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Charlotte Scott-Spann

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Posted on Sunday, March 11, 2001 - 12:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 45 year old female with chronic acute asthma. The last arterial blood gases done about a month apart showed 51 (I was placed on in home oxygen therapy) and the last one was 78 taken at rest and off the oxygen for approximately 1 hour. My peak flows are still in the red area under 250 on good days on bad days I'm lucky to to get to 200. I also suffer from depression. I have worked since I was 16 years old. My doctor has agreed to let me return to work for four hours a day on portable oxygen and see how well I can tolerate that. Already speaking with my supervisor, she is not thrilled with this. Do I have a claim for disability? If so, should I consult an attorney to file this for me or try it on my own first?
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Paul McChesney

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Posted on Sunday, March 11, 2001 - 4:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You certainly have enough of an impairment that you might be found disabled. For Social Security Disability you also must have worked enough, and for SSI you must have low enough income and resources.

I would talk to a lawyer right now, and then decide whether to file on my own or hire one. Maybe talk to a couple of lawyers.

If you want to give me your city and state I will be glad to try to suggest a couple of attorneys; or you can try the phone book in the nearest large city, or both.

I am sorry about your trouble, and wish you good luck.
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bill everett

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Posted on Tuesday, May 29, 2001 - 11:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hi i have copd and am just about to go before an admin. judge do you feel i stand a chance to get dis ben. ?
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Paul McChesney (Admin)

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Posted on Friday, June 01, 2001 - 5:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bill, It is impossible to say; it depends on your age, education, work experience, and the severity of your COPD. You need an attorney if you are going to a hearing.
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Mark Trick

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Posted on Sunday, June 03, 2001 - 2:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It has taken me nearly two weeks to create this letter, trying to leave out personal emotions. This letter is concerning problems with my health.
First, Iíll give you a little bit of personal history. From the age of twelve tell I was eighteen I went everywhere on my bicycle often eight to ten hours a day on the hilly dirt roads of West Virginia. This and my track and wrestling injuries while in high school, and the ďextremeĒ physical activities while working in construction in my late teens and early twenties have brought on my early problems with arthritis for the last several years. Smoking and Iím sure; exposure for a long time, to toxic fumes, industrial smoke, dusts, and other air pollutants in my work environment has damaged my lungs.
Now, I have the quality of life that can significantly deteriorate from pain and loss of mobility due to Osteoarthritis and Rheumatoid arthritis and Arteriosclerosis. At my age, Iím not dealing well to the effects of Arthritis and the other disease I will cover below. I have been using a cane due to knee joint inflammation and pain. I must, at times, forgo even relatively low-impact activities, like walking. I have Arteriosclerosis. Arteriosclerosis is a disease of the arteries in which fatty material is deposited in the vessel wall, resulting in narrowing and eventual impairment of blood flow. Fat, cholesterol, and other substances collect in the walls of arteries and interfere with the blood flow. Atherosclerosis shows no symptoms until a complication occurs. Atherosclerosis and Arthritis symptoms started in my early twenties in the form of a pain in my hand and feet. Now, I have Coronary Artery Disease due to Atherosclerosis. Usually I experience shortness of breath, fatigue, and pain in my hand and feet. My doctor said my lungs are garbage and there is nothing that can be done. The damage has already been done, and it canít be reversed. I have been lead to believe that I have Chronic Obstructive Lung Disease (emphysema). A stress test has indicated I have a breathing problem. I do have shortness of breath. My doctor told me to get regular exercise to increase my walking distance and to improve my breathing. I must stop smoking! He said walking is the best exercise for people with emphysema. Atherosclerosis and or Arthritis are causing numbness, pain and cramps in my hands, finger, feet, toes, and pain and cramps in my legs and pain in my knees; thereby, causing me much difficulty in many necessary activities, like regular exercise to improve breathing. Inflammation of my right knee joint and feet has been and is a real problem for me. I am on a low fat/low cholesterol diet and I am taking medications prescribed by my doctors. My health problems are significantly severe, limiting my physical ability to perform basic activities, such as: sitting, standing, walking, lifting, carrying, handling, climbing, stooping, crouching, etc. My reduced ability to understanding, remembering, using judgment, and dealing with changes is causing me additional personal problems. With a clear conscience I can no longer provide a good days work for a good days pay, even on a limited bases; therefore, I have filed for disability with the Canton, Ohio Social Security Administration office. I requested and obtained a handicap card to use in the car for when I must go out.
Your assistance and understanding in helping me in dealing with my situation will be accepted with thanks.

