Wednesday, November 21, 2012

Finding a Job After Disability

The biggest worry people on Disability have perhaps is how to find a new job when you're ready to go back to work.  Those concerns include how you explain this lengthy period of not working without telling a potential employer that you were disabled and hadn't been working at all, will the total devastation to your credit ratings over the period of disability make you unhireable (like they say in those horrifying commercials), and what happens to your disability benefits.  I can only answer based on my own experience, but I feel it will answer a lot of people's most dire concerns.

Employment Verification and Background Checks: the KISS Rule


Easily the biggest worry is sending out a resume which says that you either currently work or did work until recently at the company you were an employee of while you were on disability.  What if a background check reveals that you actually haven't worked there in months or years?  Should you only put down the period that you did actual, physical work?  The good news is that so long as you are officially an employee, working or not, you can put down that entire period on your resume and it will pass a background check.  Even if you took the last month or more of your employment as vacation pay it counts.

When asked by anyone--future employer, bartender, neighbor, President of the United States, extra terrestrial, anyone--why you left an employer, there are only two answers: "I was laid off" or "I wanted to seek a better opportunity" / "better fit."  Those are good, professional answers.  You never say, "I was disabled by an accident and then replaced in my job" or "I was fired."  No background check is going to reveal otherwise.  The question isn't why you no longer work at that company; what they want to know is if you will fail if they hire you at their company.

If you're not exactly sure what your period of employment was, you can usually do what the background checkers do and get an Employment Data Report for free from sites like The Work Number which receive these reports from various companies.  This report will also tell you your exact job title (which may be different from what you called yourself or what was on your business cards), rate of pay, and what your benefits package included, so that when you submit information which has to be accurate and easily verifiable, it will be.  You don't want to have a potential employer contacting your former manager, who might say something you wish they hadn't.  Instead give them the link or phone number to the employment verification service or Human Resources--which will know what they legally can and cannot say at risk of legal action against them, and simply verify your period of employment.

In my case for example, I was hit by a car after only one week on the job, and I went on Disability only two months after that, but I was an employee of the company for two years.  Two years is what appears on my resume, and it stands up to employment verification because it's the truth.  The fact is, I was an employee of the company for two years. No one needs to know anything more than that.

As a general rule, you should only give an answer of just a few words, a sentence at the most, such as "laid off" or "resigned."  Don't tell a story; don't complain about your former employers, coworkers, managers, or circumstances.  As the saying goes, follow the KISS rule: Keep It Simple Stupid.

Will A Credit Report Ruin Your Ability to Get a Job?


Next big worry you might have is that whether because of your period of Disability, the economy, a combination of the two, or if you simply have always had financial trouble for whatever reason, that your credit rating or credit report might make you unhireable.  No doubt you have seen terrifying commercials on television for debt consolidation and credit repair which claim exactly that, but they're lying.

A credit report is not going to reveal your credit rating to potential employers.  It's simply a part of a background investigation to see if you are irresponsible.  And maybe you are, maybe you never pay your bills on time, maybe you've been dodging paying your student loans or owe back taxes, maybe you have collections chasing you over an old gym membership or electric bill from a previous apartment which you haven't gotten around to or never intend to pay.  None of these things, even all of them combined, will ruin your ability to get a job.  They're looking for really severe problems like failing to pay child support and there being a judgement against you for it, or some other dire legal trouble.  They are not going to deny you a job because your credit cards are maxed out and your bank account is overdrawn.  They're looking for fraud.  And of course they're not going to deny you a job for collecting unemployment or disability checks either--which they couldn't find out unless you were dumb enough to volunteer that information.

That's it.  It's that simple.  Don't worry about your credit report when applying for a job.

Social Security Benefits: How and When Do Then End?


And finally, what about your Social Security Disability benefits.  Again, just my experience, but SSD has been extremely helpful throughout my entire disability period.  I was approved after a medical exam and the only other contact I had with them was after a year and a half when they sent me a form asking me about my work.  They had the private Long Term Disability insurer down as an employer, which required correction of course, but otherwise I simply marked that I wasn't working at all, no longer employed, and not receiving any source of income besides SSD benefits.  I included a letter telling them that I was expecting to start working again soon at a new job, and when I followed up with a phone call was told that I should notify them the day I received my first paycheck.  They also informed me that I could continue to receive SSD benefits for a couple of months after starting my new job as it was considered 'trying' to go back to work--because for all I know I could find out I wasn't as recovered as I thought I was.  In fact I met someone when I went for my exam who had to go back on disability repeatedly because since he was injured he had tried to go back to work a few times but was physically unable to hold down a job; just talking to him I could tell he was in a hell of a lot of pain, and couldn't imagine him putting in even a half day in that condition.

