CAN YOU QUALIFY FOR SOME KIND OF DISABILITY & STILL WORK PART-TIME?

LOPSIDED · 06-19-2006, 05:48 PM

AS SOME OF YOU MAY REMEMBER FROM MY LAST POST, MY EMPLOYER PRETTY MUCH MADE ME GO PART-TIME. NOW THEY HAVE DECIDED TO MOVE ME TO THE DRIVE-THRU AT OUR CREDIT UNION. THE DRIVE-THRU IS MUCH MORE STRESSFUL AND HECTIC. I HAVE WORKED AT THIS CREDIT UNION FOR OVER 6 YEARS AND HAVE ALWAYS BEEN A GOOD EMPLOYEE. THEY TREATED ME WELL UNTIL ALL MY LEAVE & FMLA & SHORT-TERM DISABILITY RAN OUT. I REALLY DON'T WON'T TO FILE DISABILITY. I'M CURRENTLY TAKING WKLY HERCEPTIN TREATMENTS FOR 1 YEAR. I FEEL PRETTY GOOD AND I WANT TO WORK. CAN YOU WORK PART-TIME AND QUALIFY FOR SOME KIND OF DISABILITY. I DON'T KNOW WHAT TO DO. I'M NOT SURE I CAN HANDLE WORKING THE DRIVE-THRU AS WELL AS I DID INSIDE THE CREDIT UNION. ANY ADVICE WOULD BE WELCOMED.

mekasan · 06-19-2006, 07:54 PM

Hello Lopsided,

As I write this, I realized that I failed to check that you are in fact from the US. Assuming you are, there are many programs that permit some income. For instance I receive Medicaid, yet still work 3 days per week. as long as I do not acquire more than 2000 per month in assets I can continue to qualify for Medicaid. In the past I have also collected unemployment while working parttime. I know that for SSI, as long as you don't make more than what is considered SGA "Substantial Gainful Employment", you can qualify for SSI. SGA is something like $830 per month. You can go to www.ssa.gov. SSI is for those who have not worked enough to qualify for SSDI. The rule may be different for SSDI. Again www.ssa.gov will provide info.

If you provide me with more information, I may be able to answer more of your questions. I would not mind attempting to help you, as I am a law student. I would need a bit more basic info, like what state you live in, whether you worked enough in the past to qualify for SSDI, and more information on your current state of health (b/c the definition of disability under the law is sometimes different than what a doctors identifies as a disability). I would love to try to help you.

Please feel free to contact me privately if you wish.

And of course, i must state, that I am not qualified and not intending to offer any legal advice, as I am merely a student. However, my experiences with public benefits work may help me identify resources that you may be able to tap into.

Take care,
Shannon

sarah · 06-21-2006, 11:06 AM

Shannon,
I have several questions about disability, Herceptin and Femara coverage, etc. Who gets it, how do you qualify, etc. I realize I would have to pay into some plans??? A and D? but not sure of the eligiblity.
May I contact you privately or try to explain more fully my situation or just post?
My complication is that I currently live in France but my husband wants to move back to NYC. My work history was New York and California.
I am naturally a little nervous to rock the boat, so far, here in France, I'm covered and getting both Herceptin and Femara as a metatastic cancer patient. When I called from here first Medicare then social security, I couldn't get a straight answer.
Thanks
sarah