From Paul:

Mark, it is hard to help from down here, but I will suggest these things. You must do them all. 1. Be sure that all of your doctors are behind you in any claim you file. 2. Get an attorney who primarily handles these cases. It is too important to do on your own. 3. Stop smoking. You will be less miserable living in a box on the side of the road without cigarettes, than in a mansion with them, in light of the state of your lungs. That last comment goes for everybody.
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Benny OSheal

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Posted on Friday, May 17, 2002 - 10:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I took early retirement from work approximately four years ago. I was diagnosed with COPD at that time but was able to work. Since retirement my COPD has significantly gotten worse to the point I give out of breath doing any physical activity such as: climbing stairs, taking a shower, walking, etc.. Since retirement I have come to a point financially that I may have to return to work due to the downturn in the market. I would not be able to do anything productive. I am 59 years old. Would I qualify for disability benefits?
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Paul McChesney (Admin)

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Posted on Saturday, May 18, 2002 - 6:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Possibly. It depends on your age, education, and work experience as well as your physical impairments. For example, if you have good managerial skills, your inability to perform heavy, or even light labor is irrelevant, since some managerial jobs are purely sedentary.

Working is almost always better than Social Security, if you can do it. If you cannot work, I would sit down and talk to a lawyer who handles a lot of disability work as a first step. It would help to have your breathing test results with you when you go.

Take care and good luck.
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Robin Hendriex

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Posted on Friday, October 25, 2002 - 11:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 47 year old women who was diagnoised 7 years ago with emphesyma. I was placed on oxygen in March of 2001. I lost my job in July of 2001. I am currently waiting to go court for S.S. disabilty benenfits after having been denied twice.I have worked in resturants in some form or another all my life. It was my doctor who told me I could no longer continue in the resturant business. I have no other skills other than resturant work. My doctor says if I contiune to work I would need a set down job. I dont have any skills or experience in office work or the like. The denial letter that I recieved from S.S. states that although I do have some restrictions they feel I can return to the same line of work as Service Manager/waitress.Am I to be expected to go against what my doctor has told me. How am I to wait tables while toting oxygen. I doesnt make since that I have a Hanicapped license for parking that states I can't walk more than 200 feet without stopping to rest yet the government believes I can wait tables. I have started classes at a local college to start retraining in hopes that one day I will be able to return to the work force. What are my chances of being approved in court? Has the fact that I have started classes hurt my chances. And lastly what is the suicide rate for people who are waiting to be approved for disablity? I would bet it is high. I have worked all my life and when I need help I am treated like a liar. If I could work in a resturant I would glady to it. I would not be robbing Peter to pay Paul and borrowing from loved ones and friends just to make ends meet. Why doesnt the government treat us with a little dignity.
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Les Stewart

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Posted on Wednesday, October 30, 2002 - 12:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Robin, You ask some very good questions. especially about the suicide rate among people trying to get SSD. I have worked my ass off since I was in high school trying to get ahead and have something to retire on and leave to my daughter. I have had two back surgeries and have chronic pain every day. Like you I can do a lot of things but not for long or every day. When I do something I pay for it later by not being able to do anything. SSA acts like I might be trying to cheat them out of their money not trying to get back the money that I paid over the years so I would have it when and if I needed it. I have used all my savings and borrowed more than I will ever be able to pay back just to live while fighting with SSA.
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Paul McChesney (Admin)

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Posted on Monday, December 02, 2002 - 5:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Robin, you certainly need to talk to an attorney in your home town. Anyone who is on oxygen has a serious breathing problem; but unfortunately if your doctor says that you can do sit down work, and if you are under 50, you might have some trouble unless you prove additional limitations. I bet you do; but you must develop them carefully. It is not enough to prove you cannot do your old job.

