Family Medical Leave Act
A federal law called the FMLA
(Family Medical Leave Act) is intended to help individuals facing medical crises
in their lives. Here is a link to it:
http://www.dol.gov/esa/whd/fmla/
It provides people up to 12 weeks per calendar
year of unpaid "absenteeism". It may be taken by the hour, day, week or month.
So, if you work from 9A - 3P each day, but think you can handle 10A-12:30P each
day, then you would count up the hours to equal the 12 weeks. If you think you
could handle working 1 day on and 1 day off, it would give you 24 weeks FOR THAT
CALENDAR YEAR. If you want to take 3 months all at once, and hope you can locate
a doctor who
will recommend a formal LOA, you could do that. It is a federal law, and it
cannot be denied to you.
Explain to your doctor what your exact disabilities are. I suggest, since your
doctor is not sympathetic toward the Guai Protocol, that you do not blame it on
Guai, but rather, the FMS directly. Explain whatever the symptoms are and why
they prevent you from working full or part time, etc.
It's traumatic enough trying to constantly adjust to FMS, but to lose one's job
because of illness is a completely separate "trauma" one must go through.
You can apply for emergency assistance (if your income is low enough) through welfare
dept, while you are waiting to get disability. This is often easier to get. You will also get some Medicaid and food stamps with this or you can apply for Medicaid separately.
I have noticed a bias, which makes it harder for people to get disability that have some financial assets or have a working spouse. They also think a mother should be able
to work because she may be helping to raise children! This does not mean it can't be done. It may just take more persistence and medical support. Sometimes for married applicants it can be better to go for disability
from the job first and then for SSDI.
The initial case is most important. This has to be put together with care! Don't
leave them any opportunity to refuse you! You choose what you want to go into an application. Be thorough, concise; don't leave them any loopholes for considering that you may be able to get along without help. Do not
work with doctors or refer to doctors who are not with you. If there is information not in your favor in the initial case they will dredge it up in court appeals and use it against you. Persistence and care are the keys.
This is a lot for a person in a disabled state to go through. Get help from everyone you can. It is helpful to have a friend who has been through the process before go over your application before you finalize it, to
make sure it is accurate, and that you are not saying things that may be used against you. Take your time with this and don't allow SSA to pressure you. Your future health and survival rides on this document. It is worth
doing it well! If your case is at all complicated because of non medical issues such as assets, or previous work quarters, etc. it is probably advisable to get a good disability lawyer to help with all aspects right from
the start. Usually you will not get a lawyer until after the second denial, but if you are having a lot of problems with SSA, sometimes a competent lawyer can clear these matters up quickly.
If You Are Turned Down/ Appealing The Decision:
Get a good lawyer that is sympathetic/experienced in disability and dealing with your illness. CFIDS organization has lawyer referrals, as may others, or check with your local bar assoc, and support
group networks.
There are also often some good lawyers available through your local legal aid, if your income is low. Lawyer fees do not have to be paid up front. Should you win your case, your
lawyer will receive 25% of retroactive claim from date of filing.
This attorney is highly respected,
well-known and successful when representing FMS / CFS clients for disability
issues, and his book is well-read.
Scott Davis
http//www.scottdavispc.com
scott.davis@azbar.org
602-482-4300
http//www.fmpartnership.org/ScottDavisBook.htm
Another attorney specializing in
disability issues
Steven Krafchick
www.krafchick.com
If you are denied, you can request your entire file from SSA. Your lawyer can try to rescind any
medical statements in file that you do not agree with.
Any new medical information or tests can be brought to appeal. I did hear of one person
that was having difficulty with appeals. He wrote to his local representative, who also happened to be on the committee for Social Security. His case went right through after that.
I think doctors and the disability board are easier to deal with than most judges. That is why it is better to take your time initially and avoid hassles later.
The current ruling on medical review is that everyone has to be reviewed every three to seven years, no matter what your condition. So once you get assistance, it is good to
see your doctors regularly and continue to keep records so you have resources for review should you need them.
Job related disability, worker's compensation, and medical insurance have not been covered here due to lack of personal experience with these areas.
Definition of 'Disability':
The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less than 12 months.
A person will be considered disabled: ..."only if his physical or mental impairment or combination of impairments are of such severity that he is not only unable to do his
previous work but cannot, considering his age, education and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the
immediate area in which he lives, or whether a specific job vacancy exists for him or whether he would be hired if he applied for work". 20 CFR 404.1505
Note: Substantial gainful activity (SGA) is defined as earning $700.00 per month. 20 CRF 404.1572 and 20 CRF 404.1574
Other Resources: Centers for Individuals with Disabilities: These are usually state funded, community based. If you qualify
you can get an advocate to come to your home for support, peer counselling, and assistance with filling out forms. Most will also provide personal aide programs.
This is also a good resource for finding out about other programs, and legal assistance.
You can also get good advice about welfare programs, housing etc. from the United Way organization.
New Tool Helps People Complete Disability Form
Are you or someone you know planning to file for disability benefits?
There's a new tool to help. When an adult applies for disability benefits, we complete a
Disability Report (SSA-3368). The form helps us obtain information about an applicant's condition, and is the key to obtaining medical records. Now you can get tips right over the Internet on how to best complete the
3368. Just click on any section of the form and you'll get a "plain language" explanation of what we're looking for, why we need the information, and how your answers help us decide if you can get
disability benefits. This new tool is your key to having the Disability Report completed before your appointment. http//www.ssa.gov/enews/enewsdib080701.htm
Support groups are essential to find doctors, other community based resources, and connect with others that have been
through the "system". The Fibromyalgia Network has free lists of support groups and doctors in every state.