LOPSIDED · 06-21-2006, 02:18 PM

SHANNON, THANK YOU FOR YOUR REPLY. I CALLED THE SOCIAL SECURITY OFFICE AND SET UP AN APPOINTMENT FOR NEXT WEEK. THE PERSON I TALKED TO ON THE PHONE SAID SOME PEOPLE DO QUALIFY FOR DISABILITY EVEN WORKING PART-TIME. HE TOLD ME WHAT INFORMATION TO HAVE (NAMES OF DOCTORS, HOSPITALS, TREATMENTS I HAVE RECEIVED & PLACES I RECEIVED TREATMENT, BIRTH CERTIFICATE, WORK HISTORY, MEDICATIONS). HE SAID I WOULDN'T EVEN HAVE TO COME TO THE OFFICE THAT THEY WOULD SET IT UP FOR SOMEONE TO CALL ME AT HOME AND GET MY INFORMATION. I HOPE I QUALIFY AND IT DOESNT TAKE MONTHS OR YEARS TO PROCESS. I'M REALLY STRESSED ABOUT THIS, HOW CAN I SUPPORT MYSELF ON 25 HOURS. I AM SINGLE AND STRUGGLING TO STAY INDENPENDENT. I KNOW SOME PEOPLE QUIT WORK ALL TOGETHER TO QUALIFY FOR DISABILITY. PHYSICALLY I AM ABLE TO WORK PART-TIME AND I'M DOING FINE ON MY TREATMENT OF HERCEPTIN. ALL I CAN DO IS PRAY I QUALIFY FOR SOME KIND OF HELP. THANKS FOR LISTENING. SHEILA

tousled1 · 06-21-2006, 08:05 PM

I don't know if the waiting period is the same for partial disability as it is for permanent disability. I am on permanent disability since Dec 04 after I had lumbar spinal fusion surgery (my 5th surgery in 6 years but not all to the back). I applied for disability social security and it took them about 2 months to approve my claim but I didn't get payments for the first 6 months (and never will) but after that I get my disability check every month. I don't know what I would do without it! I do know that cancer is a disease that is on the "list of accepted" disabilities. I'm sure your claim will be process in a fast and efficient manner. I wish you all the best.

mekasan · 06-21-2006, 10:33 PM

There are several phases. The initial applicaton, the reconsideration of a denial, the appeal, appeals council, etc... All of this could take upto 2 years or so depending on the back log in each state. The initial decision could take three or more months. Many many cases are denied on initial, denied on recon, and then win on appeal so never give up. You don't need a lawyer to appeal (of course it helps) but you can find everything you need on the ssa.gov website to win an appeal.

Also, breast cancer that meets a certain set of criteria is on the list of impairments that may be support a finding of a presumptive disability. However, you must meet the listed elements in order to show unquestioned disability.

First, the agency must find that you suffer from an impairment that prevent you from being able to do work. Then they must determine that your disorder is "severe" by asking if it is a condition that will last 12 months or end in death. Then they look at the Listing of Impairments to see if you meet one. If you do, then you win. They can also readjust your onset date to whatever they want.

If you don't meet a listing then they look at your level of functioning to see if you can continue the work you are doing. If not then they look to see if you can do any of the past work that you had done in the past 15 years of your life. If not, then they assess your residual functional capacity (how well you can move about despite your impairment), they also consider your age, your education, and your employment history to determine if there iare any hypothetical work you could do based upon a big book of jobs (Dictionary of Occupational Titles). I say hypothetical, because they only need to exist in the book not in your community.

All this imformation can be found online at ssa.gov

First thing to know is that the goal is not to show that your breast cancer is disabiling, but rather to show that you are disabled based upon all your conditions. This may include any other physical or psychological impairments related or unrelated to breast cancer. Many people fail to list other conditions. List everything you can think of, and let the decision maker throw it out. This makes the facts different for every applicant.

Second, if you don't clearly meet a listing, you can still be found disabled. This part is also very different for each applicant, because its based on work, education, age, functional capacity of each applicant.

I hope this helps.

Sheila · 06-22-2006, 04:19 AM

Mekasan
Here in IL I received SSD with no problem...my insurance carrier for the company I worked at made me apply to cut down their disability payments....now the insurance company has stopped payments as they say I am no longer disabled....and yet Social Secuity sees me as disabled....all this and getting termed from my job after my FMLA ran out is unbelievable....I dont know what to do!

cynthia1962 · 11-20-2009, 03:03 PM

I live in the state of TN and it takes them a while. I got denied the first time. Now I am on reconsideration,i have an attorney now. My MRI showed I have some type of chronic migrane disease, depression, and I also had a mastecomy in June with no lymph nodes involvements. Have to take herceptin for 1 year.