Some judges have told me that someone who can go to school can work, but I personally know that is not so. Schools almost always accommodate people far more than employers can; and I can often get statements from your teachers that show special accommodations that would not be allowed in a working environment; this can actually strengthen the case. But attending school makes your case a tricky one.

It is impossible for me to estimate your chances without spreading all of your medical records out in front of me.

I do not have any statistics on the suicide rate. But I know that my client's suffer greatly because of the time it takes. Do not despair; that is what they hope. Talk to an attorney about your case, and to a counselor about your depression, if you are suffering from it. Local Mental Health is usually free to the impoverished. Take care and good luck.
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Sadie Mae Pickett

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Posted on Tuesday, December 30, 2003 - 8:20 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi my name is Mae. I am 47 years old. I have an appeal coming up next week, I have severe Asthma, my sense of smell have been gone for a year now. I have to been on a breathing machine four time a day. I am in home health. I have been fired off two jobs because of my illness. I get so weak and tired all the time. I have to sleep on two pillow with my head up at all time. I have develope high blood pressure since I been sick. Last year I had twelve Asthma attacks in two months and had to go to ER for breathing treatment. I live in fear that this is going to kill me. I have worked for nine years only in the health field. I cough uncontrollable all day long. I am on eight kinds of medicine. I urine on my self and I don't go out anywhere. Do you think I have a chance to win my appeal this month.
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Paul McChesney (Admin)

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Posted on Tuesday, March 02, 2004 - 5:35 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sadie: You well might have a chance to win your claim in the long run. Asthma can be disabling if you take all the medicine you are supposed to, and you still have uncontrolled spells that require emergency treatment. But be aware that it is wise to document these spells by having a doctor observe and record them.
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michelle lester
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Posted on Wednesday, November 03, 2004 - 9:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hello i was just wondering my son as asthma really bad some times he cant even go outside and play he has to have breathing treatment all the time she is on med everyday i was wondering if he could get some help with ssi are social security would u let me no thank u
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 5:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If your income and resources are low enough for him to be eligible, and if the condition disrupts his life enough, you might be able to show he is eligible for SSI.

The critical question for asthma is the frequency of the spells severe enough to require doctor intervention, and the frequency of spells that interrupt his normal activities.
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Misty Alley
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Posted on Sunday, January 02, 2005 - 6:10 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi. I was wanting to know if i should try to fil for disablilty. I have copd and chroi<a href="http://websearch01.mcclient.com/search.php?s=nc+disability+social+sercurity&rnd= fi8xni">Nc</a> asthma. I can't hardly walk around the house without getting out of breath. I take around 8 breathing treatments a day. I can't work because i go into asthma attack after asthma attack. I feel like i am trapped in my body. I have no income becasue i just can not work. I am only 27..so i heard it would be hard to get approved. I am also depressed. Do you think I should file.
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Paul McChesney (Admin)
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Posted on Sunday, January 30, 2005 - 5:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Yes you have a good chance at a disability claim. 8 treatments is a lot. You are young, and that does make it a little harder; you will have to prove your claim.

If you cannot work, or miss a lot, you should seriously consider filing.
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Anonymous
 

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Posted on Wednesday, March 09, 2005 - 9:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi I am a 50 year old female who had breat cancer, has type II diabetes with sensory neuropathy, retinopathy and now have been dx with asthma. I had been exercising to help bring the sugar under control but with the asthma I can't do as much. They keep increasing my insulin but so far no help. The neuropathy is very painful in my feet and now in my finger and my job is dataentry so this makes it difficult. The retinopathy makes it hard to use the computer which I work with everyday because I have blurred vision also due to the sugars being elevated. Now with the asthma I cough consistantly sometimes until I pass out. And I can only walk short distances because I am so short of breath. I don't sleep at night because of the pain in my feet and I was wondering about disability?
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 8:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you can back all that up you sound disabled to me. If you cannot walk much, type, or write, see reliably, and if you pass out on a fairly frequent basis, there is not much you can do. I think you have a good shot at it.

