Dara~~failed work attempt

Discussion in 'Fibromyalgia Main Forum' started by kadywill, Jul 3, 2003.

  1. kadywill

    kadywill New Member

    Dear Dara,
    Would you, please, give me some more info on this? This COULD be the answer for me in the future. Thank you so much!
    Love,
    Kady
  2. Dara

    Dara New Member

    tell you how I found out about the failed work attempt. When I got sick I took a leave of absence, I did not want to quit because I was hoping that by being off work for awhile I would be able to take care of myself, get some rest, and hopefully feel good enough to go back to work. Well, I didn't get better, in fact I gradually started getting worse. So, I filed for SSD and hired an attorney. I was suppose to return back to work one year later and as that time approached I was telling my Lawyer that I didn't know what to do, I felt that if I did try and go back to work I would probably end up losing my job because I had so many absences due to FM. This is when he told me that if I did go back and if it worked and I could keep working that would be great, But, if I couldn't continue working and had to stop work, then that would actually go in my favor regarding my filing for SSD because they would consider that a failed work attempt. In other words,it would show that I really did want to work. They would know that even though I was sick I still tried to remain in the work force. If a person did this, then when you file and most likely end up going in for a hearing then you or your attorney could point out that you had been off work, reduced your hours, etc., and then tried to go back to work, but you just couldn't do it.

    I don't know if any of this helps. I think you can probably find information on this on the social security website under disability. It seems to me I had a pamphlet that discussed failed work attempts.

    Also, I remember that under google there is a website for disability issues. It's a message board for people who are filing for disability and gives lots of information.

    I don't remember if you said you had an attorney or not. But, you might want to e-mail or talk to Scott Davis or Alec Sohmer and ask them about this. I talked to both of these attorney's on the phone and they were very helpful with some of the advice they gave me.

    Let me know how you do...

    Dara
  3. teach6

    teach6 New Member

    I was told the same thing when I filed for SSDI. The woman I spoke with at the SS office told me that they would probably treat my attempt to return to work part-time as a failed work attempt and it should work in my favor. I had been afraid about it hurting my chances.

    I do hope you are able to find a way to stop working. I am quite concerned about you and the possible permanent harm you are doing to your body by doing this.

    Barbara
  4. kadywill

    kadywill New Member

    I'm printing this to use. I will remind you that when I first went on medical LOA/FMLA, I wrote Scott Davis, who said I had a good case and to contact him when I received a denial. My husband did not want me using an attorney that I found on the internet and insisted I use a local one, instead. I called a guy in this town I live in and he, too, said to call when I was denied. I was only recently denied and I HAD to return to work so that we could pay the mortgage and buy something to eat. I mean this literally....we'd used ALL our savings and had borrowed from our 401k, (which, BTW, I'm now having taken out of my measley paycheck, since it was a LOAN I'd taken against the 401k!!!!) So, I haven't called the local attorney yet, but I plan to next week, just to ask some questions about all of this.
    So, thank you for this informaion. I hope it'll be useful.
    BTW, I am only working on an "as needed" basis, just to make enough money to eat and paya bill or two. I get NO benefits now at work, none, no STD or LTD or insurance or sick days, etc. SO, if I get sick NOW, I don't even get short-term disability!!!!! Doomed, I am!
    Love ya'll,
    Kady