Social-Security-Disability-Forum: Question: My Medical Problems are Affecting My Ability to Work. What Do I Do Now?

Question: My Medical Problems are Aff...

Social-Security-Disability-Forum » Question: My Medical Problems are Affecting My Ability to Work. What Do I Do Now?

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lance

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Posted on Monday, May 28, 2001 - 7:27 pm:

I have systemic lupus and rheumatoid arhtritis.
Working is getting more and more difficult. Do
I or will I have any problems recieving social
security disability.

Paul McChesney (Admin)

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Posted on Wednesday, June 06, 2001 - 4:38 am:

It is rarely easy for anyone to get a Social Security Disability or SSI check started up. It usually but not always takes more time than you can comfortably afford.

However, both lupus and rheumatoid arthritis are serious diseases, and most good judges understand that each of them can cause disability.

I would suggest:

1. Sit down and talk to a lawyer who does a lot of social security disability work now, before you stop working. Maybe talk to a couple. Once you sign with one, the others can't talk to you.

2. Make sure your doctors are all going to help if the time comes. You want to have doctors who understand how serious your condition is, and don't mind writing it down.

3. Get as much long term disability and other insurance as you can, now, if it is available. Usually sick people can only do this if you get it through work, and usually it is offered only in high-class jobs.

4. Educate yourself out of your disability if possible. Get a degree in a high demand, low physical exertion field that not just anyone can get. This is impossible for many. If it is possible for you, do it.

5. Depending on the part of the country you are in, it can take between one and two years to get to a hearing if you are turned down the first and second time, as often happens. One way to lessen this time is to file as soon as you are out of work a little, and then keep trying to work. This is tricky, though, and should not be done without a lawyer.

6. DO NOT drift out of the work force! Work if at all possible. If not, file and keep pursuing. If you do not do either, you can lose eligibility.

7. Cut your expenses to the bone and save money.

8. Give your employer 300% of what he has a right to expect out of you; don't complain or make trouble in any other way. Try to make your attitude make up for yor physical difficulties.

9. Read number one again, and do it right now. Email me by clicking here and give me your city and state if you want me to see if I know some lawyers in your area. Or try the phone book and call several. If you can't get the lawyer on the phone in a week or two, go to the next number. Be sure he does a lot of this work.

Good luck.

Lynn Park

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Posted on Tuesday, June 19, 2001 - 10:48 pm:

I am a 45 year old female living in NC. I have had diabetes for 17 years. I have been on several different medications to control my diabetes. I have diabetic neuropathy in my feet and hands. I have been taking Ultram for 3 years for pain. This has become unbearable at night. I also have severe pain and numbness in my feet and fingertips. I have been diagnosed with Narcolepsy and sleep apnea. I am being tested for myopathy due to severe pain in my legs and arms with muscle spasms, atrophy and extreme fatigue. I am currently working full-time as a medical secretary but the pain and numbness is interfering with my transcription. The fatigue and struggle with daytime sleepiness are making each day more and more difficult to make it through a day. I feel as though I have no quality of life pushing myself to the limit every day. What are my chances of qualifying for disability?

Paul McChesney (Admin)

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Posted on Thursday, June 21, 2001 - 6:34 am:

You need to:

1. Be sure your doctors will back you up if you have to file. Don't go to a doctor who will not help you.

2. Talk to a lawyer right now about the possiblities.

3. Work as long as you can. Try to gravitate toward a job that requires almost no physical exertion.

4. Buy as much health and Long Term Disability as you can get.

5. If you let go of this job, it might be your last. Don't do it casually.

Good luck with your difficult situation.

Harley68

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Posted on Friday, April 13, 2001 - 1:39 am:

I'm a 30 year old,married,high school educated,mother of two. I have Crohn's disease and osteoarthritis. I have only been sick for 4 years but during that time I have missed a tremendous amount of work. I have had a total hip replacement,ankle tendon transplant,and a colon resection. I take Vioxx daily,Remicade infusions every 8 weeks and Predisone as needed. I have joint inflammation and pain that sometimes prevents me from walking or any rapid movement for weeks at a time. I work 10 hour shifts at a local factory. My job requires standing,walking,and lifting 50+ lbs. daily. I am able to do most of my computer entry and filing while sitting down. I wear support hose and orthopedic insoles in my shoes. My work station is about a mile from the parking lot and I have to walk up 15 stairs just to get to the restroom. I have held this position for almost 8 years. I have tried to transfer within my company but my joints and bones can't adapt to -32 degree weather. I have been treated in Columbia and at MUSC for my conditions. In your opinion do I have any options? Thank you!!

Paul McChesney (Admin)

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Posted on Monday, April 30, 2001 - 4:32 am:

Dear Harley68

If you input your email address, I can reply directly; otherwise you must keep checking the board to see if there is any reply. A lot of people have trouble finding their way back to the page they were on to do that.

You have some very serious problems. You should be taking better care of that hip, as I am sure your doctor told you. And Crohn's can be a serious disease.

