

Barbara Hoffman, J.D. is a member of the Legal Research and Writing faculty of Rutgers Law School B in Newark and is the founding chair of the National Coalition for Cancer Survivorship.

Irene Card is president of Medical Insurance Claims, Inc., a health insurance services company in New Jersey, which she founded in 1980. Ms. Card is the former insurance advisor to the National Coalition for Cancer Survivorship and Memorial Sloan Kettering Post Treatment Resource Program.

Ruth Oratz, M.D., F.A.C.P. is associate professor of clinical medicine at New York University School of Medicine. She is the founder of The Women's Oncology & Wellness Practice in New York City where she specializes in treating women with breast cancer and other malignancies, as well as women at risk for cancer.