Of course my biggest concern would be receiving money after a status change, using it, and then having to pay it back, so at this point I just want to make sure Social Security knows what's going on and that I know if I've received money that I need to send back or will be taken back from my account.  But I'm not going to feel guilty about receiving this money for a couple of months after I start working again of course because, after all, it's my money, which I contributed to Social Security over years of working, and I will continue to contribute to Social Security in greater and greater amounts in the years to come until I finally retire.  At the very least, that money will be helpful in getting my life restarted, including new work clothes, and relocation expenses for my new job.

Disclaimer


As always, I want to make sure readers are aware that I am not an expert on Disability and that while I hope this information may be helpful to you it does not apply to all cases.  You should consult your own experts with regard to your particular circumstances.

And lastly, please feel free to comment and share your own information and experience.

Wednesday, September 12, 2012

A Great Loss Can Be a Great Opportunity to Change Your Life for the Better

Suffering a loss can ultimately be a good thing.  It can be the fresh break that allows you the freedom to reinvent yourself, make you better than you were before, "better, stronger, faster," and happier.

At the end of 2008 I was successful and I did like my job.  It wasn't my dream job but it paid well and I was good at it.  But I felt my life was stagnating.  This job was not what I went to college for; it didn't match my background at all; and though it offered the opportunity for tremendous financial success when I looked at the job I would be doing if I was truly successful in this business I dreaded the idea of being promoted no matter how well it paid.  I didn't want to be sitting up in bed at two in the morning with a Blackberry and cancelling vacations because I was understaffed and overworked.  I was already working twelve and fourteen hour days, and missing out on many of my favorite activities.  My deepest desire was not to quit working altogether and become a Cycling Bodhisattva Astronomer--though come to think of it that would be pretty cool--but I didn't want to commit my life solely to making money either, which was the only intrinsic value of what I was doing for a living.

Still, why not?  What did I have to complain about?  I had money.  I could do whatever I wanted two or three weeks a year if I planned my vacations well.  People dream of this kind of success.  But I had no aspirations at the time, for anything, and was unmotivated.

So when practicing Buddhism, which consists of chanting Nam-Myoho-Renge-Kyo and reciting two chapters of the Lotus Sutra to the Gohonzon (a scroll with Chinese and Sanskrit characters on it which embodies and reflects your innate enlightenment) it popped into my head to "chant for something to chant about."  And WHAM! I lost my job.  In the musical chairs which was the economy of the time, my company had bought another company, which somehow was in the position of displacing employees to make room for themselves in the office space and budget.  A lot of us lost our jobs that morning, but everyone else was at the top of their game so they had absolutely nothing to worry about and more than half were near enough to retirement and rich enough that they immediately said they were just going to take the rest of their life off from work.

I had no such luxury, and to top it off, I had never been unemployed since I started working at age thirteen.

That would have been an ideal time to change industries.  I had only been in that one for four and a half years, and my other experience was still fresh enough to be relevant.  But I was unfortunately conditioned at that point to think that if I made any less money than what was already four times the per capita income for my zip code that I would starve.

Why am I going this far back, long before I was hit by a car?  And why all this Buddhism stuff?  It's relevant to my point, I swear, so stick with me.

It was six months before I found my next job.  It was humiliating.  When I told the experience at a Buddhist meeting after what I though was already a rather amazing personal transformation, I cried like a child.  But the new job was not only in the same industry but wasn't nearly as good a job or place to work--though it paid slightly more, which to most people in that industry is the sole meaning of life.  I still had a lesson to learn.

A month after I started the new job, the head of the department died of cancer, a hot shot from Houston who flew in on a corporate jet, lived in a suite at the Marriott, and was driven by limousine everywhere he went replaced him, there was a merger, the people who hired me were the first to go in the process of completely replacing all staff, and finally I was one of the very last to be let go exactly one year later.

Again, chanting about my professional life, it somehow popped in my head that I would get my next job within a month.  Right after the thought occurred to me it was followed by, "What?!  A month?!  Are you insane?!"  Somehow, in my mind there was no taking it back.  It was out there.