You should take out as much disability type insurance as is available at your place of employment. You should try to educate yourself out of your situation by getting a degree in a high demand field that calls for no physical exertion. Tech can be free with a Pell grant. You should sit down and talk with a good disability attorney if you keep missing work. Sometimes it makes sense to file while you continue to struggle to work, though this is a tricky process. Be aware that, whatever the law says, it can be difficult for someone with serious health problems to get a new job, so your old one becomes valuable to you. There are a lot of other things that might be said; to do that consider talking to a disability lawyer in your area. Good luck.

shirley alice watson

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Posted on Saturday, April 28, 2001 - 8:52 pm:

I am 52 years old and have worked as a nurses' aide for over 20 years. I am from a family of people who have died suddenly from heart attacks. We share a characteristic morbid obesity and I am currently weighing 320 pounds. I cannot walk a flight of stairs without losing my breath. Repeated attempts at weight loss have failed including therapy, medications, starvation diets and even surgery. I suffer with depression and am currently on Effexor. I take daypro for the constant pain in my knees and feet, and prevacid for gastric reflux. I almost feel foolish to ask for advice about my own situation when I can see from your forum that there are many others who suffer greater than I do. I am afraid for my future and wonder if I may qualify for help? For now, I am still (barely) able to work. Would I even qualify for such helps as a disability parking permit? What else may I qualify for?

Paul McChesney (Admin)

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Posted on Monday, April 30, 2001 - 4:53 am:

A job is a precious thing, and I would never encourage you to give up unless you were damaging your health to work.

If it ever gets to that point, you might sit down and talk to an attorney, preferably before you get to the point that you have lost your job.

You also must be sure that you have a doctor that is prepared to back you up in a disability claim.

Your problems sound serious to me. Once you are over 50, if you have done only stand up work, it is going to be difficult to find sedentary work if your legs give out. But disability would be more difficult if you have skills that would transfer to sedentary work.

Beth Gill

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Posted on Wednesday, May 09, 2001 - 12:21 pm:

I have a friend who is 45 years old and has been diagnosed with polycystic kidney disease. This is an incurable, hereditary ailment for which there is no cure and very few treatment options. It is a progressive disease which eventually leads to kidney failure and necessitates kidney transplant. He also suffers from high blood pressure, depression, breathing problems which are currently being diagnosed and a sleep disorder called sleep atrophy.
He has a high school equivalancy certificate and has worked mainly in the construction field operating heavy equipment. He is currently employed as a machine operator and has maintained employment for at least the last 25 years. Since being diagnosed with polycystic kidney he is working more and more erratically due to the intense pain of the condition and the strength of the medication required to control this pain. He is taking Tylox most recently. This type of medication leaves him unable to safely operate machinery or even to drive back and forth to work. He is still trying to work but is increasingly absent as the disease progresses.
His annual income is aroung $20,000 dollars but keeps getting smaller due to the work he is missing. He is concerned about the reduced income as well as his job security as his condition requires him to miss more and more work. He has no property or savings and with all the medication he is taking he can't afford to be without insurance for any length of time.
He has been told that since the primary symptom of his disease is pain he cannot prove his eligibility for disability benefits. Can this be true? This is a documented illness that is only going to get worse as time passes. He had a heart attack about 10 years ago and I am really worried that the stress of work and financial problems is going to bring on another one. Also the lack of sleep he is experiencing tends to enlarge the heart which is very dangerous given his history.
What options does he have and would a lawyer be able to help him?
We live in King, North Carolina, that's close to Winston-Salem. Any advice or resources you could suggest would be greatly appreciated.

Paul McChesney (Admin)

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Posted on Saturday, May 12, 2001 - 6:30 am:

Beth (Gill) Your friend is in a difficult situation, as are many folks who have a serious health problem and are struggling to work. If I were him, I would sit down and talk to an attorney who handles a lot of disability claims, right now while he is working. He needs to have a plan for how he is coming out of work, in case he has to. He should buy any disability insurance that is available to him, and make sure that his doctor will support him.

I am not sure that his case is based solely on pain, but if it is that makes the case more difficult, but not impossible.

Please email me your city and state if you want me to suggest an attorney or two.

Take care and good luck to him.

BobK

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Posted on Monday, June 25, 2001 - 1:59 pm:

I am a 41 year old man who has worked for the same company for 10 years. I have been actively employed for 23 years including 6 years in the US Army (early 80's)

Last Jan, my employer told me that my job was being eliminated in April of this year. We discussed the situation and determined that with the 4 months available, I should have no trouble finding a position within the company, in fact they even sent me on two internal interviews.

In Feb, I developed back pain which escalated to leg pain. My family doctor scheduled an MRI which showed a herniated disc at L4/5 and 2 other bulging discs. I was sent to a neurosurgeon and had surgery in Mar. I was out of work on salary continuation from Feb-May.

While on salary continuation, I received a letter from my employer acknowledging that my postion was eliminated and that on my return to work I would be in a 4 week limbo period (unpaid). during this 4 weeks, if I was unable to find a job, I would be severed according to policy (in my case 4 months pay)

I was unable to locate a job and am due to be severed this week. In the meantime, I continue to experience back pain, escalating to severe with any activity or prolonged sitting. During my job search, I came to realize that I will be unable to resume my career (retail manager) due to the amount of walking required. My neurosurgeon has released me to my family doctor so he can prescibe pain medicine as needed.

Any advice would be appreciated.

