Teachers/Educators and Disability?

Discussion in 'Fibromyalgia Main Forum' started by usa777, Nov 4, 2002.

  1. usa777

    usa777 New Member

    Hi All,

    Any teachers out there who've been denied state teacher retirement disability? Public pension systems are totally different than SS or LTD; unfortunately, they have much more power. I was unfairly denied here in OH, despite my giving them 4 excellent pieces of objective med. evidence for brain injury/CFS. Their "doctors" all think that CFS is Somatoform Disorder and they practically stated right out that I am playing a sick role for secondary gain. However, they interestingly neglected to state what that gain may be. It's certainly not money, attention, or anything else!

    My attorney told me that OH law does not require STRS to take anything I submit into account, so they simply ignored all of it. Now all I can do is pursue a mandamus action through the OH Appellate Court or OH Supreme Ct, but my lawyer said it's not worth it because, at this type of hearing, the evidence is not weighed equally. He said the courts are extremely reluctant to overturn an STRS decision. So, I've been cheated out of my livelihood and can do nothing to get justice. My attorney said that, in his 13 yrs. of practice, he's never seen STRS give disability to anyone on the basis of CFS.

    Any ideas on what can be done? Any attorneys out there who can find some way to sue STRS for breaking a federal law? I know of someone who wants to sue them for racketeering, but I don't know if she's got a case or not. I have no money left for fees, so I'd have to do something on a contingency basis.

    Anyone know of an "independent medical examiner" who has been sued? Dr. Lapp (in NC) told me he had heard of someone who successfully sued one because his faulty opinion caused her to lose her livelihood, but he couldn't remember who it was.

    Thanks in advance for any help,
    USA777
  2. usa777

    usa777 New Member

    Hi All,

    Any teachers out there who've been denied state teacher retirement disability? Public pension systems are totally different than SS or LTD; unfortunately, they have much more power. I was unfairly denied here in OH, despite my giving them 4 excellent pieces of objective med. evidence for brain injury/CFS. Their "doctors" all think that CFS is Somatoform Disorder and they practically stated right out that I am playing a sick role for secondary gain. However, they interestingly neglected to state what that gain may be. It's certainly not money, attention, or anything else!

    My attorney told me that OH law does not require STRS to take anything I submit into account, so they simply ignored all of it. Now all I can do is pursue a mandamus action through the OH Appellate Court or OH Supreme Ct, but my lawyer said it's not worth it because, at this type of hearing, the evidence is not weighed equally. He said the courts are extremely reluctant to overturn an STRS decision. So, I've been cheated out of my livelihood and can do nothing to get justice. My attorney said that, in his 13 yrs. of practice, he's never seen STRS give disability to anyone on the basis of CFS.

    Any ideas on what can be done? Any attorneys out there who can find some way to sue STRS for breaking a federal law? I know of someone who wants to sue them for racketeering, but I don't know if she's got a case or not. I have no money left for fees, so I'd have to do something on a contingency basis.

    Anyone know of an "independent medical examiner" who has been sued? Dr. Lapp (in NC) told me he had heard of someone who successfully sued one because his faulty opinion caused her to lose her livelihood, but he couldn't remember who it was.

    Thanks in advance for any help,
    USA777
  3. teach6

    teach6 New Member

    I began submitting my forms in May of this year. I still have 457 questions to finish on a 567 personality inventory for them. In the mean time I have sent them the report from the independent psychologist I had do a report for my SSDI. I live in VA, so I hope things are different here.

    I have been on STD and now LTD and I think if the state denies me the disability people will be on their case because it costs them more if I am not recieving my retirement. It also will cost me more because I am entitled to more now for disability retirement than if I waited until I'm 65 to claim retirement. That's because I didn't enter the public school system until my kids were all in school.

    This is very important to me because I am single and don't have a lot to fall back on if they don't approve this. The local person seemed to indicate she didn't think there would be a problem.

    I'll let you know if and when I hear anything from the state.

    Barbara
  4. usa777

    usa777 New Member

    Thank you - I've been to that site, but can't remember whether I ever posted the question there. I'll have to check.