Employment & MS Forum

[MSW1963]

I'd like to suggest a sticky thread to provide basic info for purposes of providing assistance to those who are new to the site, new to MS or new to the MS dx'ing process and need to protect their employment status and entitelement to benefits.

I have visited and read postings at the Employment & MS thread for 2 MS sites and notice new posters requesting advice about the possibility of job loss, often imminent job loss, due to MS sx causing difficulties maintaining employment.

Some posters believe they are not eligible for Disability Benefits or FMLA because they lack a definate MS dx. If they are diagnoised, there's some confused about when to apply or when to 'invoke' FMLA job protection, (best if requested before their termination meeting w/HR).

[bentvalve]

i had my fmla in..i used it..i was told it had nothing to do with ms..basically i was off for like 2 days mon, and tues. i was back on wed and iwas asked to come to the office.. i was then i was asked if i would take a part time job. the next day my manager had a metting about me infront of the whole or nursing room staff.i was asked again. the boss told me they had already been to a meeting with senior leadership and they could hire someone in my place if i took the part time job.. i was told this was for my own good. totally devastating..i mean i front of everyone..wow

[MSW1963]

You may have an EEOC claim. Even if you discussed your MS dx with those you work with, managers in your company and department don't have the right to discuss your medical information or nogeotiate your employment status during a department meeting with co-workers. Info about your medical condition is private and legally protected.

I will say that it sounds like you have lots of witnesses if they are needed.

Also, you may want to post more about this at Employment and MS board. Moderaters might move your post there.

[Greg]

Ok I have had some of the few people that know what is going on with have suggested that I apply for disabitiy and I always respond that I dont have a diagnosis of what is cuasing the problems and so far everyone has given the awe **** type expression. Are you saying that you dont have to have a dx to qualify for disability? And I know that ssdi has you see their own docs how do you explain the "good" days if your having one during that appt?

[MSW1963]

Gret, if disabling sx's of a medical condition yet to be identified by your Neuro Doc are preventing you from maintaining full time work, it is possible to qualify for SSDI.

Possible MS and Probable MS are considered a diagnosis.

Has your doc diagnoised you leg cramp? If so find out the medical name for your leg cramp. If you are effected by fatigue, it will also aid in the application for benefits. Your sx's must be documented by your treating doc.

Did you lose a previous job because of disabling sx's while being treated by your doc?

It may be possible to go to a former employer for STD or LTD if you stopped working for them due to disabling sx's while being treated, but failed to claim benefits because you believed you needed a dx. Provided your then disabling sx's treated by your doc coincided with the job loss.

The medical description of MS is relapses and remission of disease activity and sx's. If during remission your recovery is near 100% as mine was for many years, adds to the difficulty of making a MS dx.

Your doc may be waiting for you to have another attack, substantiated on MRI, to make a definate MS dx or rule out MS in favor of another neuro disease or a disease that mimic's MS.

All though you may have lesions on MRIs, there must be medical proof of a second or multiple attack/s = inflamitation visable on MRI, to meet the diagnostic criteria for an MS dx.

Getting back to qualifying for SSDI, while your doc is waiting for the second attack to rule MS in or out in favor of another dx, it does not sound like complete recovery based on the unresolved leg cramp.

Contact a lawyer if necessary. If you qualify for former employer STD/LTD benefits, the documentation and dates will have to coincide with a time period no later than your last date of employment.

Well I'm pretty vain and even on my worst days it just goes against my very being to not put on my very best corporate look. But definately not a smart move for appointment with SSDI reps. Best to put on your 'this is my worst day' and explain your'e having one of your good days.

I hope I've answered your question, if not post again and I'll give it another try. Hope this is making some sense to you. My cognative skills and years away from benefits work are changelling me today. In either case, do post again with an update, I'll be waiting to hear how you are doing.

[wkikta]

For SSDI the Diagnosis is not the Critical thing, being Disabled is. The Diagnosis will make it easier to get approved though.

[Greg]

Stressed

I left a state paid job over a year ago to attend school full time and was living off of school grant money. At that time my sx's were just a weird nucience (sp) While attending school sx kept getting worse. This semester I was placed on financial hold wich means I have to pay for a couple of classes myself then can go back on financial aid. Even if I still had financial aid I wanted to find work becuase it was just a little too tight financialy.