It is not clear to me whether you are now working. If so, please see my suggestions here: First Steps As I Begin to Have Problems Working. Take care.
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Peggy D. (Unregistered Guest)
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Posted on Wednesday, March 09, 2005 - 6:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I am 54 years old with severe asthma and on 9 medications.I had my disability hearing yesterday, after being turned down twice. The judge said, In Nov. 2004 my breathing test was 1.34. I have been off work over two years and trying to get disability with my back pay. The judge says I need to come up with lower breathing test #'s to qualify me. I had two test the year before that were 1.60 and 1.61. In your opinion do I qualify?
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Peggy D. (Unregistered Guest)
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Posted on Wednesday, March 09, 2005 - 6:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

con't.. I failed to tell you that I am on oxygen 24hours a day. I take approximately 6-8 breathing treatments a day, and use my rescue inhaler about 3-6 times daily. I have degenerative arthritis, with bone on bone in my right knee. My orthopedic Dr. says I need a knee replacement, but no Dr. wants to do it with my lung problems. I am a coumadin patient because of repeated phylbitis and also DVT in 2003. At my hearing my representative did not talk with the judge about any of my other ailments...only the asthma and lung problem. Maybe he thought I would get my disability on the lung issue. I feel that my hearing was not complete. I really don't want to appeal again. I am also suffering depression. I have fibromyalgia as well. Can you please give me any advice that will help my case. I live in Texas and the laws my vary from your state. Please help! Thanks! Peggy
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 8:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Peggy: Your representative is in a much better position than I am to say whether you won your case or not. Those breathing test numbers are not enough by themselves, but you have a lot of other problems. If you are disabled, you should appeal if denied in most cases.
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marilyn malley (Unregistered Guest)
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Posted on Tuesday, March 15, 2005 - 3:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have had asthma since birth with chronic asthma. I also suffer from depression and have anxiety attacks to the point I'm no longer able to drive. Recently I have been diagnosed with copd. I have never smoked. I'm on combivent and advair inhalers and singular and I'm still having a hard time breathing. I cannot no longer take breathing treatments because they raise my heart rate up to high and takes the doctors a long time to get my heart rate to go down usually a couple days in the hospital. I have filed with social security and they are sending me to different doctors. I can't work at all any more. We have no income at all, my husband had a double bypass and after three years the doctors still say he can't go back to work and has been turned down by social security many times. what is a family suppose to do? what do you think my chances on getting disability?
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 7:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

The long delay is a horrible problem for many. There is a page on my site where I suggest everything I can think of to help get through that time, but my ideas are limited, and there will probably be an irreducible period of misery. But you can get through it, and you must take aggressive steps protect your family as best you can in the mean time.

How long it takes and how to speed it up:
http://www.carolina-disability.com/discus/messages/654/654.html

Should I despair?
http://www.carolina-disability.com/discus/messages/619/619.html

Be sure you are going to a helpful doctor and hire a lawyer, particularly for your husband. This is my rationale why you should do this:
http://www.carolina-disability.com/discus/messages/632/632.html

There is more on the website that will be helpful; look around. If you live in the Carolinas give me a call. Take care. Don't despair; it will be rough, but if you do the right things in a while things will get better.
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fhmills (Unregistered Guest)
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Posted on Friday, June 10, 2005 - 2:11 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I write on behalf of my 54 y.o husband who was recently diagnosed with COPD. He is a disabled Vietnam vet receiving meager benefits from the govt. He also has type I diabetes (requiring insuling), hypertension, retinopathy, neuropathy and hep C. Would he qualify for disability?
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Paul McChesney (Admin)
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Posted on Tuesday, July 05, 2005 - 10:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ms. Mills: Possibly. He should gather his medicals and show them to a lawyer if he wants a definite answer. Take care.
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Anonymous
 

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Posted on Wednesday, June 29, 2005 - 7:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Im asking this mainly because Im nervous and probably just need some support but here it goes anyway.