Reply by Paul
1. A job with a good company is incredibly valuable. Hang on to it any way you can. I know it might be too late, or you might be ailing too much.
2. If you can't do that, you might consider coming out on short and long term disability, if it is available. Those policies might end when you quit work, so you need to think about doing that now.
3. Of course, if you can get a job, do so.
4. You might also file for Social Security Disability. If it were my financial survival at stake, I would find a good attorney even before I filed.
5. If he or she is good, he or she will probably have other suggestions that apply to your locality.
Take care and good luck.

htevlev

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Posted on Sunday, August 19, 2001 - 8:34 pm:

This is my husbands story: I am 41 years old, I have been working since the age of 14. I was in an accident at the age of 13. I was riding a motorcycle and got hit by a car. My injuries were: right ankle crushed, leg broken in 2 places, pelvis and hip socket broke, bruised kidney, blood clot behind right eye (impaired vision resulted for life), concussion, and neck injuries. I was in a full body cast for a while. At the time of the accident the doctors told me that I would bounce back but the pain would return as I got older. Boy, was he ever right. I now suffer from arthritis in my ankle, arthritis of the left knee, chronic hip and neck pain. I only have 50% movement of my right ankle. My right foot/ankle was re-attached after the accident. I suffer from high blood pressure, nerveousness, acid reflux disease, sleep apnea, and tendinitis of the arms and hands.
I am a FORKLIFT operator by trade, have been for the past 9 years. I took this position due to being unable to stand for any period of time due to my foot. I now suffer from hand and arm pain due to my job. I no longer am able to perform my job duties due to the constant pain. I am not able to take medication on my job due to driving a lift and am not suitable for any other job due to chronic pain. I have always worked in manufacturing jobs, and know that I can no longer work due to the constant pain I am in. Unfortunately, my doctor is a company doctor and only wants to prescribe pills, that I cant take and do my job.
My problem is: I can NO longer work in pain, but can't afford to be without money to pay the bills. I have been out of work, taking vacation days, for the last couple of weeks, because the pain is TOO much. I went to the doctor last week, and was given "steroid injections" in both hands for the swelling. I am also wearing arm/hand braces. He put me out of work for 4 days. Well, guess what, I am no better.The pain has been creeping up on me for years, to the point of unbearable. I am unable to do anything for any period of time. I am calling the doctor again tomorro, because I know that I am unable to continue working. I live in SC and work in NC. My annual income is approximately $50,000. Believe me if it werent to this point I wouldnt think of leaving a job making this kind of money. But, I cant do anything about the pain. The constant pain makes me delirious and I am afraid I am going to "snap" on someone at work.
What should I do? Any doctor or attorney recommendations? Do you think I have a chance at social security disability? I graduated high school but that is the extent of my education. I would also like to know if my spouses income plays any part in SS DI benefits.
You can email my personal email with an answer. I may not be able to find this forum again.
Thanks,
Fred

htevlev

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Posted on Sunday, August 19, 2001 - 10:25 pm:

Forgot to tell you. Doctor has put me on "no lifting" indefinitely. But, I am made to do this anyway, which aggravates my condition in my arms and hands....

Reply by Paul I will email you. You should file a claim the next time you are out of work, and keep appealing and maybe keep trying to work, too, maybe. Working while you are filing a claim is tricky, but can be done sometimes. Dont give your job if at all possible; it might be the last one you see.

Penny Smith

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Posted on Sunday, April 22, 2001 - 4:17 pm:

Many people need assistance but desire to continue to work. Example: Multiple schlerosis person who needs assistance with transportation and bathroom/ wheelchair accomodations. Isn't there any monetary assistance anywhere?? She is being told she must quit work to receive assistance. Can't she continue to contribute to society (by working) and receive some compensation benefits? (Ma resident)

Any funding available for conversion to hand controls for driving?

Paul McChesney (Admin)

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Posted on Thursday, April 26, 2001 - 5:25 am:

My area of expertise is winning a social security disability claim. Social Security Disability benefits are primarily available to people who are not able to work. However, it can sometimes be beneficial to file a disability claim and then continue to struggle to work while you are pursuing your claim. And, once you are drawing disability benefits, you can try to work for a number of months and continue to get benefits.

However, you question is about help for people who are not only trying to work, but succeeding in that effort also. I am not a great expert in this area, and encourage you to keep working on the question, and post on the board any answers you get. You might start by contacting your local United Way, who often keeps a list of organizations that will help people with special needs, and Vocational Rehabilitation, which is primarily focused on getting people to work; but sometimes will help people keep a job.

Take care and good luck.

sm miller

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Posted on Sunday, May 20, 2001 - 12:59 pm:

I've been working with chronic fatigue, back problems and anxiety/depressions disorders that are getting worse with age. My doctor has me on a limited work schedule(30hrs-wk) and wants me to go back to full time ASAP. The problem is I don't think I can handle this full load and have been having trouble doing just that. I have FMLA permission not to work when I'm sick or worn down, but I'm afraid my employer is getting sick of this. What can I do? Can I get SSI because of this?

Paul McChesney (Admin)

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Posted on Monday, May 21, 2001 - 5:39 am:

This question is quite impossible to answer without seeing your medical records, but I will say one or two things.

1. You need to sit down and talk to a disability lawyer. You need to have your medical records with you, or else get him or her to get them. Do you look disabled on paper? If not, you might lose any disability case.

2. You and your doctor don't agree as to disability. This is a dangerous situation for you. The Administration will believe your doctor before it believes you.

Get a lawyer now, before you lose your job, and show him your medical records, and try to come up with a plan. Good luck.

dominic

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Posted on Saturday, November 17, 2001 - 1:05 pm:

I'm a 52 year old male who has been collecting short term disability money for 2 months because of anxiety and stress. My Doctor has ok'ed me to return to work part time but I have a feeling that I will be terminated upon return. Question is: Can they do this while still under Doctors' care? and if they do, what can I do? I live in North Carolina. Thank you.

Reply by Paul

Well, maybe. It is illegal to violate the Americans with Disability Act. I am not an expert on this act, unfortunately. Search the web and post here what you find.

And, they cannot violate the employment contract, which might be found in the course of dealings between you and the employer, or in the handbook, if any. Again, I am not knowledgeable enough about either for you to take my suggestions. I believe that if you cannot do your work, ever again, they can let you go, and the issue then becomes what else, besides salary, are they or anyone else obliged to give you.

