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Old 05-28-2008, 11:34 AM #1
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Default Are my flares disabilng enough?

My first MS symptoms came with a blast in 2002. After utitlizing all of my FMLA time, I lost one job as I recovered, first, from stroke-like symptoms, then, from a second flare with serious memory, cognitive and manic symptoms.

Eight months later, after recovery time, I opened a licensed day care home in my own home. Did that job for approx. 16 months; then had another MS flare. By the time recovery had occurred, parents had found other care, and I did not wish to begin over from scratch. Lost job #2.

Got a job as a para-educator with the school district. Worked there for 4 years. Each year, I had a flare, usually in the spring, and had to utilize FMLA time. Continued employment in this position was determined on an annual basis for their employees. During the third year, HR instituted an assessment process to determine whether I was "fit to work". Employment was continued, but school placement was moved, apparently to reduce my stress.

During the fourth year of employment, I had two flares. One occurred mostly over Christmas vacation, and did not require much time off. The other one began at the end of April. On May 8, I received a letter from HR at the school district indicating that my employment would not extend to the 2008-2009 school year.

As I look at searching for a new job, I wonder, now, how employable I am. I have lost 3 jobs in 5 years. If I am unable to work a full year without running out of paid time off, or, if I can work a job, but cannot "adjust" or hold a job, does that consitutute disability?

I read SSDI's definition of disability online:

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:
You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.


Does this meet their definition?

~ Faith
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Symptoms since 01/2002; Dx with MS: 10/2003; Back in limbo, then re-dx w/ MS: 07/2008
Betaseron 11/2003-08/2008; Copaxone 09/2008-present
Began receiving SSDI 11/2008

Last edited by FaithS; 05-28-2008 at 07:00 PM.
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Old 05-28-2008, 04:10 PM #2
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Hmmm.......that's a good question....and one that I do not know the answer to.

You could try calling your local SS office to inquire.

I wonder if it would help if your doctor documented (if he thinks it might be true) that trying to work has caused the frequency of your flares, so he restricts you to no work
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Old 05-29-2008, 07:02 PM #3
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Quote:
Originally Posted by finz View Post
. . . I wonder if it would help if your doctor documented (if he thinks it might be true) that trying to work has caused the frequency of your flares, so he restricts you to no work
Thanks for your comment.

But, I don't think that trying to work has caused the frequency of my flares. I wouldn't feel OK asking my doctor to document this. My MS has caused the fx of my flares.

~ Faith
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Symptoms since 01/2002; Dx with MS: 10/2003; Back in limbo, then re-dx w/ MS: 07/2008
Betaseron 11/2003-08/2008; Copaxone 09/2008-present
Began receiving SSDI 11/2008
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Old 05-30-2008, 08:31 AM #4
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May I say that even though the SSA has that in writing in their own documents for establishing your disability, they do not follow it when making decisions. If they did, none of us would still be waiting or filing appeals.

I do not want to discourage you but wanted to let you know that it won't be that cut and dried when you file.

Should you file?? It certainly would not hurt. You may want to talk to a attorney that handles only SSDI cases first. They will usually do a free consultation. That way you could address the issue of jobs and losing them. I would be curious myself what they tell you about that.

It never hurts to ask and it would not hurt or cost anything to have the consult. Just be sure to go to a reputable attorney.

My best to you.
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Old 05-31-2008, 02:47 AM #5
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Sorry, didn't mean to imply to ask your doctor to fib for you, but it has been proven that added stress (like getting a new job) can increase MS relapses or flares. I copied this for you:

Stress may trigger multiple sclerosis flare-ups in women
Avoiding stressful life events and learning effective coping skills may help avert flare-ups of multiple sclerosis (MS) in women with the disease, new findings suggest.
Researchers recruited 23 women with MS from the Multiple Sclerosis Clinic at the University of Pittsburgh Medical Center and followed them for a year. Each week, the women completed questionnaires asking about MS symptoms and life events, such as starting a new job, finding out that a child is doing poorly in school, having a motor vehicle accident, and being physically assaulted.

Every four weeks, the women were interviewed about the nature and timing of life events they had experienced, and the life events data were later analyzed with the MS exacerbation data.