I have many problems which I will list here starting with my physical problems.

Torn rotator cuff
Torn cartlige in knee
Degenerative spine disease
degenerative joint disease (ankle)

Asthma
Severe sleep apnea

Because of these conditions and my weight (400lbs) my pulmanologist will not let me be operated on at this time.

I also had a phychological evaluation done that showed the following
1.Bipolar 2
2.Generalized Anxiety Disorder
3.Obsesive Compulsive disorder
4.ADHD
5. Personality disorder with avoidant and obsessive and compulsive traits.

I go up for a hearing next month or in Sept at the latest I was told....do my chances sound good?..Im 33..almost 34
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Paul McChesney (Admin)
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Posted on Tuesday, July 05, 2005 - 10:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You have a lot of diagnoses that together well might add up to disability. But I cannot begin to answer your question because of what your question leaves out, which is what limitations you have as a result of each condition; whether your doctors agree; whether they have put their agreement in writing; whether there are any other doctors who disagree; and who your judge is. If you don't have a lawyer, get one and get your limitations proved. Take care and good luck.
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PAM CHIPLEY (Unregistered Guest)
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Posted on Tuesday, September 13, 2005 - 9:18 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I AM A 45 YEAR OLD WOMAN AND I AM A CUSTODIAN AT A LOCAL HIGH SCHOOL. AND IN DANGER OF LOSING MY JOB THAT I LOVE. BUT I HAVE WENT FROM 2 JOBS TO 1 JOB AND NOW JUST PART TIME. I HAVE BEEN DIAGNOSED RECENTLY AFTER NUMEROUS STAYS IN THE HOSPITAL WITH LUPUS, SHOGRENS SYNDROME, COPD, GERD, HIATUS HERNIA, RUPTURED DISC, BONE SPURS ON THE THE NERVE OF MY TAILBONE. I HAVE BEEN TRYING TO WORK BUT AS OF RIGHT NOW I HAVE BEEN OFF WORK FOR 3 WEEKS. WHAT I HAVE A GREAT DOCTOR AND HE AGREES WE SHOULD APPLY FOR DISABILITY BUT I AM SCARED. WHAT DO YOU THINK I SHOULD DO
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Paul McChesney (Admin)
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Posted on Sunday, September 25, 2005 - 3:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Certainly you should file. But the remaining questions, "Should I then go back to work and keep the claim going?" and "What are my chances?" I cannot answer. I would need to study the medical record. If you need them answered, gather your records and sit down and talk to a lawyer who does a lot of this sort of work.

Take care.
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Paul McChesney (Admin)
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Posted on Sunday, September 25, 2005 - 3:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Certainly you should file. But the remaining questions, "Should I then go back to work and keep the claim going?" and "What are my chances?" I cannot answer. I would need to study the medical record. If you need them answered, gather your records and sit down and talk to a lawyer who does a lot of this sort of work.