And sure enough, a month later, I had landed a job in a whole other industry, not doing exactly what I had been doing before.  Victory, right?  No, it was even worse, but it paid buckets more--the most money I had ever made in my life--and came with a signing bonus which enabled me to put a down payment on finally buying a car.  It was a kind of victory and continued misery all wrapped into one.

My new boss was the worst manager I have ever encountered.  I would figure out later that the only business she had managing others was by title.  And I foresaw that I would be one in a long line of people in a department which had very high turnover except for a couple of select, long time coworkers.

A week after starting the job, I was hit by a car and disabled.  And that's where the start of this blog's story begins--two years ago, save a week.

I have tried the desperate move of looking for another job in the same industry I was in when this story began, but it seems I have successfully removed myself from the running.  And now I really have no choice but to do what I really want to do, what I should have been doing the whole time.

So an accident or personal tragedy can be ultimately a good thing.  But it depends on you.  Don't be willing to do 'anything' to survive.  A willingness to do anything isn't going to get you a decent job much less make you rich or happy.  And it's not the road to success either.  The more determined you are on your goal, and the more effort you make towards attaining it, the more successful you will be.

My goal before was to make money, and I did, and it made me miserable.  Now my goal is to work for the happiness of myself and others, and I feel I am already succeeding.  In the next few months, and next few posts on this blog, I'm going to prove it conclusively.

Thursday, September 6, 2012

Insurance Basics for Cyclists: Insuring Both Bike and Rider

Today I'm going to discuss the insurance you should have in place to cover you in case of an accident while out on the road.  I'm specifically referring to cycling here, but certainly this applies to all sorts of other applications, including running, or even as a pedestrian carrying virtually any personal possession.

BICYCLE INSURANCE:

The standing myth is that there is no such thing as bicycle insurance in the United States, that if your pricey bicycle were totaled in an accident by you or someone else that you would have to pay for the replacement entirely out of pocket, or that you would need to be a homeowner or car owner to have a bicycle or other non-motorized sports equipment covered.  The fact is insurance for your bicycle and other equipment is actually very cheap, and anyone can get it.

I, for example, have a Renter's Policy with State Farm which covers all my property, including my bicycles, anywhere in the world.  The policy costs me less than $25 a month.  But any Personal Property coverage will cover your bicycles.

As discussed in an early post on this blog, when I was hit by a car in October 2010, I didn't wait to see how much the insurance of the driver who hit me was going to pay for the damage to my bicycle; I called my insurer--State Farm--told them it was totaled, the make, model, and year, included the wheelset, and the make, model, and MSRP of the new bike which would be a 'like or better' replacement.  No inspection, no needing to find a receipt or even say how much I paid for the bike.  I received the cost of the bike less depreciation and deductible (the amount of money I pay out of pocket for each claim, which in this case was $500).  State Farm sent me a check for about $1,500 and when they collected the full amount of the loss from the insurance company of the driver who hit me, they sent me another check to refund my $500 deductible.

The only mistake I made was forgetting I should have also included my helmet in the claim.

HIT AND RUN INSURANCE:

I used to practice looking at license plates and trying to remember the numbers in case of a hit and run, until I realized you can't even read a license plate unless it's right in front of you much less memorize it when you've just been hit by a car.  And even if you could, what if the driver successfully denied hitting you, or they didn't have insurance, or it wasn't a car but another cyclist or pedestrian.  This is where the Uninsured Motorist coverage of your auto insurance kicks in.

By the book, Uninsured Motorist covers you in case you are in a car accident with another driver and they have no insurance or inadequate insurance to compensate you for your injuries--or in the case of a hit and run.  What almost no one realizes is, this also covers you while cycling and as noted above in all other circumstances as well.  You could be walking across the street when you were hit and this insurance would cover you.

So, again to use me as an example, let's say the driver who hit me on that Autumn afternoon fled the scene and we never found her or she had the absolute minimum statutory coverage for Liability--which is $25,000 in New York State-- or no insurance at all, but I had $100,000 or $300,000 in liability coverage on my own car insurance with an Uninsured Motorist limit equal to that.  I could receive, from my own auto insurance, the difference between what the driver's insurance paid and the full amount I should receive up to the limit of my auto insurance policy.  And I wouldn't even have to go after the driver in court to collect this difference because at that point the loss belongs to my auto insurance carrier--so they would go after the driver and even send me any additional funds they collect.

Also note that collecting from your insurance under Uninsured Motorist would impose no penalty on you whatsoever.  Your rate wouldn't go up one penny and this would not effect points on your license.

