A legal question ...can anyone help?

[ladymez]

Like millions of other Americans, I have been diagnosed as having Type 2 Bipolar disorder. I am a "rapid cycler", which means I can experience a few bouts of highs and lows in a short period of time. For the last 2 years my symptoms have been managed (though not cured by any means) with the prescription drug Lamictal, but my health insurance no longer covers the med for my condition. It is really expensive and I can't afford it. Since I've been without the rx (about a month now) the symptoms has come back en masse. My question for anyone that might be able to help is this: can I be fired for absenteeism which is directly related to my medical diagnosis? If the answer is yes, could I at least qualify for unemployment benefits until I can find another treatment that works as effectively? Thanks for any info you can provide!

 

[PugGirl]

Check into FMLA

 

[Drifa]

Have you talked to your PCP or Psychiatrist who prescribes the meds to you? They may have some free samples they can give you to tide you over during the transition to some other medications that work for you. I have no real experience with this but I know some people purchase generics from Canada, etc. Perhaps an avenue to explore? Do you have someone sympathetic you could talk to in HR? (This could be dangerous, since it shows your hand before you've explored all your other options, so I'd proceed carefully). And PugGirl's link to FMLA is great; you'll have to find out how your organization interprets it---did they give you a bunch of paperwork from your employer when you started? I'd take a look at the benefits package...is your insurance through work, by the way? Do you have another insurance plan you could switch to that will cover your prescription? I'll also pass your question on to a buddy of mine who's a lawyer and see what he says. Good luck.

 

[tigger_too_wooh]

I don't think the FMLA can apply to this unless you are thinking about taking an extended leave due to your medical condition.

I would concur with talking to your psychiatrist to see if there is another avenue to get your meds for you. Either another type of med or samples or a support program (like the one montel williams talks about). Your Pharmacist may know of avenues as well.

Also, and this is something you are going to have to find out from your insurance program, there is a petition process that you can go through in order to have your insurance cover your meds. I know of people who didn't have their meds covered when they were going through IVF treatments and they petitioned to have their insurance at least cover part of the expenses (it was equal to the amount they would cover for "similar" medicines used for similar reasons.)

GOOD LUCK!

 

[PugGirl]

FMLA applies to intermittent as well as extended absences