Take care.
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Anonymous
 

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Posted on Wednesday, December 07, 2005 - 9:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi I am 45 yr women with COPD on Oxgyen at home level 4 on machine. Not able to get out of bed due painful joints and muscles, have to use a walker and shower chair. Not able to stand or walk for very long. Heart rate very fast muscle so very weak. Chronic headaches,thyroid disorder,acid reflex disorder. I have been out of work for little over 2years. I have an hearing this month, how do you think my case will go?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:49 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous, if you have all those problems I am sure it went well.
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Anonymous (Unregistered Guest)
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Posted on Sunday, February 19, 2006 - 3:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my daugter is 6 yrs old she has to have breathing treatments often shes required to have the flu shot every year an has to be seen for regualar check ups shes was on cingular a everyday medicine it just dosent agree with her so were trying a different medicine for her this is all year around for her should i apply
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:47 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous: Not sure. Say 6 emergency treatment despite best treatment might be enough for asthma, but you would have to show your medicals to a lawyer to have a good idea about it.
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Cathy L. Nixon (Unregistered Guest)
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Posted on Thursday, March 02, 2006 - 11:42 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Dear Mr. McChesney,
I am 56 years old and have been diagnosied with Multiple Sclerosis (Remmiting/Remisson) and have Emphysema ( I smoked for 30 yrs) and have quite for 2 years now. I cough so hard that I pass out and have incontinent, I see my Neurlogist every 6 months to have MRI's to monitor the leision on my brain. I work at a very stressful job I have to work because my husband is self-employed and I have to carry the health insurance, but I have a very hard time getting through the day and I have no engery and have a constant headache (migraines) I have to take antidepressants and it is getting worse due to my job, do you think I have a chance of getting SSD.
Best Regards,
Cathy Nixon
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Cathy, you are in a tough spot. You have serious problems, and if your doctors back you up and you get a good lawyer you might be able to prove disability in the long run.

If you have long term disability insurance you might be able to get those benefits to survive on immediately. And sometimes that comes with continuation of medical insurance.

If you don't have long term disability, it could be a long wait - sometimes 2 1/2 years - to a hearing. So, before letting go, if you don't have long term disability insurance, you need to have an excelent reserve of some sort. Take care.
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lori allen (Unregistered Guest)
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Posted on Monday, March 13, 2006 - 9:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i am a thirty-five yr. old female. i have immotile cilia syndrome and copd. i get sick very easily and have had pneumonia atleast 6 times already in my life. i have more problems breathing every year my current peak flow is 240 to 350 everyday. does this warrant applying for and recieving disability?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 8:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Tough to say. I am not a doc, and perhaps I should know what that peak flow means, but I don't.

The conditions you describe can be disabling, but you must have them at a disabling level, and prove it. 6 emergency treatments for asthma a year might do it.

Get all your medical records and take them to a lawyer and he or she will be able to give you a more definite answer.
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JENNIFER (Unregistered Guest)
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Posted on Saturday, May 06, 2006 - 10:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I AM ONLY 27 BUT I SUFFER FROM MIGRAINES - THE ONLY WAY I FIND TO BE ABLE TO GO ABOUT DAILY WORK AND FAMILY IS BEING ON LORTABS - BUT I WAS CURIOUS IF I CAN QUALIFY FOR DISABILITY OF SOME SORT FOR MY MIGRAINES AND TO MAKE UP FOR THE WORK I MISS BECAUSE OF THEM?? THANK YOU FOR ANY INFO
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Continued
********Side notes*********
*Yes my husband smokes
∑ He only has a high school diploma. So finding another job that is willing to work with him will be impossible. He is trained in a very specialized field and there is not another plant in this state that runs that same operation. Plus, his health is rapidly detearating and he was told that there is no help or cure.
∑ Heís 47 years old
∑ He is salary exempt
∑ The company does do chest x-ray every year, and it is noted in medical, about the decrease in his health since the exposure in 1988.
∑ He was told he could not file workmanís comp because he smokes. Even though the x-rays and the doctor said that the scaring and damage is in a different part of his lungs than regular smokers emphysema.


What should we do here? Is he eligible for disability?
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We donít know what to do. It is true that my husband canít do his job. Because he is sick a lot. Plus his job demands walking all over the plant most of the day and he canít walk a few feet without stopping and gasping for air. As is, it takes him approximately 15 mins or more from the parking lot to the front door because of stopping for air. Plus his office is on the backside of the plant.
My husband told me to check on disability, because he is fixin to be fired. There is no way he canít be sick for 6 months, let alone a week. Even if I drive him to work and pick him up (4 hour round trip both trips for me) The plant doctor will not release him to the floor because of safety issues. So he will be fired
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:13 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Excuss the above, they are out of order
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I sure could use some ideas on what to do with this mess.

