Limitations, but not enough limitations to be disabled.

[Mollyabigail]

Does anyone know how to convince your state government you truly are struggling to work? I am not faking illness. I'm faking being well! Guess I am faking it too well, because they denied my disability application last week, after I waited 11 months for this decision. The reply letter says while I do have limitations, I do not have 'enough' limitations to qualify for disability benefits. My attorney says we have to appeal, but an appeal could take another 6-8 months. Bummer! My employer is already advertising for my replacement, because I made the mistake of assuming I would be approved by the end of summer, and I told them as such. Eek!

[EzriDax]

I had the same situation with trying to get a reasonable accomodation with the Federal Government. I finally had to file a formal EEO complaint to get action, I hated to do it but it worked.

[SandraKOE in reply to EzriDax]

Sorry but what is an EEO complaint? I’m in the process of my SSDI claim.

[Mollyabigail in reply to SandraKOE]

Equal Employment Opportunity. Best wishes with your claim!!

[Helpmeup]

I know exactly how you feel! I went through a nightmare of 5 appeals over 5 years to finally get my SSDI. And that was with a disability lawyer. The judge that heard my case actually argued that if I was able to still work 15 hours a week, that I could work more if I only applied myself! He was convinced that I was faking it, even asking to see my cane. He wanted to see if I just bought it for my hearing, or if the rubber bottom was actually used! The judge threw me out of court and by my fifth appeal, my lawyer filed with the federal SSDI office in Washington and won my case. Hang in there and best of luck to you.

[Mollyabigail in reply to Helpmeup]

Thank you, Helpmeup. Five appeals. Lord, have mercy.

[NorasMom]

Good luck. It's very important to have your doctors' support on this, with recent written records from them of your deterioration. I think what helped my case was that I'd been using FMLA for 6 months after already reducing my hours as much as I could.

If you can qualify for FMLA and survive on the reduced hours, I'd add that into the mix. You always want to show the government what you're like on your worst days, not what you can do on the best. You don't want to lie, but this isn't the time to put on a brave front.

[Mollyabigail in reply to NorasMom]

Thank you, NorasMom. I had not thought of FMLA. I will look into that.

[Missus835]

So sorry. Going through similar with my employer. We don't need the added stress. Take care my friend. I hope it goes well for you.

[Mollyabigail in reply to Missus835]

Thank you, Missus835. I'm just trusting God for it.

[palomino27]

Gotta make sure it's a picture of your worst day and don't sugarcoat anything!

[Mollyabigail in reply to palomino27]

Thank you, palomini 27. I do tend to gloss over my symptoms. No one wants to hear that! 🙂

[hairbrain4 in reply to Mollyabigail]

palomino27 is correct on this. My neuro helped me get my disability. When they filled out the paperwork it sounded as if I was an invalid but I was approved on the first try. A couple of years ago my husband need to stop working due to heart problems & a large mass on his pancreas & he was denied & had to go to court. Don't give up. Don't leave anything out... even if it's a hangnail cuz you tripped & fell. Prayers you get approved soon.

[Mollyabigail in reply to hairbrain4]

Thank you, hairbrain. I did trip and fall here at work well over a year ago. Broke my ankle. The prayers are greatly appreciated.

[152114randal]

Ask your congressman to assist you.

[Mollyabigail in reply to 152114randal]

Thank you, 152114randal. I had not thought of that!

[tompumo]

It took me over 2 years, and an appeal, and a good lawyer, to get disability. The government wants you to go away. So, the process is cumbersome, and you eventually get frustrated and give up. More than 80% of all applicants don't make it to the end - this is an intentional design of the system. This is what they budget for.

So, you must have the strength and $, to hold out for 2 or more years.

[Mollyabigail in reply to tompumo]

Thank you, tompumo. Our system is broken if 80% of applicants do not make it. Wow, 2 years.

[tompumo in reply to Mollyabigail]

Your comment is well taken. But, nothing is broken. They want you to get frustrated and go away. If more than 80% start getting through on the first try, they'll make it a little harder to get through. What a country - AAAAHHHHHH!!!

[EzriDax]

EEO - equal employment opportunity. It deals with issues re: discrimination of protected classes (sex, age, national origin, disability, etc.). The feds have a program for filing complaints. I don't know what state you are referring to, but I would think they also have a procedure. It is a huge black mark on the director's reputation if complaints are filed and they lose. It can also be very costly for the organization. Your HR department should be able to give you information. If not, check out the state employee web site re: discrimination. They may have some info. They may also have an EEO specialist. don't just research your options with the people at your work site. Go to the state employment web site (Ie: go over their heads. Again, I can't say for sure for a state issue but registering a complaint with a senator or congressman can be very effective for federal issues.

I have a considerable amount of experience dealing with government policies, procedures and red tape. I have been very successful at getting what I need within the regs. I don't want to pry but I may be able to help (although I'm sure you attorney can do the same). Do you mind telling me how your disibility impacts your work and what state is involvee?

[Mollyabigail in reply to EzriDax]

Thank you, EzriDax. I work for a small-ish church in north Mississippi. I am a one-person office, and it's a push to get thru a work day. I run errands all over town, (without compensation for 16 years now!); climb ramps & stairs; unload kitchen supplies, cleaning supplies, worship supplies, office supplies, you name it; answer a doorbell (hurry, before they get mad and drive away, because no one answered the door! That happened yesterday). I publish newsletters and take them to the post office, accounts payable, payroll, accounts receivable, worship bulletins and more. Once I get home about 6 pm, I am toast. My 62-year old, diseased body says, "Sister, we are not doing this much longer!"

[Wtfisup]

I filed by myself originally and was denied. Hired attorney who specialized in ms diagnosis. He sent me to a psychiatrist to evaluate how I was coping. He appealed my claim and we won. I was given retroactive payments from initial filing. It also included my 2 minor children. It appears I was very fortunate to receive what was due. I believe psychiatrist was the key. Hope today is a good day and praying for you!

[Mollyabigail in reply to Wtfisup]

Thank you, Wtfisup. I am glad it worked out for you!

[agate]

I went through a very bad time years ago with a similar situation. I'd been approved for SSDI on the basis of MS but two years later, exactly when Medicare would finally have kicked in for me, Social Security declared a review and my claim was suddenly denied. No more benefits for 5 years while I took the case through two administrative law judges, and in the end I won but to this day I'm not sure what settled the case. One day I received a large check from Social Security that amounted to all of the retroactive benefits. No explanation came with the check, and there never was one. Even the lawyer didn't know about the arrival of the check or about the settlement. I paid him his percentage out of it. It was a lawyer who specialized in Social Security claims, working on a contingency basis.

At some point in that process I heard that there had been a change in the way Social Security treated MS cases. The National MS Society was advocating for them to give more consideration to fatigability.

We often can do things pretty well--for a little while. But then, maybe only seconds later, maybe even a couple of hours later, symptoms start up. Our vision/bladder/balance/coordination (etc., etc.) start to fail and soon we're moderately useless, maybe for quite a long time.

It sounds to me as if you have a fatigability problem too, and you might want to look into that as you pursue your appeal with the lawyer. I can really sympathize with your situation, and hope you'll get the matter settled long before that 6-8 months your lawyer mentioned.

Time passes and you don't get to live much of a life while all of the legal wrangling goes on--and that is pretty sad because MS is already taking away quite a lot of your ability to live a normal life.

But my impression is that there haven't been quite as many of these horror stories about long waits for Social Security in recent years. I hope for your sake that things have improved.