And I will say that whatever law they write down, it is still smart to give the absolute maximum effort that is consistent with health to please your employer and produce for him or her. Whatever the law says, the most effective way to get what you want out of an employer is to make yourself extremely valuable to him or her.

steve smith

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Posted on Tuesday, January 15, 2002 - 4:59 pm:

i'm a 34 year old mechanical engineer, salary over 100k, been working regularly for the last 13 years. i've got charcot marie tooth disease, it's not a tooth disease. it's similar to ms. i've had 5 surgeries while growing up. now, my hip is hurting and quite painful most of the time. i had surgery on it when i was 12. also, my disability leaves me fatigued most of the time. i live in san jose, calornia. i'm currently working but i'm about to be laid off this spring. is there a chance i qualify for SSD.

Paul McChesney (Admin)

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Posted on Sunday, January 20, 2002 - 6:59 am:

Yes, there is a chance, though your high skills make it more difficult to be successful. You have an income and can afford it; find the best disability attorney in your area and sit down and talk with him a long tim

Corey Saylors

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Posted on Wednesday, January 16, 2002 - 11:04 am:

I'm 27 year old male from SC. I've been fighting illnesses ranging from Chronic Prostatitus (start in NAVY in 93). To relentless tremmors of the body supposedly called "Famileal Tremmors". I take Flomax, Sulfamethozole, Metoprolol, Rimeron, and valium not to mention the vitamin supplements, just to get thru one day, every day. I suffer constantly. Last year alone (not to mention the last 9yrs.) I missed over 150 days of work. I have chronic pain and depression from my health problems. I afraid if I keep going down hill my job is going to fire me. This would destroy me financialy. I make 45K per year as a programmer. However, I'm starting to fail in my designs due to memory loss. I really need to see Dr's on a weekly basis but cannot either make it because I'm sick or cannot afford to leave work. I have a very weak immune system, I get the flu and colds all the time. I get embarrassed because I'm so professional and good at my job except that I'm never there. I'm always sick. I'm tired of suffering. Is it possible that I would be eligible for disibility. I know I'm young, but if anyone was in my shoes I doubt they would dispute a single thing. I need to be at home resting/coping just so I can prolong my health and hopefully my LIFE! Please help me.

Paul McChesney (Admin)

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Posted on Sunday, January 20, 2002 - 7:09 am:

You probably need to do something drastic, and soon. It is unlikely that you will be successful in maintaining employment if you are missing that much work, though I certainly hope you can.

You really need to set up your life so that you will be ready if you lose your job. This will probably take, among other things, drastic lifestyle changes. DO NOT waste your precious resouces on fancy cars, etc. DO NOT count on Social Security alone to save you if you fail. But on the other hand it might be all that saves you. See the suggestions on the top of this page.

Pam Dryer

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Posted on Saturday, July 13, 2002 - 9:51 pm:

My husband has had two back surgeries. One 20 years ago, the other 6 years ago. Through all of this the man has worked at the same company, but different jobs. Right now, the company doctor has him on light duty, under 40 lbs. His right leg and foot are numb; he has walked with a limp for the last 20 years. Recently, his arms and fingers have gone numb. In addition to the herniated discs, bulging discs, stenosis of the spine and bulging and herniated discs of the cervical spine, he started having panic attacks two years ago. Five years ago, he had arthroscopic knee surgery. Two years ago, they tried epidural injections to no avail. He will be 55 years old next month and is considering retirement. However, the pension is not enough to live on and no one would hire him in this condition. He has a high school education. He has been off work the last four weeks due to a shattered finger with a pin in it yet. We have an appointment with our physician to discuss the possibility of Disability. If he stands behind us, I think we might do it. My husband hated to lose his seniority if the possibility is there that he will be denied.
Help!! What do you think?

Paul McChesney (Admin)

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Posted on Saturday, July 20, 2002 - 10:43 am:

Pam, that is a false choice. He should file, right now, while he is out, and then go right back to work, if his health permits. Then, if he has to come out of work, his claim will not be so far from a hearing. You also should buy all of the long term disability possible at work, and make every possible move in terms of economy in order to prepare for the coming storm, if any. If that doctor won't help, get one who will. And get a lawyer. Take care and good luck.

N. Thomasson

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Posted on Friday, August 09, 2002 - 11:36 pm:

Might I be disabled for Social Security purposes?
I am 58 years old, live in South Carolina, have
worked at the same job for past 28 years (work directly under the owners(husband and wife) of a small textile machine company, duties include bookkeeping, customer relations, scheduling all shipments, personal asst. to owner, etc.) My boss expects me to work many hours and under tremendous pressure and does not want me to miss work for any reason. My weekly salary is $1060.

In 1991 I fell at work on broken concrete and fractured my hip. This required a hip replacement. In 1998, the hip became loose and required another replacement which was glued in.
In November of 2001 I was sent to a specialist in Charlotte, NC for a third replacement.
I was diagonised with Porphyria (acute intermittent) at MUSC in Charleston in 1963. I was diagnosed with otosclerosis in the 1970's and had (3) stapedectomy; I wear a hearing aid which is not of much help with my hearing loss in both ears. I have just been diagonosed with a ruptured disc in my neck due to many years of talking on phone with phone to my right ear since my hearing aid is in my left ear. I am now being treated by a spine specialist who recommends surgery as my only alternative.
I have no retirement benefits and work in constant pain in my hip and neck.
My current medications are Fosamax, Synthroid, blood pressure med., Prempro(I can not take pain
medication since I work every day). Since my hearing loss is becoming worse and my employer will not furnish me with a phone head set due to my ruptured disc or arrange my desk, files, etc. to limit my movements due to my hip problem as recomended by my physician, I have become completely disabled and unable to perform my duties. How can I find out if my health problems meet the requirements to qualify for Social Security Disability before I quit my job?

