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        New Message Board Archives >> Medications, Treatments, Therapies 2003 >> Disability
        
(Message started by: doogienj on Nov 1^st, 2003, 8:51am)

Title: Disability
Post by doogienj on Nov 1^st, 2003, 8:51am

Hi Folks,

Has anyone been on, or tried to go on medical disability during a cluster period? If so, what was the outcome? I am surprise I have not heard more about this, since most of us are temporarily incapacitated and unable to work during the cluster season.

Has anyone else had trouble with their employer or been fired or reassigned due to cluster headaches? If so, I wonder what the legal implications are of letting someone go due to a medical condition? I have a new job since 18 months and they don't know about my conditions.

Thanks, Douglas

Title: Re: Disability
Post by Karla on Nov 1^st, 2003, 10:28am

Hi I am chronic ch sufferer and also suffer from migraines. I quit working in 4/00 due to getting hit several times a day all day long I would be in pain. I just couldn't stay at my desk much less focus or concentrate. Work was impossible for me. I was unable to find any preventative that worked for me I was doomed so to speak. I applied for disability ssdi based on cluster headaches/migraines and depression caused by the ha. I was approved for disability the first time I applied within 6 months for depression. They didn't seem to think my ha and chronic pain were a disabiling factor.

Title: Re: Disability
Post by sleepy2 on Nov 1^st, 2003, 11:07am

I am a chronic sufferer as well. I have lost many jobs due to my condition. I am the "breadwinner" for my family. I would like to know more about this as well. Who do you contact for this disability claim? I think it is silly that it's not considered dabilitating. When you got aproved....How do they figure what your compensation is? Thanks for the input!

Title: Re: Disability
Post by Prense on Nov 1^st, 2003, 2:00pm

on 11/01/03 at 11:07:18, sleepy2 wrote:

I have lost many jobs due to my condition.

I am fairly certain it is not legal for an employer to fire an employee based on a disability. My father missed almost a year from work before they finally terminated his employment with a written promise to hire him back with the same pay/benefits he had prior when he felt able to return to work.

An emplyer must provide "reasonable" accomodations for disabilities...I think the interpretation of what is reasonable will most likely vary from state to state. I have been chronic for 10 years, and it was only this year that I found an abortive that works. I have worked all the way through this, and I will continue to do so. There has many several times I got sent home because of an attack.

Some folks get hit harder than I do...there is no doubt about that. Some folks truly deserve and need disability due to CH, but I really have doubts as to an episodic sufferer of CH getting disability solely based on CH.

Chris

Title: Re: Disability
Post by Unsolved on Nov 1^st, 2003, 2:38pm

approved first try (quickly) for CH alone w/o a lawyer...no other medical factors.
I'd rather feel good and be working though :-/

Title: Re: Disability
Post by Karla on Nov 1^st, 2003, 4:57pm

How much you get a month depends on how much you have paid in over the 10 years prior and how many minor children you have.

Title: Re: Disability
Post by sleepy2 on Nov 1^st, 2003, 5:24pm

I believe strongly in a man or women working to support their family. It has gotten to the point at the age of 29, how can I do this forever? This is no way for me and my family to live. Let's say they don't fire me....i suffer chronic, i get NO RELIEF! I'd be laid off forever....What am I to do?

Title: Re: Disability
Post by Prense on Nov 1^st, 2003, 8:49pm

I'm not saying this isn't an avenue for chronic sufferers to pursue...to the contrary actually. You are the only one who can accurately judge your own situation. Personally, it just isn't an option for me...call it a pride thing or whatever. I will not be beaten by this MFer! If I have to survive on disability, then I would feel "beaten." I was merely offering a glimmer of hope to anyone reading this that suffers chronically, that it can be done...It is being done! Not only by me, but many others out there.

Also, I am not saying that chronic is worse than episodic, but episodic sufferers have some PF time. For most episodic sufferers, the majority of the year is spent PF from CH. For that reason, I would guess that an episodic sufferer of CH will have a tough case for disability. I would hate having to wonder when the next cycle is gonna hit though.

Again, there are people out there that suffer CH much worse than I do. I cannot speak for them, just myself...based on my own experiences.

In the meantime, I'm going to work... ;;D

Regards!
Chris

Title: Re: Disability
Post by Zonie on Nov 2^nd, 2003, 4:19am

I have been on disability for almost 7 years after being forced to file for Social Security by my employer (in order to hold my position for me) while I took medical leave without pay. I had used up an accrued month of leave time due to ch's. I was approved the first time I filed, with no attorney, no appeals and seeing 2 Social Security doctors.