Unfortunately for me, at the time I did not own a car--though I do now.

LONG TERM DISABILITY / ACCIDENTAL DEATH AND DISMEMBERMENT

You know those Aflac commercials, where the guys are sitting in a park with their kids and both have broken legs.  They are Disabled from work.  No work means no pay, and unless you're very wealthy you need to be paid just to pay your bills and live as normal a life as possible until you are able to work again--if ever.  And you don't have to be disabled from a very physical job either.  My job at the time was sitting at a desk, talking on the phone, using a computer, file management, and some travel.  About the worst injury I could have at work would be a paper cut, so I had no idea what my employer could do for me other than maybe give me a couple of weeks of unpaid leave.  I couldn't even sit upright in a chair.

Honestly, before I was hit and became disabled, I thought this coverage only applied if I lost a limb or were killed.  I always bought these coverages in case of that kind of injury so my wife would receive all the money she possibly could.  I always bought the maximum.  It was some time after my injury before I realized I was qualified for even Short Term Disability.  These coverages are typically offered to you as a benefit at work, and they cost very little, but they pay when you need it.

Again, I can only use myself as an example.  I had this coverage but didn't really understand what it was.  Moreover, I had only been at my job a week when I was injured, so I didn't think I could actually collect.  And I didn't realize that my injuries qualified me as 'disabled' because I thought that only applied to permanent disability.  Even when I discovered that I was certified disabled, I had no idea that I would qualify for more than a couple of weeks, much less months, and then years.

I certainly never imagined that I would be so badly injured that I couldn't work for more than a couple of weeks, barring terminal illness which was unlikely for a cycling god like me (right Lance?).

So without going into the details, I recommend you buy all the disability and life insurance that is available to you, and when you are injured immediately file a claim.

NOTE: This is not legal advice and does not represent a professional recommendation.  Each case may be different and you should contact your lawyer or insurance representative about any questions you may have about your coverage and circumstances.  This post also may be edited or deleted in the future at the author's discretion.  But I do sincerely wish that everyone gets adequate coverage in case disaster strikes as it did me.

Saturday, July 7, 2012

Life Under Reconstruction; "Whatever happens, however, you must not despair"

"When things are going smoothly in this world of ours, we suppose there is nothing to worry about, but these days the situation seems very threatening indeed.  Whatever happens, however, you must not despair.  Be firm in your approach, and if things should not go as you wish with regard to your lands, then determine to be more contented than ever, adopt an attitude of indifference, and if you like, come here."

The Writings of Nichiren Daishonin, Volume II, "On Polished Wheat" written at Mt. Minobu, Japan to Nanjo Tokimitsu in 1275


Becoming disabled really is a disaster, and it's your own private disaster.  FEMA isn't going to come help you with a place to live and basic services until you get your life back together.  Except for any disability money you may be receiving, you're really on your own.

In my case I'm rather sure that my knees and spine will actually be better than they were before I was hit, and I'm determined that my life should be as well, but in the short term I'm still in recovery mode, and the principle struggle is money.

Social Security Disability, which is my only source of income at this point, only pays a couple of hundred dollars more than my rent, and I've just burned through the remainder of my savings.  On top of that, I just found out that the house I've been living in for the past five years has been sold and I need to move out by the end of July.

Sounds pretty damn awful, doesn't it?

But there are positives as well.  Because I never gave up plugging away at my employer about any benefits or money which I believed I was owed, I found out that I am due some assistance in placing me in another job, as well as Severance Pay, and that the demand that I pay back some money to the company was actually incorrect as I had figured logically it was.  This could mean a new role in the company or at least some much needed money.  This change in status also extended my insurance benefits for months longer without us having to go onto a COBRA program we couldn't afford.

When I spread the news about my housing situation--realize we have really no money for a deposit/first/last right now, particularly in New York City--a family friend immediately offered the rental of a house she's been trying to sell on a month by month basis, and for cheap!  Moreover it's in a location where my costs for everything will be significantly less, including insuring my car, gas, and tolls--all of which are outrageously expensive in Queens.  The house is an hour and change outside of NYC, and ideal for my interests in both Cycling and Astronomy.

It's amazing the results you can get when you never give up.

So now our plan is to move to that house for three months while I find my next job (I have two interviews next week) then save up a bit of money so we can move back to Queens to the same neighborhood.  Then I'm going to start taking classes again, maybe even enroll in a Masters Degree program, and improve my life in every respect.