Paul McChesney (Admin)

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Posted on Sunday, August 25, 2002 - 1:01 pm:

Ms. Thomasson, you certainly have enough impairment so that success in a disability case is a real possibility. With your work skills, the key is to prove that you cannot even attend work on a regular basis. You might also have a worker's compensation claim to the extent that your impairment stems from work.

There is no way to be certain that you will be successful; if you have an attorney and have your doctors solidly behind you, you have a much better chance. But even then, it can be many months until you are successful, and you will not get nearly what you would by working.

If you file the next time you are out, and return to work, that will cut down on the wait time; of course you have to tell the Administration that you are trying to work, and should not take any money for months during which you do succeed in working. In South Carolina or western North Carolina, where I assume you live, it can take as much as long as a year and a half to get to a hearing.

You must save up some money to survive on if you lose work.

I am sure it is not that simple, but you might buy the headset and desk you need yourself; you will come out way ahead over any alternative that involves losing your job.

As to any possible worker's compensation case, I express no opinion if you or your employer is in North Carolina, but if in South, you must file a claim in two years and give notice of the fact of injury and of work connection in a way you can prove within 90 days of when you knew or should have known of the work connection.

Cathy McElroy

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Posted on Wednesday, February 26, 2003 - 1:07 am:

I am 47y/o F. I work as a reg nurse and have been an insulin Brittle diabetic for 30 years. I also have gastroparesis, some neuropathy, restless legs syndrome and sleep apnea. Working is becoming very difficult due to the irratic blood sugars 24 one minute then within a hour its over 600. Im becoming very undependable at work it my thinking at times is affected due to the rise and falls in blood sugar. To look at me I look very normal and find it hard to imagine the thought that I would qualify. However I am wondering if from these facts I have stated would it be worth my time to attempt it. thank you

Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 4:52 am:

Cathy, I think that you might, or might not, be successful at a claim. That is a wide enough variance in blood sugar that the short term effects might make you an unreliable employee. At this point you should certainly line yourself up by being sure that you have long term disability insurance in place; trying to build up a money reserve; and talking to your doctor and making sure he will support you if you must file. When you start missing work, sit down and talk to an attorney, before you lose your job. Remember it is often a long time between application and the first check.

Two other things to think about: Be sure you are handling your blood sugars in the most aggressive way possible; and think about, as a possible alternative to disability, moving into a branch of nursing that does not call for minute by minute alertness.

One wonderful thing about the RN degree is that it is in such high demand that employers will often overlook disabilities that would cause you to lose your job without the degree.

Take care and good luck.

Dee Vaught

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Posted on Monday, March 10, 2003 - 8:37 pm:

40 yr old female, heart disease revealed in jan 97 after suffering heart attack , had three or four heart catherizations in the following yrs, also back surgery for two ruptured disk in 97. was on several medications over the years.worked steady up until this past year, Had severe leg pain while walking that soon bacame pain even while resting and sleeping. Was diagnosed with peripheral artery disease. Had bypass surgery on right leg and abdominal aortic graft on jan 9th on this year and just returned to work two weeks ago and already having to go back to surgeon because of severe swelling and pain, put on more medication and return to him in three weeks, if no improvement he wants to send me to orthopedic surgeon because of some damage from the surgery on my right knee, in the mean time my surgeon is pressing for me to let him go ahead and preform bypass surgery on my left leg which is also a major source of pain for me. I am currently on beta blockers , niaspan and lipator for cholesterol , wellbutrin for depression, vioxx for the pain and swelling of my right knee as well as gluclosomine and a asprin a day. Surgeon has mentioned putting me back on plavix also. I have gone back to work but i was working 40 hour weeks before surgery and now can barely make it 5 or 5 and a half hours a day, also can not do some functions of my job like i did before. Question is: Do i file while i am working or wait until next surgery?.Single parent of two children under 18, sole supporter.

Paul McChesney (Admin)

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Posted on Thursday, March 20, 2003 - 5:00 am:

I would file immediately, and keep struggling to work. This can make a mess, and you should sit down and talk to an attorney, too. I suggest this because it often shortens the process. If you wait until you are out of work, it can be a long wait for income. Your condition sounds serious.

Sam Browning

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Posted on Friday, March 21, 2003 - 8:33 pm:

i have worked for the same company for 23 years.i recently found out that i have emphysema. i dont know yet if i can work with it or not because the job is some smoke and coolant mist.i work in a manufacturing machine shop. im just wanting to find out what would be the first step that i would need to take if the doctor tells me that i cant work under those conditions.

Sam Browning

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Posted on Saturday, March 22, 2003 - 6:54 am:

p.s. i am 52 years old

Paul McChesney (Admin)

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Posted on Wednesday, March 26, 2003 - 10:35 am:

Sam, your first step comes long before that. You must:

line up disability insurance if it is available at your company
find out if health insurance continues indefinitely while you are on long term disability
take every step you can to get healthier, for the sake of you, and your family if you have one. Stop smoking. Lose weight if you are overweight. Find out what it means to eat healthily. Do it.
tell your doctor that you don't want to quit work, but that if you ever have to, ask if he will support you in a disability claim.
If the fumes are a problem, see if you can get a job away from them. Go to school if necessary. It is often smart to do so in a related field, that doesn't involve whatever is the problem. Draftsman is just a wild guess, designing what you now make.
Give your employer 160% of what he has a right to expect out of you, and solve problems rather than starting them. You will need him to help you; that will be more likely if you are indispensable.
If you must quit, file a Social Security claim when you first miss a little work, and keep trying to work. This is particularly important if you do not have disability insurance; it can sometimes take a year or two to get on Social Security. You must tell SS about work attempts.
I would talk to an attorney before you quit work

neil thomas morrison (Neemo)