"A controversial issue in multiple sclerosis research concerns the extent to which psychological stress contributes to the development and progression of the disorder," writes researcher Kurt D. Ackerman, M.D., Ph.D., and co-investigators in the Departments of Psychiatry, Neurology, Pathology and Psychology at the University of Pittsburgh.

"This study contributes to a growing body of evidence that stressful life events are potent triggers of disease activity in women with relapsing-remitting MS," they add. "MS exacerbations may be delayed or avoided by limiting the individual or cumulative effects of stressful life events."

Their results are published in the November-December issue of Psychosomatic Medicine.

During the study year, the women experienced an average of 2.6 MS exacerbations that lasted an average of 29 days. Eighty-five percent of the MS exacerbations were associated with at least one stressful life event in the prior six weeks.

The results also showed that stressors from different sources and of different levels of severity were equally associated with exacerbations. In addition, the researchers found that stress led quickly to MS exacerbations, with an average of 14 days from the stressful event to the flare-up.

The researchers further suggest that preventive strategies, such as coping skills training and early interventions for symptoms of anxiety and depression, could help women avoid stress-induced MS flare-ups.

MS is a life-long neurological disease that is usually diagnosed in young adults. According to the National Institute of Neurological Disorders and Stroke, as many as 350,000 people in the United States have been diagnosed with MS, and approximately 200 new cases are diagnosed each week. In general, women are affected by MS at almost twice the rate of men.

The research was supported by grants from the National Institutes of Health.





This is from the SS website:

How much can I earn and still receive Disability benefits?

Question
I am receiving Social Security disability benefits. Will my benefits be affected if I work and earn money?


Answer
We have special rules called "work incentives" that help you keep your cash benefits and Medicare while you test your ability to work. For example, there is a trial work period during which you can receive full benefits regardless of how much you earn, as long as you report your work activity and continue to have a disabling impairment.

The trial work period continues until you accumulate nine months (not necessarily consecutive) in which you perform what we call "services" within a rolling 60-month period. We consider your work to be "services" if you earn more than $670 a month in 2008. For 2007, this amount was $640.

After the trial work period ends, your benefits will stop for months your earnings are at a level we consider "substantial," currently $940 in 2008. For 2007, this amount was $900. Different amounts apply to people who are disabled because of blindness. The monthly substantial amount for statutorily blind individuals for 2008 is $1,570; for 2007 this amount was $1,500.

For an additional 36 months after completing the trial work period, we can start your benefits again if your earnings fall below the "substantial" level and you continue to have a disabling impairment. For more information about work incentives, we recommend that you read the leaflet, Working While

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Old 05-31-2008, 04:02 AM #6
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Thanks for the stress article. Interesting. I think that the bigger stress, for me, will be adjusting to not working, and to being "disabled". I plan to look for some meaningful volunteeer jobs, and to come up with a routine at home, as well, and make those my "new" work, if I pursue the disability route.

~ Faith
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Symptoms since 01/2002; Dx with MS: 10/2003; Back in limbo, then re-dx w/ MS: 07/2008
Betaseron 11/2003-08/2008; Copaxone 09/2008-present
Began receiving SSDI 11/2008
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Old 07-16-2008, 09:35 PM #7
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hi I am new here but I have been on SSI for about 2 yrs. now. I was denied the first time but was told that everyone is I guess it's their way of making people sweat and weeding out the ones that would just suck it up and go back to work. I have two daughters now 8 and 5 and I am 27 applying was not something I wanted to do (that was for old people) but the more I looked at it there was no way I would be able to continue to work and take care of my girls. I was diagnosed with DDD and had my second unsuccsessful surgery at the age of 23 I have pain on a daily basis and my legs often give out on me with no warning. If you get the right doctors who will give it to you strat and back you up you should have no problem receiving SSI they might have you on partical SSI which is where you are able to work a limited amount of hous a week with out it affecting your ben. But iyou as a person know your limitations and if you feel that you need help there is no shame in applying like I said just about everyone I've talked to was denied the first time but just don't give up.
Quote:
Originally Posted by FaithS View Post
My first MS symptoms came with a blast in 2002. After utitlizing all of my FMLA time, I lost one job as I recovered, first, from stroke-like symptoms, then, from a second flare with serious memory, cognitive and manic symptoms.