Anyways I found a job as a cook for the local nursing home. Between the stress of work, family, money, and my mother becoming will with a rare terminal form of dementia my sx's flared really bad. During this sudden flare I foolishly quit and didnt handle it very professionaly.

After I talked with my suppervisor explaining what was going on, she knew about everything anyways, just not the flare. I learned that she was searching for my replacement anyways becuase I was a liability and still in probationary status.

I have an apt with VOC REHAB tomarrow to meet with the actual case worker to determine if I am eligible for retraining or at least help to take my construction career, restruant managment experience, cooking exe. and translate them into a nonphysical qualifications. I could physical work for awhile but it would eventually catch up to me and I would be right back to where I am now. I dont feel as if I am capable of tuffing it out for more then a month before I get laid off. And just don't think I can physicaly do anything I am actually qualified to do.

I feel that I can still work if I could find something that I dont have to be on my feet all the time. I just worry about the future if things keep getting worse who would be willing to hire someone that you dont know how reliable they will be becuase of this crap, and willing to deal with everything that goes with it.

If I can get through school I would be qualified in a field that would be flexible enough to deal with this. Its a matter of what I do in the meantime and if my health stays good enough till then as well.

I am realy close to just throwing my hands up when it comes to work and school becuase of this and not knowing what this is and whether I am going to be able to do anything. Is going to school going to be a waste of time becuase I may not be able to work then anyways, I dont know I am sorry this is turning into a pitty party which I despise. I am just so worried about everything.

[MSW1963]

Greg, it sounds like you and your family are having a tough time lately, finances, your mom's illness and your own illness.

Make the most of the Voc Rehab appointment. You may have started a list of topics to discuss with the case worker. If it were me, my list would include my top 5+ Neurologic/MS-ish sx's; fatigue making it impossible to maintain employment; heat induced fatigue making work in a hot kitchen particularly difficult; cognative problems making maintaining employment and school difficult; and of course the leg cramp.

Mention your referral to the MS Specialist and the extended wait time to establish a new patient appointment.

I hoped your past employment included benefits you might be eligible for. The state job offers the best possibility, but it would depend on the onset and extent of your sx's at the time. It doesn't sound like the probationary period was satisfied for the nursing home job.

You may qualify for SSDI, so make the most of the Voc rehab appointment tomorrow. You may feel better tomorrow than you've felt in the past 15yrs, but the day after may be your worst ever; it's ok to present yourself with that in mind so your case worker has a realistic understanding what you are facing.

Let us know how your appointment goes tomorrow, and good luck.

[Greg]

Voc Rehab Apt

Had my VOC REHAB APT this morning. Everything went well. I was even having cog fog, and facial twitches while at the apt, so the case worker could see some of the "invisable" sxs along with the wobbling. As we went through my sxs she would say every so often "sure sounds like ms" She said as long as the doctors reports supports what I have told her I would have no problem qualifying for priority one service.

Though she said it would be best to wait and see what the the nueros from barrows have to say becuase she would hate to start a program or service plan based on one report then learn that I am capable of doing more or less when another report comes in. whether barrows says ms or not it doesnt matter what matters is what they view to be my current and prospective future limitations are.

She was very respectful and seemed knowledgable about ms sxs. She was also very supportive and willing to help file for ssdi if that becomes nessissary to do. The only draw back is stiil what to do financialy while I go through this process. She also popped a buble of a perspective job that I applied for. I had applied with a neighboring fire dept to be a 911 dispatcher, and have recieved some intrest from the fire dept in me being a canident, so I have been hopeful.

She was supportive of this until I asked if she knew about ms cog fog and how would I beable to work around cog and that job? I can here all of you saying there is nothing to aid cog fog in pressure situations. She said it would be my call and consiouse if something bad happend becuase my brain froze even if for just 30 secs. I will still go through the interview process but I will definitly have to disclose and probably not get hired becuase of the cog fog......did you here that? My bubble of hope popping.

Anyways I still left her office hopefull that I will still be able to work after I get requalified for what ever they can help with. Wow this has become long hope every is well and God bless

[MSW1963]

That's fantastic news that your VR case worker is familiar with MS. I guess other than not having to face the possibility of a MS dx/sx's, the appointment sounds like it went as well has it could have.

Congrats and a huge sigh of relief that you have an advocate or at least one you will conquer by your next appointment.