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Posted on Friday, January 31, 2003 - 10:01 pm:

I am 56 years old. I worked until 3 months ago. I had worked at an electronic company for 20 years as a pc technician- installing, repairing- a "one man band" for 150 pcs. 24 years ago I was a steel worker and had a back accident (on workmans comp). That claim expired over 20 years ago. After 20+ years of back pain I am in severe back pain and an orthopedic doctor does MRIs and says I have spondylosis, osteoporosis in my back and hip with 3 herniated disks. But he says the pain is psychological and I will soon return to work and cannot be disabled although I see little progress after 3 months pt. I weigh 275 lbs, take meds for high blood pressure, diabetes, asthma, protein in urine(kidney failure), and now after 20 years , chronic anxiety and depression(I have a history of mental illness since childhood I have tried until now to conceal from my present doctor). I don't understand why my doctor says I can never be considered for disability. I have worked since 1962 except for periods during the seventies when I was in state hospitals. I have a history back then of attempted suicide and now am regressing, God help me.
Mebane, NC

Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 6:08 am:

Neemo, don't despair. Sit down and talk with a good disability lawyer; and find a doctor that believes in you. This might or might not be the time to file a claim; you might be able to work a little while you are getting your medical facts straightened out.

Brenda Carr

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Posted on Monday, February 02, 2004 - 10:28 am:

Can I still be working part-time when I apply for Disability Benefits or do I need to stop working altogether before applying?

Paul McChesney (Admin)

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Posted on Thursday, February 19, 2004 - 4:54 am:

Brenda,
Good question! The answer is, "Whatever you can talk the person taking your application into." I don't particularly like that answer, but it is the truth.

You can try to work while an application is pending, but most Administration employees who take applications do not understand this, and will refuse to take your application. If you are not working at all, of course you can file. If you are making $400 a week of course you cannot. If you are making $20 a week you are in a gray area, and it is up to the whim of the person taking your application.

I think they should take it if you are making less than the trial work amount, which for 2004 is $810, but good luck making them understand this.

The problem is, you have to have an appeal in order to straighten out a mistake by the Administration. You have to be turned down in order to have something to appeal. You have to get an application in order to have something to appeal. So, if they refuse to take your application, they might be wrong, but you have nothing to appeal, and so can't get it straightened out.

Theoretically you could bring a class action or declaratory judgement action in Federal Court, but it is usually simpler to stop working for a week and file.

Separate questions that you did not ask is, "Should I keep working once I have filed?" and "If I do, what will they do about it?" Those questions are answered elsewhere on this page.

John Davis Jr.

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Posted on Tuesday, August 19, 2003 - 8:47 pm:

My mother has an essential tremor causing her hand to shake when writing, to the point that she almost can't write at all. She is a nurse and was recently hired into a new position. After a week, the employer pulled her aside to let her know there was a problem with the tremor, causing her not to be able to keep up with her job. The told her not to come back to work until they 'ran it up the chain' to see what they could do about it. She is 54 years old and has been gainfully emmployed in the nursing field for the past 15 years. What are her options?

Paul McChesney (Admin)

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Posted on Saturday, August 23, 2003 - 6:15 am:

John, she has a lot of options, including searching for work in a nursing related field where tremor is irrelevant; making some sort of claim under the Americans with Disabilities Act if she could work with "reasonable accommodations," or filing for short and long term disability or social security if her tremors are so severe that she cannot work.

Registered nurses are in such demand that most of my nurses, even the ones that have significant problems, can find a job somewhere. It is a wonderful degree to have if you have health problems. Not all can, of course.

Take care and good luck.

K Anderson

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Posted on Thursday, October 23, 2003 - 8:45 pm:

Hello:

After about 3 years of trying to find out what is wrong with me and being referred to many specialists, I was diagnosed with fibromyalgia. I want to know if I may have a disability case.

I fell at work twice and the rhuematologist says e fibromyalgia is caused by those trauma falls. Will Workers Comp help me?

I am a 54 year old female who did waitressing, etc. most of my life but went back to school and took a very good office job about 6 years ago. I took computer accounting at business school. I have a great deal of pain. My physician says I should try to work 4 hours a day but many days, I cannot. Some days, not at all.

I also have mild degenerative disc disease in my lower back and a cervical problem with my neck. I had back surgery 1 1/2 years ago but fell again since then and the pain has increased. It is very painful to sit. I have a lot of lower back pain with spasms and upper back, neck, shoulder and hip pain.

I also have a difficult time consentrating and remembering things I am told. My job requires quick retention of information to be used upon demand.

I have a lot of trouble sleeping and am tired all of the time.

I am on pain killers, muscle relaxers, anti- inflamatories, sleep aid, etc.

I am divorced and cannot live on 4 hours a week pay. My full time income is my support. I have no real savings except for a retirement account of about $7000.00.

Can my employer fire me for missing so much work? Others have told me it happened to them. I have a long term disability insurance policy but it does not help until I have been off work six months and cannot afford that.

I am very stressed and have been having anxiety attacks. Most of my body hurts most of the time and sometimes it is too painful to walk.

I live in Fargo ND and don't know if I should see an attorney or apply to SS or what but if you think I should see an attorney, who would you suggest?