Housing: For those with limited income, there is public housing for persons with disabilities. This can be a two
month wait or longer. The single person facilities can be sometimes somewhat undesirable.
Trying for Section 8 (Federal private housing subsidies) is getting harder but not impossible, as some would have you believe. Being disabled is in your favor here.
Any housing agency in your state has to allow you access to their list when it is open. Lists can be open anywhere from a few days to weeks. You can get the list of all state housing
agencies from your local housing authority.
You will have to call them to find out when their list is open. (Getting them to give out this information can take a little persuasion). When it is open, you can request that they
send you an application. They have to do this because of reasonable accommodation for disabled individuals. Getting Section 8 is a matter of getting on enough lists, until you find one that is relatively short and you
come up to the top. If you are presently paying more than 50% of your income for housing you can qualify for a priority and get to the top faster. This is a federal subsidy certificate that you can take anywhere in the
country. Certificates are preferable to vouchers if you can get them. It is based on income, not disability, so you do not have to reapply for it again. If you are able to start back to work again, this will allow you
the support of affordable housing while you are building your resources.
Home Care: State rehabilitation agencies may have home care depts. My state does. This is the only resource I know
for persons under 65 for getting assistance, which does not include personal care. This will offer weekly assistance with house cleaning, grocery shopping, laundry, and meal preparations. Check with your state
rehabilitation office.
Handicap Placard: Although you may be somewhat mobile, this is invaluable for grocery stores, shopping centers,
college campuses, etc. It allows me to go places that would be impossible otherwise and do errands on days when I would not consider it. You may have to appeal a decision and get your doctor to write a more detailed
letter. It is an effort again, but once you have it, it is worth it.
Medical Assistance: Once you have assistance, there may be things they won't pay for (treatments, PT, meds, glasses,
special care). If you feel you have a legitimate medical need, your doctor can send a prior approval request. If prior approval is denied, you have the right to request a fair hearing. Legally they have to give this to
you.
Food Stamps: Most people on disability can only get about $10. However, if you have medical bills, or pay your own
utilities you can often get a lot more.
Legal Aid: Most communities have free legal aid. This is only available to low income persons in certain circumstances.
They can help in housing matters, with getting disability, and other assistance. Check with Welfare Dept., state and county bar association.
If you are on any type of assistance, you can also apply for fuel assistance, and reduced rates from phone, electric and gas companies.
There are also a lot of opportunities for scholarships, counseling, rehabilitation, gym memberships (for therapy swimming) to support you along the way and be there at every step to
create a new life for yourself.
There are so many in each community that are going through disability application or have gone through it. They are valuable resources and advocates! Seek out support groups!
International: The information here applies solely to US assistance, although there may be similarities. Search the web
sites under disability assistance, advocacy, etc. in your country, and get local help.
The role of agencies seems often to keep people out rather than help them. Their treatment can often be humiliating. I prepare myself as much as possible before seeking their
services and have good support to turn to afterwards. They are there to help those in need, but many of them have become hardened and expect that most people are just out there to take advantage of them.
Some people look at applying for assistance as degrading. It is a practical tool for survival. It can give you the security and support you need to take care of your illness, and
help to provide the road to recovery.
The best help will be gained one to one with people in your community. Talk this over thoroughly with your doctor, disability advocate, and members of support group. Find someone to
help you when you fill out your application, or review it before submission.
Web Sites: Web address which lists someone who volunteers as a SSA benefits consultant that has offered his services via E-mail.
CFIDS Association of America
Social Security and Disability
Resources:
Massachusetts CFIDS Association Disability Information
Social Security Online
They have a site map which contains alphabetical links.
Disinissues Discussion list for disability issues
DisAbility Consultants
Good source for SSA information and links
SSA List Of Impairments
The Mining Company: Disability Information
Department of Justice ADA Mediation Program
Disability Resources
Associations for Chronic Illness and Disability American Association for Chronic Fatigue Syndrome 7 Van Buren Street Albany, NY 12206 (206) 521-1932
American CFIDS Association 4500 Summer Avenue Suite 149 Memphis, TN 38122 (901) 680-0466
American Chronic Pain Association P.O. Box 850 Rocklin, CA 95677 (916) 632-0922
American College of Rheumatology 60 Executive Parkway South, Suite 150 Atlanta, GA 30329 (404) 633-3777
American Fibromyalgia Association 6380 Tanque Verde Road, Suite D Tucson, AZ 85717 (520) 733-1570
American Foundation for Alternative Health Care 25 Landfield Avenue Monticello, NY 12701 (914) 794-8181
American Self-Help Clearinghouse/ New Jersey Self-Help Clearinghouse (Support groups and help lines) Covenant Medical Center 25 Pocono Road Nanvil, NJ 07834-2995 (201) 625-7101
Arthritis Foundation 1330 West Peachtree Street Atlanta, GA 30309 (800) 283-7800 Public Relations Department: (404) 872-7100 (or call your local chapter) www.arthritis.org
Chronic Fatigue and Immune Dysfunction Syndrome Association of America P.O. Box 220398 Charlotte, NC 28222 (800) 442-3437
Fibromyalgia Network P.O. Box 31750 Tucson, AZ 85751-1750 800-853-2929
National Chronic Fatigue Syndrome and Fibromyalgia Association P.O. Box 18426 Kansas City, MO 64136 (816) 313-2000
Special Needs Project: Disability Information Resources (Books, videos, and other materials) 3463 State Street # 282 Santa Barbara, CA 93105 (800) 333-6867 mailto:books@specialneeds.com