My husband works at a large plant in Columbia.
1988
My husband was exposed to Hydrofluoric acid in vapor form.
The concentration was above 50% in the tanks.
To view the MSDS
http://ehs.unc.edu/pdf/HydrofluoricAcid.pdf

NCR was not notified. OSHA was not notified.
There were no medical reports or incident reports written. Approximately 2 workdays later he became ill and started coughing up blood and was out of work for 5 working days. My husband went to see a doctor and was diagnosed with bronchitis. He didnít mention the exposure to the doctor because he was unaware of the correlation between the two.
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

1998
My husband was still having chronic problems with bronchitis and the plant doctor sent him to a Pulmonary specialist. After reviewing his x-rays and CT scans he diagnosed my husband with Spherious Emphysema.
He said what caught his attention that something must have had happened for him to have this condition was the fact that it was in the upper quadrant of his lungs and bronical tubes. Emphysema does not start out there. He asked what chemicals my husband works around and he listed them off. None of them could have caused this condition until my husband listed off Hydrofluoric acid. My husband told him what happened and he said indeed it was his opinion that the exposure caused this condition.
2004
My husband attendance started slipping due to being sick with his Emphysema and chronic bronchitis.
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:17 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

2005
My husband was written up for the first time in his 20 years career for taking too many sick days.
2006
This year my husband has missed a lot of time already because of Emphysema and chronic bronchitis. This week he received a new boss and was immediately written up. They had a meeting with HR yesterday. My husband tried to explain to him about the 1988 incident and his medical, but he told my husband he did not care and didnít want to hear it. The supervisor told my husband the he was flat out ďMADĒ at him. He gave my husband a written discipline that will make your jaw drop.
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:18 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It says:
∑My husband has lost the privilege to have sick days.
∑My husband has to give 48-hour notice for vacation days.(My husband has been using his vacation days for being sick)
∑There will be no more comp time. (When my husband had paper work which he could sit down and rest and do, he would build comp time, then use the comp time when he was too sick to work
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

∑Flex time is suspended indefinitely. (That makes it harder for my husband because some morning he is coughing, winded, light headed, and it is too dangerous for him to drive an hour to work. So he will call his employees, puts back up in place and run his department from home until feels he can drive to work.)
∑My husband is expected to be at work 7:30 am and cannot leave before 4pm. It also says he is expected to work ďwell in excess of thisĒ every week.
∑ďYour employment is currently in jeopardy. If there is no improvement in your attendance, progressive discipline up to and including termination will result.
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:20 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We donít know what to do. It is true that my husband canít do his job. Because he is sick a lot. Plus his job demands walking all over the plant most of the day and he canít walk a few feet without stopping and gasping for air. As is, it takes him approximately 15 mins or more from the parking lot to the front door because of stopping for air. Plus his office is on the backside of the plant.
My husband told me to check on disability, because he is fixin to be fired. There is no way he canít be sick for 6 months, let alone a week. Even if I drive him to work and pick him up (4 hour round trip both trips for me) The plant doctor will not release him to the floor because of safety issues. So he will be fired
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Michelle (Unregistered Guest)
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Posted on Wednesday, June 07, 2006 - 9:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

********Side notes*********
*Yes my husband smokes
∑ He only has a high school diploma. So finding another job that is willing to work with him will be impossible. He is trained in a very specialized field and there is not another plant in this state that runs that same operation. Plus, his health is rapidly detearating and he was told that there is no help or cure.
∑ Heís 47 years old
∑ He is salary exempt
∑ The company does do chest x-ray every year, and it is noted in medical, about the decrease in his health since the exposure in 1988.
∑ He was told he could not file workmanís comp because he smokes. Even though the x-rays and the doctor said that the scaring and damage is in a different part of his lungs than regular smokers emphysema.
What should we do here? Is he eligible for disability?

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

If the subject of disability is important to you, or if you want to find out more about us, you should explore the rest of this site. To do so, go to our homepage, Carolina-disability.com.

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