Removed from job for disability

Discussion in 'Fibromyalgia Main Forum' started by musette, Apr 20, 2003.

  1. musette

    musette New Member

    I will ask two questions since I can't seem to find time to read much anymore. If a physician requests accomodations for the work place. Is there any laws that say those have to be provided. I work for the state and they didn't provide the accomodations so my doctor took me off work, permanently. However I can't pay my bills so I am back working against orders because I am unaware of what agencies there are to assist paying bills etc. until disability kicks in, or if it kicks in. Any info is better than what I have currently.

    Musette
  2. Peace7

    Peace7 New Member

    Also known as the ADA may apply in your situation.

    I have heard states claiming they are exempt from complying with this federal law.

    What accommodations did you or your doctor ask for?

    If it does not substantially change your job, they should accommodate you.

    In the meantime, apply for state assistance. Go to your county's Dept. of Human Services and apply for food stamps and Medicaid. If you have children, you can also apply for welfare.

    You can also apply for help from Salvation Army, St. Vincent de Paul, Lutheran Social Services, Catholic Community Services, etc. for help with rent, utilities and food.

    Find out where the free meals are in your community and use them to stretch your food budget.

    Consider selling anything you have that you don't need or want or doesn't fit any more.

    Peace,
    Anne
  3. COOKIEMONSTER

    COOKIEMONSTER New Member

    Don't take this personally but.......

    WHAT ARE YOU DOING? Whew, glad to get that off my chest.

    First of all, I hope that your not working against doctors orders and if so, does your employer know that your doctor has put you off on disability? Are you not thinking about your health and family first? I'm not sure what your condition is but your really putting yourself at great risk depending on your limitations. Not only that, but should you have an accident on the job due to your restrictions/limitations, then the employer can deny your w/comp claim alledging that they never knew that your doctor put you off work. Then you'll really be in hot water.

    Under normal circumstances, if the employer can accomadate you with your certain limitations, then yes, the employer can choose to either work with your restrictions, or offer you another position within the company until you can return to your normal and customary duties.......... if a vacant position exits.

    There are several programs out there. For one, State Disability. The doctor has already put you off so.......GO FILE FOR STATE DISABILITY! Thank you!

    You should receive your disabiity payments within no time at all since it has already been approved by your doctor. Then there is social security, the welfare system, I mean, there are a lot of programs out there but I would first start out with state disability.

    Do some homework and see if your employer offered Short/Long Term Disability Program to which you can also apply for. You may even contact your utilites people and tell them that you are no longer employed, but in the process of applying for state disability and if they can assist you in filing for low income. In order to qualify for this, you have to earn a certain dollar amount to which I assume with your disability you should have no problem getting approved.

    Good Luck and I hope this helps!

    Hugs



  4. musette

    musette New Member

    February the doctor (rehab specialist) said give her accomodation, which was voice recognition software for computer. After a month, it was not up and running and I was still having a great amount of discomfort and at the next visit said, she is off work, probably permanently because of chronic pain due to arm, head, neck pain. She also stated it is work related, definitely. Well, I called for a month to ask what paperwork etc. I needed to fill out, total of six times I called. They denied WC and I went without pay for that month. I was then told I had to see their doctor which I did. He was the one who released me in January for this same injury. He said he was going to put me back to work with restrictions. He immediately changed those restrictions when my boss called him because they needed me to work. I am going against MY doctor's orders. They are aware of this as it has been going on since 1995. I have had a hand full of surgeries, which none have taken care of the problems. If I want to keep my family and home, I have to be at work to get funds. I am single parent and don't have family who can pay my mortgage for me. I feel lost and totally unable to clearly think at this point. I am being dogged at work, I am on so many meds that half the time I can't think for myself. How do any of you all make ends meet while waiting to get disability. My doctor is filling out the paperwork for disability but I am mortified of losing everything while I wait, and what if I get turned down the first, second, third time? I am taking all your comments to heart. Who do I listen too? I know MY doctor is right, but I feel like I am totally between a rock and a hard place.

    Musette
  5. musette

    musette New Member

    Thanks for answering. What is State Disability, I will be filing for SSDI, etc. but what is state? I do have LTD here at work however that too is 90 days before that kicks in.

    Musette
  6. Mom3

    Mom3 New Member

    Please be careful!!! You could be damaging your right to disability and you could be jeopardizing your doctor's orders. They could say "see your doctor is wrong you can work". I am not sure how it works in your state but in Ontario, you could apply for sick benefits thru unemployment for 15 weeks before ltd kicks in which is 90 days here also. If your employer has ltd like you mentioned you should quality for that no problem, and with the support of your family doctor. Don't give them reason to doubt your doctor's medical opinion. It's very important to follow your doctor's orders. Good luck Mom3
  7. teach6

    teach6 New Member

    People who say that you can hurt your own disability claim are right. If you are working without accomodations they will then contend that it is not a problem for you to continue...even if it is causing you terrible pain and suffering. They aren't interested in that.

    As for state disability, not all states have it. You need to just figure out a way to hang on for the 90 days and stop working now! Like some others have mentioned there are local groups where you can get help. Many on this board have done that.

    The other thing to keep in mind is that SSDI presumes you are unable to do ANY kind of work, so you will need a stronger support from your doc on that to be able to go forwarad with that. However if you start the application process, which you can't do if you are working, they will offer you rehab services. If there is a chance that you could work in another field you should try that.

    I wish you luck, I am on LTD and it has been a Godsend for me. I have been awaiting approval of my disability retirement for 10 months and SSDI for almost as long.

    Barbara
  8. JLH

    JLH New Member

    about what would be the best course of action for you to take. Maybe there is a legal-aid type attorney that you could ask the question at no charge.
  9. musette

    musette New Member

    I am on restricted duties, and taking a lot of meds but I am going to contact my attorney today to get out of here. Yesterday I physically got sick and spent all the rest of the day and night in bed and don't much feel like being here today. My restrictions are no pinching, grasping, pulling motions for both hands, however sitting is the worst of my pain. It seems like my body settles and the pain is nauseating.

    Musette.

    p.s. I will keep you posted, thanks as usual for being my sounding board. People just don't understand the level of discomfort I am in.
  10. COOKIEMONSTER

    COOKIEMONSTER New Member

    How's your case coming along?

    Cookiemonster
  11. musette

    musette New Member

    Well, the comp case is still ongoing. I am a little clearer these days so maybe I can be more articulate when explaining. The doctor who removed me from work is still standing by her request. She says to be off work, no repetitive anything. WC doctor wanted me to see a specialist because they weren't sure of the diagnosis (probably because he missed it). The specialist I was referred to agrees with my doctor however is sending me for EMG on Monday. It is so frustrating dealing with a doctor who is going to do what the person who pays his check wants him to do. It is like prostituting himself almost. That would mean putting me back to work even though they know that it is making my situation worse. I don't cook, clean, or have any kind of social life... but I can sit in front of a computer. What happened to quality of life? Hopefully this will be over soon. I do have two attorneys working on this, and three doctors who specialize in pain, and musculoskeletal disorders. Thanks for all your good advice. I read more than I write on this site, but you offer good points. Thanks.

    Musette