Sunday, June 24, 2012

And Now the Real Trouble and Recovery Begins



I'm up at 3:47am because I can't sleep. I can't sleep because my mind is not at ease.  With the end of my long term disability benefits from work, and having already been replaced in my job, of course my principle worry is money.  My taxes are a mess and my savings are nearly gone.

I don't know if I'll be able to receive unemployment benefits in addition to Social Security Disability.  I've read that it's possible, but I'm only just about to try for it.  That would really make the difference.

The good news is that my manager had done everything improperly, downright illegal, and now I find that I'm owed some money and support, and that my health insurance will not run out as soon as I thought.  But still, that doesn't save the day.

Do I take any job just to survive?  No.  And that's my advice for the day--or middle of the night.

When you're in this situation, it's somewhat of an opportunity. It's a clean break.  In my case I've felt I went off track when I took that first job in my current career.  I grew up and worked in Entertainment, and also worked in Higher Education and Educational Consulting before.  I came to the realization that I never disliked what I did for a living before, quite the contrary.  I took a series of jobs because the money was great, but I lost what I have to give to the world in the process.

I don't have kids or a mortgage.  I don't need a lot of money right now.  I just have to find that next opportunity that's a fit for who I am and what I have to contribute, and grow from there.

Saturday, March 31, 2012

My Aching Back: Or Any Injury That Is Ineligible For Surgery

For my knees, reconstructive surgery was the only answer.  But when it came to the injuries to my spine resulting from getting hit by a car, there wasn't any torn tissue therefore there was nothing to surgically repair or replace.  I had spine injections--which are surgery but not corrective--and they worked for a couple of months of relief from the worst pain, but ultimately I had to either find a solution or live a lifetime of pain.

I was hit from the side with the car striking both my left knee and the front end of the bicycle directly, which then struck my other knee and ankle.  So my lower half went right and my upper half went left onto the car and then the roadway.  The bike was shot out from under me like a billiard ball, but not before torquing so hard that the Mavic racing wheels both--front and rear--twisted and snapped.  Being that my wheels are made of tougher stuff than I am, you can imagine the force on my spine.  You could jump on those wheels several times and the most damage you would be able to do is bend them a bit--they wouldn't taco and snap like they did when I was hit--so you can imagine what this did to the bone, muscle, and ligaments of my body.

Crashing doesn't compare in the least with getting hit by a car weighing more than a ton.

Anyway, immediately after the accident and for the next couple months I hurt all over.  I was actually afraid to have MRIs done of my hips because I thought I might have to have surgery on at least the left one.  But when it came to my spine I didn't hesitate to have it thoroughly checked out.

The MRIs revealed that I have several herniated discs in both my lumbar and thoracic spine as the result of getting hit, and later x-rays revealed that my spine is twisted in two places.

I was sent to a spine surgeon who said the damage wasn't severe enough to require surgery.  Basically what this means is, after surgery I might not be as functional as I would be if I didn't have it.  So the spine surgeon sent me to a pain specialist who performed a series of epidurals (spine injections) on my lumbar.  While this relieved the very worst of the pain for some time, it was temporary and actually didn't do anything about the cause of the pain.  I was told that eventually, over several years, the herniated discs should get better, but that they wouldn't be as they were before I was hit by the car.  He also told me that he could not perform this same procedure on my thoracic--so no surgery and no pain relief there.

A few months after the injections I felt the pain was almost as bad as it had been before receiving the injections, so I started to get desperate.  I turned to a nearby acupuncturist.  While the acupuncture helped in the couple of months that I tried it, particularly with all the muscle, tendon, and ligament injuries, I didn't feel it was helping my spine.

I then considered laser surgery, but before I tried something invasive I thought I would give a chiropractor a shot, and many of my friends highly recommended I try this option.

Looking on the internet, I found a chiropractor whose narrative was one of his own injury and pain, and how traditional chiropractic methods did not provide him long term relief, but when he was treated with a new technique where they actually move the bones into the correct position rather than simply relieving pain he experienced much better personal results.  In particular, he mentioned cycling, and as I am a cyclist this is what really sold me on trying out his practice.

Until going to the chiropractor ( Dr. Dominick M. Fazzari ) my pain was unending and intense.  On a scale of 10, at times the pain in my spine was a 9 (near tears) and most of the time it was a 7.  There was no position, sitting, standing, or laying down which was pain free.  Most particularly in my thoracic, the change was very impressive.