My physicain says I just may not be able to work for some time but that his goal is to get me back to a point where I can. The only thing he has suggested other than medication is exercise physiology that he says must begin very slowly with stretching.

Please give me any advice you have. I tried to work today but had to clock out after about an hour and know I will not sleep tonight as I am so worried.

Thanks so much for being a part of a website where people like myself can ask questions. God bless, Kate

Paul McChesney (Admin)

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Posted on Saturday, October 25, 2003 - 9:19 am:

Can my employer fire me for missing so much work?

Yes.

I have a long term disability insurance policy but it does not help until I have been off work six months and cannot afford that.

You must get yourself into financial shape so that you can. Continuing to work is one way to avoid financial disaster. Saving up enough to survive that wait is the only other way I know. Social Security is almost always even slower.

I live in Fargo ND and don't know if I should see an attorney or apply to SS or what but if you think I should see an attorney, who would you suggest?

Look through the Fargo phone book and call every SS lawyer and talk. Hire the one that talks the most sense. With fibromyalgia, which is difficult to document, I would hire an experienced attorney off the bat.

Take care and good luck.

D,Hockensmith

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Posted on Wednesday, November 05, 2003 - 7:40 pm:

i am a 48 year old female i work full time and i was diagnosed with end stage renal failure last year (Berger's) disease i also have severe anemia from gross blood loss in urination and copd and asthma i work full time to keep my insurence but its almost about to kill me if i get a cold i go into renal failure or respirtory failure i have bills and can't just stop working! any suggestion?

Paul McChesney (Admin)

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Posted on Tuesday, March 02, 2004 - 5:28 am:

Ms. Hockensmith: Several:
1. Be sure you have long term disability insurance, or buy it if possible - This is probably only possible through your company. There will probably be a long wait for Social Security disability, but long term tends to start paying fairly quickly.
2. Accumulate money so that you can weather a long wait. Drastically change your lifestyle in order to do this. Pretend you are going to school and live like you are poor.
3. Get a good doctor, in two senses: one who can nurse you along and keep you working as long as possible, and one who will strongly support you when the time comes to claim disability. Ask him or her and be sure he or she will do so. If you don't get a clear answer, get another doctor.
4. If you are out of work briefly, you might consider filing a claim immediately, and then returning to work. DO NOT casually give up your job! It might be the last you'll ever have. This is tricky, and I would get a lawyer involved as you start this process. I have a lot about this approach posted elsewhere on this site.
5. It can take a year to two years to get to a Social Security hearing.

Rosemarie Horn
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Posted on Friday, September 03, 2004 - 1:03 pm:

I am a 47 year old woman diagnosed with Crohn's disease in 1977. In 1986, I underwent an ileal resection, subtotal colectomy, ileo-sigmodostomy and resection of a gastrocolic fistula - in other words they removed 90% of my large colon, a foot and half of my small colon and did an anastomosis where they sewed the 6 inches left of my large colon to my small colon, and stapled the hole in my stomach from a fistula. Later that year, I showed Crohn's disease in the 6 inches of rectum I have left. In late 80's, I developed perianal disease with a perianal fistulae, a rectovaginal fistula, and fistula to the labium due to adhesions to the resection. I also had extensive disease in the distal ileum as well. After the surgery that same year, I developed and passed uric stones because of the lack of large intestines. In 1991, I had a seton placed to hold the rectovaginal fistula that surrounds the entire sphincter mechanism and caused numerous swellings that needed to be lance on a frequent basis. The second opening helped to alleviate the swellings, but gave little bowel control since there is an opening from the anus to the vagina - and with adhesions in the bowel, filling of the rectum spills out of the vagina. I also have an anal fissure and with the active Crohn's in the remaining 6 inches of colon, I have severe burning at the anus. The only remedy that helps are baths with Aveeno after each bowel movement which is anywhere from 15-30 times each day (normal for me) and are liquid since I do not have the storage or water removal that large intestines allow. I have been taking prednisone since I was diagnosed and at my best, need only 5 mg since my body no longer produces it. I am also taking 100 mg imuran to keep my antibodies quiet and not attack my tissues. I have tried a few infusions of Remicade in the late 90s, but with no success. I suffer from occasional kidney stones, shingles, genital herpes, bowel obstructions from adhesions, and arthritis as side effects of the disease.

My latest problem is the burning around my anus and active Crohn's disease in the 6 inches I left of my anus. I leak and the only way to alleviate the pain is by taking a bath after each bowel movement which occurs 10-15 times during the day and which is not possible doing my job. In frustration to my gastroenerologist, I went to Johns Hopkins in 2002 for a diagnosis. The doctors at Johns Hopkins were not optimistic that medical therapy will work to help my pain. In fact, they indicated that I am at risk for dysplasia and cancer of the remaining colon. They advocated an end-ileostomy (removal of the last part of my large colon) without a Harmann’s pouch (since the disease could attack an inside pouch). However, I am against the idea of an ostomy and am concerned about the risk of recurrent ileal Crohn’s disease. I know that research has indicated that Crohn's disease is not curable by surgery and in fact, seems to stay put in the location where it is active. When the diseased area is removed, there is a strong chance that the disease may relocate elsewhere. I used to have extreme abdominal pain in my large intestines before I had my abdominal surgery. After the surgery, my pain focused more to my anus and vaginal area, but not in the abdomen. The abdomen pain that I suffered in my early 20’s is something I do not want to ever experience again. So, I asked the doctors at Johns Hopkins if they could give my a 70% assurance that removal of the diseased colon would not move into my small intestine or another organ threatening my life. They could not. Until I receive that assurance and my life is not at risk, I will not have the ostomy.