My attendance at work and the quality of my work had suffered terribly after changing from episodic to chronic. The sleep deprivation, along with side effects of meds left me much like a zombie most days, as they do now. There was no way that I could work with any "dependability" or efficiency. My supervisors recognized the change in me and the quality of my work. I also felt that it was very unfair to force my coworkers to pick up the slack caused by my absences or inabilty to perform as I should while at work.

I think that it is vitally necessary that you have quality physician's statements to validate your claim. When I filed I had seen numerous neurologists and had tried numerous treatments with little success.

I loved my job and the people that I worked with. I would be more than happy to return to work tomorrow if I thought for one minute that I could do the job and my co-workers justice. But, until my condition improves considerably, there's no way that that can happen. But I can still hope.

Title: Re: Disability
Post by Unsolved on Nov 2^nd, 2003, 11:13pm

PS...Prense ... I was epesodic and Imitrex (Glaxco Welcome) required me to file for disability in order to get free injections. Approved

Title: Re: Disability
Post by 5-string on Nov 3^rd, 2003, 9:25am

Hey Douglas,
I am eposodic and this past summer was my worst cycle to date.
I was out of work for 8 weeks.
I do have and pay for short and long term disability ins. Even though I have a disabililty policy which I pay for,it took a while to get paid. I got my check 2 weeks ago. Standard stuff. not enough info, what's a cluster headache?blah,freakinblah,blah..but it is possible.
....Mark..

Title: Re: Disability
Post by Jimmy_B on Nov 3^rd, 2003, 9:57am

on 11/01/03 at 14:00:42, Prense wrote:

I am fairly certain it is not legal for an employer to fire an employee based on a disability.
An emplyer must provide "reasonable" accomodations for disabilities...
Chris

It technically is not legal to terminate someone based on a disability...but an employer, if he wants you gone, will find some other way! I was "Laid Off" from a position, and I know it was due to a horrible Cluster Cycle I was going through. My boss kept bringing up the fact that the H/A's were from stress from the job & that maybe I should find something less stressful. I tried to educate him on Clusters but he was a clueless Bastard, who I would wish to "Rot in Hell".

In Pa., anyway they have a "work at will" law. An employee can terminate employment at anytime & so can an employer.

In any place an employer can fiqure out any number of reasons to get rid of an employee. Hey nobody's perfect & as soon as a mistake is made it's hatchet time. They can lay you off, say you were late (1 minute) to work, let your imagination run wild...

Jim

Title: Re: Disability
Post by BobG on Nov 3^rd, 2003, 2:24pm

Maybe one of these sites will help you find help....click on the blue line(s)

http://www.ssa.gov/pubs/10029.html#Part%202
SS disability benefits site.

http://clusterheadaches.com./wwwboard/messages/80406.html
Carl D (2-2-01, advice on disability benefits

http://www.migraines.org/disability/disabcdl.htm
Trip 6-30-01 document on current disability laws (from Migraine Awarness Network)

Title: Re: Disability
Post by Prense on Nov 3^rd, 2003, 6:22pm

I hear what you are saying Jim, but I do not give an employer any excuse to fire me...illness or not. If they can fire you at will in PA, then I'd be moving. If you give them a reason to, then, well... If you didn't give them a reason to, I'd seek legal assistance. You are correct though...if they want you gone for a reason they cannot fire you for, they will look for other reasons. If that is the case where I work, I'd probably not want to work there anyway. Otherwise, I'd be crossing some t's and dotting some i's. Employers generally have written policy on do's and do not's. I'd make certain I knew what those were.

It's not uncommon for employers to terminate employment for underlying discrimination of sex, age, race, religious preferance, disability. It is also not too uncommon that they get sued for it.

Oh well...

Chris

Title: Re: Disability
Post by doogienj on Nov 7^th, 2003, 1:15pm

Hi Folks,

Thanks for the great feedback everyone. As episodic I intent to keep working. However, I've only been with this company for 18 months, and they are not aware of my conditions.

Since I work in sales in front of customers, they could claim that I would be able (which is true) to perform my job in a satisfactory way. So if they were to treathen with reassignment, I could offer to go on disability until the cycle is completed. I also have long and short term disability.

Previous employers when I was an office worker were very understanding and supportive. We have "employment at will" in NJ too. However, if you fire someone without just cause, you can sue. Part of my old job including letting people go, and you have to build a very strong and well document case to fire someone. Again, thanks for the feedback. Let's beat the motherf..... Douglas