I have to say there still is no position which is pain free, but the pain has become more generalized, therefore less intense.  There have also been very positive changes particular in my posture and the alignment of my hips--so I limp less severely as a result of the chiropractor's treatment.  I remember thinking after the first couple of treatments that I limped in, but I walked out.

The main point of this whole story is, it's important to not only get a second opinion when you hit a wall on treatment, but to try various treatments to find a solution that will work for you.  The surgeons and pain specialists would never recommend a chiropractor for example, but they would recommend the acupuncturist.  And while the acupuncturist was very effective, ultimately much like the pain specialist, it was not the ultimate solution.

Ultimately, it's going to take years and a combination of treatments to get my spine and knees to full function again, but I am confident that so long as I continue the effort I will eventually recover full, pain free functionality.

Monday, March 19, 2012

Survival Mentality: Keep Your Spirits Up, Have Goals

I was watching an interview of Bear Gryllis by Anderson Cooper on CNN and was struck that he said the same things I say to people about surviving all sorts of extreme situations, such as physical rehabilitation, unemployment, or an even more serious personal tragedy.  He even has the same favorite quote by Winston Churchill who said, "If you are going through hell, keep going."

Most people don't realize that Bear at one time broke his back in three places.  His spine!  He went through a year of rehabilitation, and then climbed Mt. Everest with his father, who initially taught him how to climb as a child.

And of course everyone knows Lance Armstrong's story.

Thoughts of doom and gloom can be self-fulfilling.  If you don't have the will to persevere, to survive, then you wont--whether it's coming back from a terrible injury, an illness, being literally trapped and waiting for rescue, loss of a loved one, the end of a dear relationship, or unemployment.  People who are great survivors aren't usually survival experts, they typically have something else that sustains them and makes them more than the sum of their experience.  It could be faith, family, or a sense of mission for example. 

In my case, I've been though hard times in my life, particularly in the last several years, and I've won every time.  So getting hit by a car, going through surgeries, and rehabilitation is comparatively easy.  I am determined that this isn't going to end my lifelong love of cycling or active lifestyle, and with that in mind I have already bought my replacement bike: a 2011 Trek Madone 5.2 .


Sweet, right?

Monday, March 12, 2012

Today's Independent Medical Examiner is a Chiropractor

I have to go to the Independent Medical Examiner today. This one is a chiropractor. Basically, this is where no matter how injured you may be, the doctor is paid to say you are fine so the insurer can deny your claim. You could lose a leg and the IME would say you walked normally and required no further treatment.

I notice that they always have these examinations here in New York City in the most difficult to get to areas, and when you get there the waiting area is designed for discomfort, especially for the disabled.

The last IME appointment I went to, I had to wait about three hours and my spine was killing me. While there, I met someone who had been sent to an IME four times in a row and each time, after waiting for hours, they told him that they were done for the day and would have to reschedule him. I told him that legally they couldn't do that--as it was clearly unreasonable. The strategy was obviously that this person is very seriously injured, that there's no denying it, but if you keep requiring him to go to these appointments eventually he will miss one and then they can not only cut off his claim but refuse to pay any outstanding charges for treatment he has already received.

Lovely business, insurance.

Monday, March 5, 2012

When You Can't Go Cycling Due to Disability: Exploring Your Other Interests

In my case, cycling is my main thing, but you may have an activity which is just as dear to you which you can't do after an accident.

One time, when my wife and I had begun dating seriously, she actually said to me while standing in my apartment in Narashino, Chiba, Japan--which was more like a bicycle garage with a bed and a TV in it than a place to live--"You love cycling more than me, so you have to choose--me or cycling."  I smiled and replied, "It was nice knowing you."  I wasn't calling her bluff; I thought I shouldn't have to give up riding my bicycles for the sake of a relationship.  If I couldn't be a cyclist, then I couldn't be me, and therefore could not be happy.

She huffed, but didn't leave after presenting this ultimatum, and these days she actually looks forward to and supports my avid cycling habit--because it gets me out of the house and she gets to spend quality time with the television without distractions.

So fast forward to post-October 2010 when I became unable to go cycling.  I'm home for all but doctor appointments and physical therapy and particularly at first both of us were genuinely miserable with this new reality we suddenly found ourselves in, where I would not be riding at all.