All the while, I have been gainfully employed as a meeting planner at the same company for 24 years. I use most of my sick/annual leave each year, but never gone without pay. In my job, I must travel and sometimes work 12-hour days. I plan 2 large conventions of approx 12,000 to 20,000 per year across the US. I get paid a good salary because I have much experience in the meeting planning industry, am good at my job and am a hard worker (German ancestry). My major was political science, which I do not need to do my job. I have worked despite much pain and difficulties- sometimes going to the surgeon or hospital during or right after one of my meetings. My company has excellent health benefits with STD at 80% of my pay and LTD at 60% of my pay. My problem is since I look healthy, am not thin, and can walk, how can I qualify to obtain these benefits. As I get older, it is harder for me to do my busy, stressful job without the benefits that baths and rest can do for me.

Can you give me advise?

Paul McChesney (Admin)
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Posted on Saturday, January 01, 2005 - 8:34 am:

Rosemarie: You have more health problems than most people who get a disability award. Normally, I would say that someone who has to absent herself from work to defecate as much as you do would be disabled on that ground alone. But here you are, working.

I have these suggestions:

1. Keep working at a job that has benefits as long as you can do so without destroying your body or psyche.

2. Be sure that all doctors you are seeing will strongly support you if the time ever comes. Ask, and if you don't get a resounding "yes," get another doctor.

3. DO NOT quit a job with STD and LTD benefits for one without, under any circumstances. You MUST go directly from the job you have to STD. Otherwise there will probably be a long wait for Social Security disability. Even if you get fired for slugging the boss, immediately file a STD claim, and if you have any trouble with it, get a lawyer.

4. Start living on whatever you were perfectly able to live on 10 years ago, and save the rest.

Take care and good luck.

Kurt Beckelman
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Posted on Monday, July 26, 2004 - 1:20 am:

I am a 52 year old male with cardiomyopathy, along with hypertension of average 160/110. 30% left ventrical ejection enlargement. I am on high doses of high blood pressure meds, along with anxiety meds and anti-depressants. Had 1 mild stoke 6 years ago. Work at sit down job, but feel tired, exhausted and plus work odd split shifts at night. Went and saw atty who said as long as I work I do not have a case, but need to work to support family. Would I have a case for either early retirement or disability?

thank you
kurt

Paul McChesney (Admin)
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Posted on Sunday, September 05, 2004 - 8:21 am:

Kurt, I agree that if you are working full time you cannot draw benefits.
You can get in a very difficult spot, hanging on by your fingernails, afraid to let go, and with good reason.
There are some things that you can do right now that might make a drastic difference in your future.
Be sure that you have all of the short and long term disability benefits that you can buy.
If they don't offer them at your employer, try to get a job where they do. I know this might be impossible.
Try to save money and cut expenses. Be ruthless about it. Don't waste money keeping up appearances.
Be sure you have a doctor who is going to strongly support you if you have to stop. If not, don't quit until you are settled down with a good one.
If you ever miss even a little work, file, and then if possible go back to work. At this point you should sit down with an attorney again; this is a tricky spot. You hope that when you finally have to quit, your hearing will be close. Sometimes this doesn't work. Sometimes nothing works.
This is a partial list!

Lisa
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Posted on Monday, October 25, 2004 - 3:19 pm:

Hello, I am 44yrs. old. I have been a nurse for 12 yrs. Before that I worked secretary jobs, waited tables, construction work. I have chronic non-healing fractures to my right 2nd. and 3rd. fingers. I (and my doc) have been waiting for healing since beg. of aug.. The fx,s have not healed, as a result my joints are frozen. I have no med. ins. for surgery. I am hoping this is temporary. The doc says I have months of rehab. ahead. This affects most every aspect of my nursing as I can't grasp or apply pressure with my right hand. I am working part time, light duty. This is not paying my bills though. I have just started my research on ss disability. Thank you for any advise.

Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 5:55 am:

Lisa, let me ask some questions for you and try to answer them:

1. Should I keep working? Yes, as much as you can, as long as it doesn't damage your health.

2. Should I file a Social Security claim? I am not sure. If you are sure that you can get back to work full time in a year, I guess not. If you are not sure, maybe so. There is so much that you can do with an RN degree, I hope you can find a job that will tolerate your impairment. LPN is a little harder, since most LPN jobs involve physical exertion. Obviously try to pick up a job that carries medical insurance.

You are in a difficult spot. Please be sure to ask if you have any other questions.

John Mack (Unregistered Guest)
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Posted on Tuesday, June 28, 2005 - 11:57 am:

I was diagnosed with hepatitis c in 1995, but due to bad medical advice I did not seek treatment until 1999. I completed Rebetron treatment and relapsed 6 months later. Two liver biopsies have been graded as stage 4. I am in management and working now, but am finding it difficult. I work in public service at the state level and have 20 years toward retirement in the system. I am 49. Should I file and do I need to be out of work to have a chance.

Paul McChesney (Admin)
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Posted on Tuesday, July 05, 2005 - 10:43 am:

Well, Social Security is one thing you should consider, but be aware that these claims often take 2 years or more to come to a hearing.

At this point, while you are still working, I would suggest that you be sure that you have long term disability, you check on disability retirement, which some states offer, cut expenses ruthlessly, and save what money you can.

If you are ever out of work, even briefly, if you think you are going to have problems hanging on, file for Social Security disability. Go back to work if you can and try to keep the claim going.

Be sure that every single doctor you are seeing will back you 100%, and get copies of all their medical records and be sure they are saying helpful things.

Gather those medical records and all your benefit booklets and sit down and talk to a good Social Security lawyer now, before you lose your job.