Should I start to file for SSDI?

[Maggienor]

Hi! I am 53 yrs old and was just dx in Sept 2011 with RRMS. I started medication 5 weeks ago with no significant reactions, but wanted to say that I am having problems at work with concentration and fatigue. I am working a 40 hr week and have been working for the past 35 yrs. I had taken short term dis with my employer in Jan 2011 was having vertigo issues this was before it came back again in July and them with MRI's, spinal tap was dx with several legions on the brain, neck & spine - MS.
What is the best way to go on disability thru my job with short term dis again? And then file? Do you think an attorney will be good to get? Please help I am having trouble with my work and don't think I can continue. They are aware of my condition and have been very patient but I know I need to leave. Thanks!

[MSW1963]

Have you requested a change in assignment to a less stressfull job? I know that is not always possible, but if it is possible, that may be better than risking the significient financial consequences of SSDI and/or early retirement.

I don't know how close you are to retirment, but between FMLA, STD, unpaid leave if possible, I would put off as long as possible quiting employment.

A long remission may not be possible, but I would, if it were me and it were an option, postpone leaving employment for as long as possible, hoping for a remission that would allow me to return to employment.

I don't mean to imply in any way that you're not ill enough to quit working, but it may be the closing of a door that you may not have another opportunity to re-enter. I never wanted to stop working, I was too ill and with a young child so I had few options.

Best of luck to you, I do understand sx's of this illness are very difficult and may not allow you many options.

[Rich Feingold]

Hello, Maggienor and MSW1963. Maggienor, I do not know your company policies regarding going back on STD and what benefits that plan provides. I would consult your plan documents concerning re-eligibility to those benefits and to long-term disability benefits, too. You could consult with an attorney who practices in the are of ERISA law concerning your rights to STD and LTD benefits. And I do recommend that you consult with an attorney who practices in the area of Social Security disability benefits law to assist with a disability claim to attempt to maximize your chances of winning your claim, since so much is at stake. It can provide great peace of mind knowing that someone competent is helping you with your claim.

Rich