Eight months later, after recovery time, I opened a licensed day care home in my own home. Did that job for approx. 16 months; then had another MS flare. By the time recovery had occurred, parents had found other care, and I did not wish to begin over from scratch. Lost job #2.

Got a job as a para-educator with the school district. Worked there for 4 years. Each year, I had a flare, usually in the spring, and had to utilize FMLA time. Continued employment in this position was determined on an annual basis for their employees. During the third year, HR instituted an assessment process to determine whether I was "fit to work". Employment was continued, but school placement was moved, apparently to reduce my stress.

During the fourth year of employment, I had two flares. One occurred mostly over Christmas vacation, and did not require much time off. The other one began at the end of April. On May 8, I received a letter from HR at the school district indicating that my employment would not extend to the 2008-2009 school year.

As I look at searching for a new job, I wonder, now, how employable I am. I have lost 3 jobs in 5 years. If I am unable to work a full year without running out of paid time off, or, if I can work a job, but cannot "adjust" or hold a job, does that consitutute disability?

I read SSDI's definition of disability online:

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:
You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.


Does this meet their definition?

~ Faith
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Old 07-17-2008, 12:36 AM #8
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Applied for SSDI the first week in June, online. Was followed up by a phone interview w/ them on June 13. Two of my doctors have written helpful letters to SSDI.

Since then, I had an appointment with an MS specialist in Kansas City. She thinks that I likely do not have MS; that it might be CNS Lupus, which is also a dx that Mayo Clinic considered back in 2002.

I have a follow-up appointment with her next week, during which time she will compare old test results with recent tests, and try to come up with a dx.

I worry that a possible change in dx may delay or jeopardize my claim.

If I've posted this on another thread, I apologize for the repeat.

~ Faith
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Symptoms since 01/2002; Dx with MS: 10/2003; Back in limbo, then re-dx w/ MS: 07/2008
Betaseron 11/2003-08/2008; Copaxone 09/2008-present
Began receiving SSDI 11/2008
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Old 07-19-2008, 05:02 AM #9
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Faith,
You are taking a chance doing volunteer work. This can equal the real thing in SSA eyes. You are keeping to a schedule, and are doing certain duties. You are saying I can not work a regular job, where I stand, stoop, lift, bend etc, but can do these things as a volunteer. You are risking a denial.
I suggest you find the 3373, and 3380 forms, and see what questions they ask about your daily activities.
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Old 07-19-2008, 09:27 AM #10
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Quote:
Originally Posted by cferro514 View Post
Faith,
You are taking a chance doing volunteer work. This can equal the real thing in SSA eyes. You are keeping to a schedule, and are doing certain duties. You are saying I can not work a regular job, where I stand, stoop, lift, bend etc, but can do these things as a volunteer. You are risking a denial.
I suggest you find the 3373, and 3380 forms, and see what questions they ask about your daily activities.
Thanks for the advice. I looked online, at SSA's Forms Home Page, and couldn't find the forms that you mention. Are they the Work Activity Forms? We've filled those out, but I don't think those are the right ones, because I coouldn't find those form numbers on the copies that I kept.

Yeah, I wondered about volunteering being a problem, but some advice that I'd received said that it wouldn't be. My volunteer jobs do not involve standing, lifting, bending or stooping.

When I volunteered for VBS at church, it was about 3 hours a day, for a total of 15 hours. That was only for one week. Classroom time involved mostly sitting, and there was some minimal walking from one classroom site to another. I don't think I'll ever have to report that time, since it was short-term.

Right now, I'm only volunteering about 3 hours a week, and that's spread out between 3 separate days. It, also, does not involve standing, bending, stooping or lifting. I read to nursing home residents and play the piano. So, I am not claiming that I am unable to do those activities, and then going out and doing them as a volunteer. I don't see any inconsistencies there.

I do plan to add about 10 hours a week in the fall, but I still have time for my one or two naps per day, and I don't there's a very good case that that is comparable to substantial, gainful employment, if I don't ever volunteer for more than a 2 or 3 hour block at a time.

But, I'd welcome additional comments.

~ Faith
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Symptoms since 01/2002; Dx with MS: 10/2003; Back in limbo, then re-dx w/ MS: 07/2008
Betaseron 11/2003-08/2008; Copaxone 09/2008-present
Began receiving SSDI 11/2008
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