Comments on: Multiple Chemical Sensitivity and Social Security Disability, Part 3 http://www.thecanaryreport.org/2009/07/22/multiple-chemical-sensitivity-and-social-security-disability-part-3/ A blog and social network about Multiple Chemical Sensitivity Wed, 28 Jul 2010 20:35:51 +0000 hourly 1 http://wordpress.org/?v=abc By: Michael Walkup http://www.thecanaryreport.org/2009/07/22/multiple-chemical-sensitivity-and-social-security-disability-part-3/comment-page-1/#comment-5298 Michael Walkup Fri, 24 Jul 2009 17:49:11 +0000 http://www.thecanaryreport.org/?p=6693#comment-5298 I will be addressing the question of staying out of the courtroom in a later entry. On SSD cases, if my client is alleging senstivity to ordinary office situations, I request an accomodation where we can do the hearing with the client calling in and being on a speaker in the hearing room. I am also there only by speaker phone. We can also have experts from different parts of the country likewise call in to give testimony. It is probably good to have one person on our side in the room just to keep the other participants from passing notes to one another or making faces. A spouse or friend or especially someone from the doctor's office such as a nurse or counsellor that the client is seeing or the doctor in person can do that. The same goes for medical exams. We request whatever accomodations are needed before agreeing to allow our client to go to any exams or request that SSA send the doctor for a home visit. Usually they can't comply with either request fully which underscores what the client has to go through to get to a job. The risk of all this is that the case may be denied at that level, but MCS cases are very rarely, if ever, approved prior to a hearing anyway, unless they are approached from a mental impairment standpoint or there is another problem of disabling severity present. I do have one case on appeal where the judge wouldn't allow the telephone testimony. This case would probably have been lost before that judge anyway. I feel that this kind of refusal just shows how ignorant and/biased the judge is so it may help with the appeal. I will be addressing the question of staying out of the courtroom in a later entry. On SSD cases, if my client is alleging senstivity to ordinary office situations, I request an accomodation where we can do the hearing with the client calling in and being on a speaker in the hearing room. I am also there only by speaker phone. We can also have experts from different parts of the country likewise call in to give testimony. It is probably good to have one person on our side in the room just to keep the other participants from passing notes to one another or making faces. A spouse or friend or especially someone from the doctor’s office such as a nurse or counsellor that the client is seeing or the doctor in person can do that.

The same goes for medical exams. We request whatever accomodations are needed before agreeing to allow our client to go to any exams or request that SSA send the doctor for a home visit. Usually they can’t comply with either request fully which underscores what the client has to go through to get to a job.

The risk of all this is that the case may be denied at that level, but MCS cases are very rarely, if ever, approved prior to a hearing anyway, unless they are approached from a mental impairment standpoint or there is another problem of disabling severity present.

I do have one case on appeal where the judge wouldn’t allow the telephone testimony. This case would probably have been lost before that judge anyway. I feel that this kind of refusal just shows how ignorant and/biased the judge is so it may help with the appeal.

]]> By: Susie Collins http://www.thecanaryreport.org/2009/07/22/multiple-chemical-sensitivity-and-social-security-disability-part-3/comment-page-1/#comment-5248 Susie Collins Fri, 24 Jul 2009 07:44:37 +0000 http://www.thecanaryreport.org/?p=6693#comment-5248 Jacki and Karen, I'm sure Michael will check in soon to respond to your comments. Aren't we lucky to have him fighting for our cause? Jacki and Karen, I’m sure Michael will check in soon to respond to your comments. Aren’t we lucky to have him fighting for our cause?

]]> By: Karen http://www.thecanaryreport.org/2009/07/22/multiple-chemical-sensitivity-and-social-security-disability-part-3/comment-page-1/#comment-5205 Karen Thu, 23 Jul 2009 17:38:18 +0000 http://www.thecanaryreport.org/?p=6693#comment-5205 Michael, Thank you for writing this series on MCS disability cases. This information is a great benefit to those of us who deal with these issues. When I began research in this area about five years ago (while in medical leave from my job, which I fortunately did return to with accommodation), it was very hard to find an authoritative source on the legal scenarios that applied in different situations. Karen Michael,

Thank you for writing this series on MCS disability cases.

This information is a great benefit to those of us who deal with these issues. When I began research in this area about five years ago (while in medical leave from my job, which I fortunately did return to with accommodation), it was very hard to find an authoritative source on the legal scenarios that applied in different situations.

Karen

]]> By: jacki http://www.thecanaryreport.org/2009/07/22/multiple-chemical-sensitivity-and-social-security-disability-part-3/comment-page-1/#comment-5193 jacki Thu, 23 Jul 2009 11:03:29 +0000 http://www.thecanaryreport.org/?p=6693#comment-5193 Micael, thanks for your informative information. I didnt do well with a civil saw suit. I now have NO job without unemployment..no income.. I am thinking of trying to file for disability...I have to avoid public buildings at all cost.. how do you do the court system and stay out of the court room? I will be contacting you for more information.. I was avoiding getting disability but it looks like I might have to now. I am 52, had MCS for 10 yrs..I am a RN and medical record coder with a CCS I lost my job Nov 08 after they took away my private office and had me move into a prefab modular trailer building with new carpet, wallpapper, VOC's, copymachines, tons of charts with ink..printers..and 30 other co workers and all their personal care synthetic scented products, cleaning products.. the list goes on & on... again thanks for sharing should a "good" article jacki Micael, thanks for your informative information.

I didnt do well with a civil saw suit. I now have NO job without unemployment..no income..
I am thinking of trying to file for disability…I have to avoid public buildings at all cost.. how do you do the court system and stay out of the court room? I will be contacting you for more information..

I was avoiding getting disability but it looks like I might have to now.

I am 52, had MCS for 10 yrs..I am a RN and medical record coder with a CCS
I lost my job Nov 08 after they took away my private office and had me move into a prefab modular trailer building with new carpet, wallpapper, VOC’s,
copymachines, tons of charts with ink..printers..and 30 other co workers and all their personal care synthetic scented products, cleaning products..
the list goes on & on…

again thanks for sharing should a “good” article
jacki

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