Just turned down for disability

Discussion in 'Fibromyalgia Main Forum' started by Sossusvlei, Aug 9, 2003.

  1. Sossusvlei

    Sossusvlei New Member

    I was diagnosed as having CFS and Fibromyalgia two years ago. My insurance carrier through my employer just turned my case down. They said that "they saw no documented loss of motor or nurological function". Therefore, they saw no reason why I cannot continue working as a junior high school teacher. Frankly, I don't know what they are looking for. I submitted 97 pages of doctors notes from all types of specialists. My doctor even filled out their form saying that after 15 minutes of ANY activity, I needed to rest.
    I know that I need an attorney at this point but I don't know any that specialize in disability issues. That's why I have posted a message here. If anyone know of any lawyers or any other way I should proceed, please let me know. Last year I missed 54 days of work and I don't have that many sick days left. I am being forced to return to teaching in September. I know that once my sick days run out, I'm dead in the water. HELP!
  2. teach6

    teach6 New Member

    You want an attorney with ERISA experience, from what I've read. I've been on LTD for the past year and a half for CFS and FM. Before that I was on STD and now that the two year mark is coming up in October they recently sent me paperwork for deciding whether or not I am totally disabled, or just unable to teach school any more.

    I know my doc has said before that he believes I am totally and permanently disabled. I also know he will say it again. Whether or not they buy it is another question.

    I have been really getting the runaround from the state
    retirement office since I filed for disability retirement in May 2002. They sent me to see a psychiatrist who proceeded to tell them that CFS is generally thought to be all in the head and most doctors don't believe in it. Now every time I submit new evidence they send it to a psychiatrist for review, instead of a medical doctor.

    I have had to hire an attorney to get this and at least he would be the same one who would deal with the LTD company if they don't accept my evidence and doctor's word for it.

    Barbara
    [This Message was Edited on 08/09/2003]
  3. Seagull

    Seagull New Member

    Disability is a rather large litigation field -- at least in both Texas and California. I believe you will have several to choose from, but would specify to each one you call what your circumstances are, before signing anything. If that one does not handle your type of disability, maybe s/he can refer you to another who does.

    Are you trying to get approval for Workers Comp or State Disability? There are usually specific requirements for each. When I lived in California (where I received the injuries that gave me these DDs), I had a lawyer who handled both. He decided on going after State Disability while we were working on the W/C case. The State Disability came through first, within about 10 or so months after I was forced to resign my job. Then the W/C approval came through later, after I had been off work for about 3 years. I do remember the W/C carrier trying to put me through heck to meet their requirements, but my lawyer was most effective in taking them on and minimizing the nonsense. State Disability was not such a problem, as I recall.

    Hope things work out for you. :)

    seagull
  4. teach6

    teach6 New Member

    Be sure you get someone who is experienced with CFS and FM, not just anyone. A good resource would also be a local suport group. You can look for on at the top of this [page on the far right. Click on Support and then you can look for a group in your area.

    The attorney who will do LTD law is not the one who would do SSDI, just for clarification. I know because I have two attorneys! Aren't I the lucky one?

    Barbara
  5. nancyw

    nancyw New Member

    Hi there! Sorry to hear you were turned down for disability. There is an attorney listed on this site, Scott Davis, who works with people all over the US. He is located in Phoenix, AZ, but he SPECIALIZES in fibro (and, I think, CFS), which is really what you need. If you look under the Disability Tab at the top of this page, I think you will find him that way. I've talked to his office before and they seem to be pretty together. You could also do a search for him on the web. You can also do a search on this site under DISABILITY or ATTORNEYS or whatever and see all the posts with that subject. One more thing, I also got my Congressperson's office to do a congressional investigation. You can do a search under NancyW for my previous posts. I'm waiting to hear this month regarding my disability. Anyway, good luck to you.
  6. skitten

    skitten New Member

    here is a lady that will be able to help u.....Janet at allsup 1 800 279 4357.....just call it and leave a message they will call u back ..they win all cases..gl kat