I dealt with this exploring my other interests more deeply.  I started writing and reading more again--as I used to before moving to New York City--had just managed to save up for a planned purchase of a telescope and all its related equipment a few months later, and I have been strengthening both my practice of Nichiren Buddhism as well as the various wonderful relationships I have in my life with friends, peers, and family.  Despite being genuinely sad about not riding, I was able pour myself into other things which I could do.  I now absolutely love Astronomy, have rediscovered my love of reading several books at a time, writing, and something I used to not enjoy at all which is driving.  In fact, I think this time I've had to reflect on my hobbies and other talents will positively change my career and academic path.  I've even made some new friends amongst whom are professional Astronomers, and even an engineer from the Apollo missions.

While I consider it fortunate that I was hit in October, at the end of the season, so that I effectively will have only missed one full season of bicycle tours if I fulfill my goal and start riding again this Spring, I have also discovered that I am not some miserable bloke with only one joy in life--oh, yeah, and I have a wife too so I guess we have to count her in and call it two joys in life.

I don't feel it will be very hard to get back into cycling at least as strongly as I did before, especially as my many cycling friends have been simultaneously teasing and encouraging me to ride with them.  I don't think they even know what I look like in regular clothes!  At the same time, I don't want to toss aside this wealth of rediscovered interests and the new friends I have gained along the way.

In fact, as soon as I'm settled in a job and riding again, I'm strongly considering taking courses in film school.

Wednesday, February 22, 2012

No Fault And Doctor's Appointments: Some Basics You Should Know

If you were hit by a car in a No Fault state the first thing you need to know is that you can, and should go to any provider of care that accepts No Fault.  In New York this includes orthopedists, chiropractors, and acupuncturists.  You do not need prior approval, a referral, or have to choose from a list of pre-approved doctors as you would with an HMO or Workers Comp.  You do not need to contact the insurance company--in fact you should never speak to them directly unless your lawyer says you have to.

This is important not only so that you can get the proper care as soon as possible, but because it also supports your case against the driver's insurer and possibly the driver if you cannot receive an acceptable settlement from the insurer.  Remember, the auto insurer has claims people whose job is to reduce the amount of money they need to pay for your injuries.  The insurer would really love it if you didn't go to the doctor, they had their Independent Medical Examiner look at you, and then they could cut you off from receiving any medical care AND reduce the amount of liability money you would have received otherwise.

So in my case for instance, I was told at the Emergency Room the day I was hit that I should go to my regular doctor a week later for a follow-up.  Instead, I went straight to the orthopedist.  I went to the front desk and simply asked, "Do you take No Fault Insurance?"  They said yes, and I made an appointment.  If I had gone to my regular, general physician he probably would not have realized how badly injured I was, or referred me surgeons--and even if he did, for lack of a specialty his diagnosis would not have carried as much weight.

If that doesn't convince you, consider this.  When the insurer sent me to an Independent Medical Examiner, they sent me to an orthopedic surgeon; he was a quack who just denies claims all day, but he was a surgeon.  If the insurer feels they need a surgeon to deny your claim or cut you off from care, then certainly you need a surgeon on your side.  And it's paid for by No Fault, so you really have no reason not to see a surgeon.

The other main thing you need to know is that you can go to as many doctors as you like, but you can't go to two of them in the same day.  This includes Physical Therapy.  So in my case I can't go to a chiropractor or go to a follow-up with the surgeon and go to Physical Therapy on the same day.  So if you are receiving care from multiple sources, make sure to schedule them out.

Also don't let a lapse of time go between getting care and simply resting.  If you're not receiving treatment for a time, this indicates to the insurers--including Disability or Workers Comp--that you no longer need care.  As hard as it is to keep going, as much as you would love to take a month off from getting electrocuted, stabbed with needles, going to Physical Therapy, and getting your bones manipulated, you can't stop until you are 100% and ready to go back to your normal life.

Monday, February 13, 2012

Having a Strategy: Plan Ahead for the End of Your Disability Period

If you get a load of money, a major windfall either from the settlement with the driver's insurance or in court, there are generally two things you can do with it in my opinion.  If you have the discipline to save it or some significant portion of it, and you don't have any dire need to spend it, then by all means sock it away for retirement or a big purchase such as the down payment on a home.  If you have been constantly behind the eight ball though with high credit card balances and bills piling up, and particularly if you're prone to squandering money, then if you are going to blow it then blow it on debt relief.

