DISABILITY QUESTION

Discussion in 'Fibromyalgia Main Forum' started by meditationlotus, Mar 20, 2007.

  1. meditationlotus

    meditationlotus New Member

    Has anyone won disability while working part-time?

    One person said that they did. They were over 50, and worked 9 hours per week.

    I am 53. I work 0-3 days per week substitute teaching in schools that have the easiest students. I can't work two days in a row. Sometimes I can't work for an entire week.

    But, financially, right now I just can't do without working altogether.

    What to do?
    [This Message was Edited on 03/23/2007]
  2. meditationlotus

    meditationlotus New Member

  3. obrnlc

    obrnlc New Member

    hi med.
    if you get to a hearing, or even in office review, there is a 5 step process for approval, and step one is:
    "can you work?"
    this is also the very first question asked in the hearing, when did you last work, etc.
    You do have the age in your favor, but usually they will say if you can work up to 3 days in a week, as a sub., you can work if you had a full time job.
    Now, no one cares whether or not you can actually GET a FT job, but this is their reasoning.
    If you were already on ssdi and tried a few days on the 'ticket to work" program, you might get to work then, but since you are a sub., it could be tricky.
    Better if you were full time and shown that you couldn't make it 5 days/week.
    Do you have supportive docs that know how bad off you are physically after working one day, that you need to take the next one off? This would help.
    hope someone else thinks differently than i for your sake, it is a tough position to be in.
    Good Luck--L
  4. meditationlotus

    meditationlotus New Member

    who knows how much trouble I have when I work or overextend myself. He would be on my side.

    I don't work 3 days per week always. More often it is two. Some weeks not at all.

    I started getting sick while working a fulltime office. I knew I had about a month before they laid us off. I hung in there. They laid us off. I continued to feel worse. Then we had 9/11 which seemed to make me even worse.

    I drew unemployment hoping that in that six months time I would get better. No improvement. So I tried to sub when unemployment ran out. Could only do it a couple days a week (sometimes not at all), and I was suffering with brain fog, Neurally mediated hypotention, Chronicfatigue, Post-Exertional Malaise, etc.

    I was in denial for a long time that I had CFS. I was determined to find the answer, which my doctor told me was CFS. Still I refused to believe it, and thought it had to be something else. (I didn't know that CFS could make people feel this bad.)

    I've never been able to do without working altogether because I've needed money for supplements and to help pay bills, and doctor's appointments.

    So, I don't know if they could say that I can work 3 days a week. That is not consistent for me. Some weeks, I don't work at all.

    I have delayed applying for SSI because I have heard they hold it against you if you work. But I have been disabled for many years now, since 2001, so I know that I have to go through with it.

    Thanks for you help.

    Anyone else know anything about this?
  5. Iamnotmyillness

    Iamnotmyillness New Member

    I actually saw a write up on this. When I see case law cited in Fibro I typically save it but I cant seem to put my hands on it right now.

    As I remember (from on of my rare non Fibro fog moments i guess) there was a case that hinged on this issue where I believe the Appeals Judge ruled against the person for working part-time or full-time and it was over turned on further appeal. The court found that you couldnt punish someone for struggling to make ends meet while the waited for help. They argued that the first judge should have given more consideration to how well the person managed this schedule. The fact that the worker had a poor attendance record and other limitations led to a favorable.

    If I find it I will come back and post but in the meantime I agree, ask your attorney.
  6. meditationlotus

    meditationlotus New Member

    The reason why I haven't asked an attorney yet is that I read that attorney's will agree to take your case on a 50 50 chance that you might win and they might collect some money. But many of them don't do the work to help you win.

    The ones that have a good reputation for winning with these disabialities such as Scott Davis and ALLSUP and others say not to work at all.

    So, I haven't been sure what to do. All attorney's will sound great about helping you, but once you pay a preliminary fee, they may or may not do much.

    So was hoping that someone had been through this and had won their case while working a little and could guide me as to what to look for in an attorney.

    Going for disability is not like standard bankruptcy. When you have these dd's that are hard to prove, you have to be very careful who you choose as your attorney and how you go about it.

    Thanks for telling the success story of the person who won while working.

    I'm hoping someone on this message board will have had success and can tell me more about their experience.

    Thanks.
    [This Message was Edited on 03/23/2007]
  7. obrnlc

    obrnlc New Member

    hi again med.,
    try going to ssaradio.com and asking theat att. by email a question, he is very responsive, and he has archived answers to questions he has explained on his radio show to listen too. Very informative, and free. if the letters i gave you don't work, google in :jonathan ginsberg it is worth a shot, but a long download w/dial up. very worth it, though. Good luck--L
  8. meditationlotus

    meditationlotus New Member

    I will check out the website and definitely ask him.

    Thanks so much.
  9. obrnlc

    obrnlc New Member

    hi
    , sorry i gave you wrong info--its ssdradio.com, not ssa.
    also links from ssdanswers.com.
    hope you read this before you get frustrated searching--sorry!---L
  10. meditationlotus

    meditationlotus New Member

    I found one of his sites and will email him when my brain is more organized.

    Thanks so much.
  11. FM1987

    FM1987 New Member

    Allsup told me if you work, even part-time that they will use it against you. I am presently involved with a disability claim and I have used allsup since the start, which was Jan. 2005. As mentioned before you are over 50 years old, & that is in your faver.
    I am the only income that I have, so I understand your delemia. You need to talk with an expert ASAP for advise because I am not sure how your reduced working hours will to affect your SSDI credits & ultimately your benefits, you don't want your credits to run out before you file! I am not sure how it works with the limited hours that you are working now. Sorry for any spelling errors, very tired.
    Good Luck!
  12. hurtin4certain

    hurtin4certain New Member

    I am sure with the right lawyer you can get approved. One thing to keep in mind is that no disability lawyer should request money up front from you. There are also laws regarding how much they can 'take' from back benefits and it is not much. Many of the disability lawyers make their big money on Long Term Disability suits where they will charge you 1/3 of your benefit. THEN they will be willing to work for the small amount allowed in a social security disability suit. (I think the cap for social security disability is 5,300 + any expenses for doctors records, getting vocational evaluations etc - my lawyers expenses in a 2 year period were only about 220.00) But there ARE GOOD lawyers out there too that truly want to help people.

    I completely understand your situation as I am on my own and since I am a SWF (single white female - no kids either) there are not any other benefits that I could qualify for, I had to file bankruptcy and almost lose every thing I owned - the depression was HORRIBLE and the thing is - the denial after denial and the financial difficulty it caused were only escalated by their actions. My mental health suffered so much and I still have the mental funk because of all the crap I had to go through.

    Do you have any family that could help you out financially while trying to get approved?? Or I hate to say this - can you find someone that will pay you 'under the table'so you can survive financially until approved??

    Once approved you can get a ticket to work and still receive your benefits.

    Wishing you the best of luck:)
  13. meditationlotus

    meditationlotus New Member

    You are right. I neeed to make sure that my benefits won't be further reduced.

    I'm sorry that you have had so much trouble. It makes me angry to no end that people who are ill have to be put through so much anguish to gets these benefits.

    I too am in bankruptcy and have a monthly payment to make. My significant other is doing the same.

    I am not sure what I could do to be paid under the table.

    Thanks. I feel like I am caught in a catch 22.