Personally, I was somewhere in between.  I had student loans I could never seem to catch up on, and in the past year I had bought my first car, which was financed with fairly outrageous terms.  So day one I killed off two student loans completely--gone, a tremendous weight off my shoulders.  Day two, I paid off that car loan in cash.  Between the student loan and car payments I would no longer be making I reduced the amount that I would be paying out monthly by over $700.  That's over $700 more cash, in my pocket, every month--or well over $8,400 per year.  It's like giving myself a raise.  By paying off the auto financing only six months after I bought the car, I also saved myself over $8,000 over the next four years--so now we are up to well over $10,000 a year that I get to keep in my pocket over the next four years.  No more worrying about missing a payment or two on my car due to a period of belt tightening, or not having a car to get to better job opportunities and places to live (and enjoy cycling of course), the car is mine.  And no more student loan officers chasing after me.

Of course I had a decent amount of money left after that, and decided that it would be best to buy things which I was going to need to buy eventually anyway.  I had some broken down old furniture which I bought used and never intended to be permanent to my life which I replaced.  I finally bought my wife a decent bookcase, and I bought some electronics which were very reasonably priced.  I also was able to buy my wife a trip to visit her family and friends back home--in a foreign country--without it being a real belt tightener.

But then there are the unexpected expenses of Disability that you should set aside some money for, and when you think you have enough to tide you over, think again.

In my case, once I was approved for Social Security Disability I received a lump payment back to June--when my Long Term Disability insurer started paying on my claim.  That meant that there were thousands of dollars in overpayments to me as the Social Security Disability payments reduced the amount of my benefits from MetLife.  Since I didn't want this to drag out so that I just ended up under the gun with them for years to come, I told them to keep the money they would have otherwise paid me until the overpayment was settled.  That was two and a half hard months and at the end of it I didn't have much left other than what I invested--but it was worth it.

And it seems as soon as you have some money, people are coming at you from all sides to take it.  I can't go into the details, but you might literally need a bit of a war chest for the messy period between the end of your Disability period and being employed again.  You cannot count on your employer fulfilling their legal responsibilities to rehire you or even to not literally penalize you for being disabled; they may act illegally counting on the fact that you do not have the money to hire a lawyer and fight for your rights, or that you may be ignorant of what your rights are.  In any case, you should assume that at the end of your Disability period, you will most likely need to find another job.  Even global mega-corporations can get very petty, making it seem like you went AWOL even though they have been made well aware of the physical impossibility of you doing your job for some time.

Bottom Line, on the positive side: Look at the long view.  This is probably a once in a lifetime event for you, you will get past it, and ultimately you will have the benefit of having used that windfall you received in Liability money to your maximum long term benefit and having your injuries treated as best they could be.

My goal at the end of all this is that my knees and spine will be even better than they were before I was hit.  After all, I just had a major overhaul done, not only physically, but financially as well.  So long as you're smart about how you manage your Disability period, your physical treatment and recovery, and your financial stability, ultimately everything is going to be as good or better than it was before.

Friday, January 6, 2012

Two of My Friends Were Doored and Did EVERYTHING Wrong!

In both cases they were doored, injured, and their bicycles were damaged.  The first didn't have the sense to call 911 and now the insurer is trying to claim the accident never actually happened (so how did he get the driver's insurance information?).  He contacted my lawyer and I'm sure things will work out as best as can be given there was no police report at the scene of the accident.  The second one just happened, doored by a really huge SUV, and telling by the rather massive amount of damage he did to the SUV he will be lucky if he doesn't need surgery.

But here is what the second friend really did wrong.  He did call 911 and a report was filed, but he didn't go to the ER and actually rode home, injured, on a bicycle with a now trashed front wheel.  At the very least, he's going to need a new wheelset which will cost at the very minimum $200 plus installation, adjusting the derailers, transplanting the gears, et cetera.  He also believes he's OK, but has a lot of pain--which sounds very familiar.  He doesn't even want to go to see a doctor because he believes he can't afford the time off or expense, when in reality he can't afford not to do it and will absolutely receive at least a few thousand dollars in liability money from the insurer.  He doesn't want to contact a lawyer.

This second one actually sounds even more familiar than the first.  My friends practically begged me to contact a lawyer after I got hit, and it took me quite a while to come around to actually doing it.  I also thought I was going to be fine, and wound up having multiple surgeries and living on Disability for over a year.

Bottom line is, if it was nothing then you wouldn't bother telling anyone about it much less calling 911.  When you are in an accident, you should do nothing less than treat it as if you may be massively injured.