The Canary Report

The risk of developing Multiple Chemical Sensitivity from exposure to photocopiers and laser printers

Posted on Feb 13, 2010 by Susie Collins in Blog, Guest Bloggers, MCS, Worker's Rights

Some persons suffering from Multiple Chemical Sensitivity may have developed their conditions or worsened them due to exposures to the toxic chemicals given off by photocopiers and laser printers in their office jobs.

By guestblogger M.R.E.

The following is information for the readers of The Canary Report concerning potential risks of exposure to photocopiers and laser printers. I have suffered a devastating respiratory condition from exposure to these types of machines, and so I am trying to raise awareness about this health hazard to hopefully receive feedback and get in touch with other persons who suffer the same.

Due to exposure to photocopiers and laser printers, I have suffered a devastating respiratory condition which produces in an extreme degree: difficulty for breathing, chest pain and oppression, fatigue, cough, mucosal dryness, inability to sneeze and plenty of disturbances in the throat, nose, mouth, eyes, skin, stomach and other systems plus an extreme, lasting intolerance to all chemicals in the air. After a lot of troubles it was diagnosed in two university hospitals as non-specific bronchial hyper-reactivity and Multiple Chemical Sensitivity (MCS). The syndrome was caused by the irritant vapors released by a photocopier and a laser printer in my jobs and this appears very obvious from the full details of my story, too long for this page. Although my illness was initiated within 24 hours of intense exposure to these gases, it has not been officially recognized as occupational for any purpose. As many other sufferers with MCS, I have lived a nightmare of sickness and social neglect, but thanks to my family, who financially and psychologically supported me, I did not fall into marginality and eventual tragedy.

From my own experience of nearly three decades with this problem I see that the following points should be carefully taken into account:

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Tags: Air, Asthma, Chemicals, Environmental Illness, Indoor Pollution, MCS, Multiple Chemical Sensitivity, Products, Research, Sick Building, Toxic, Work

More blogging canaries

Posted on Feb 09, 2010 by Susie Collins in Blog, MCS, Susie Collins

I’ve discovered a couple more blogs by canaries!

On her blog After Gadget, Sharon blogs about life after the loss of her beloved service dog Gadget. After Gadget is a new blog with only a few posts, but if you get hooked like I did, you’ll read every page and then subscribe so you don’t miss the next entry!

Along with Multiple Chemical Sensitivity, Sharon also suffers myalgic encephalopathy (ME), also called chronic fatigue syndrome (CFS) or chronic fatigue immune dysfunction syndrome (CFIDS). Her bio is here. An excerpt from the page about how MCS affects her life:

In my case, the low-level, constant exposure to the sick building was the initial trigger. If I had recognized what was happening and taken steps to lower my toxic burden, I might have regained my health and not become disabled. Instead, I moved into an apartment with freshly painted walls, bought cheap pine furniture (which is usually imbued with fungicides, insecticides, and formaldehyde), and then painted the new furniture. My symptoms increased in severity and number, and still I didn’t see the connection. Being so ill, I was forced to stay home from work and from teaching; I didn’t know this was the nail in the coffin of my health. The ancient gas stove and furnace in my kitchen and living room were leaking. As a result, I suffered several months of low-level, chronic carbon dioxide poisoning. By the time I found a doctor who diagnosed me with MCS and told me to shut off my gas, I’d developed severe MCS and CFIDS/ME.

Here’s Gadget delivering a message for Sharon to someone in another part of the house:

Because Sharon has speech disabilities, when she lost Gadget, she also lost this way of communicating with others in her home, which increased her sense of isolation and loss. But she’s adapting to life after Gadget, and while her heart still mourns for him, she’s also looking forward to bringing home a puppy in the very near future.

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Faith at An Ocean of Joy gave The Canary Report two shout outs, so nice of her! First post here and second here. In the more recent, she explores biochemist Martin Pall’s MCS research. Faith has mast cell problems, and through process of elimination, has recently come to the conclusion that she has Multiple Chemical Sensitivity. I’m not familiar with mast cell problems, so I welcome the education I’m getting from her blog on that topic.

Pall explains how mast cells can be triggered by the cycle in the context of MCS, which may be of interest to anyone with Mast Cell Activation Disorder. In addition, he lists the 6 genetic polymorphisms associated with a susceptibility to MCS, including the UGT1A1 polymorphism associated with the heretofor ‘benign’ Gilbert’s Syndrome.

The way out of the cycle, according to Pall, is to reduce nitric oxide levels in the body, and he presents an experimental treatment protocol designed to do so.

Thanks for the education, Faith!

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Tags: Children's Health, Environment, Environmental Illness, MCS, Multiple Chemical Sensitivity, Research, Sick Building, Toxic, Work

Multiple Chemical Sensitivity associations in Spain meet with Ministry of Health officials

Posted on Feb 05, 2010 by Susie Collins in Blog, Disability Rights, Government Regulation, Guest Bloggers, MCS, Social Justice

Eva Caballé reports on the meeting between Multiple Chemical Sensitivity associations and Ministry of Health officals in Spain, Feb. 4, 2010

Translated from Spanish by Eva Caballé

On February 4th 2010 at 12:00h has been held the meeting with Ministry of Health to state the situation of Multiple Chemical Sensitivity sufferers in Spain.

Mr José Martínez Olmos, Secretary General of the Ministry of Health, Mr Alberto Infante Campos, General Director of Professional Planning, Cohesion of SNS and High Inspection and Mr Francisco Valero Bonilla have attended to the meeting representing the Ministry of Health. One person by almost each MCS association has attended to the meeting and also Jaume Cortés, lawyer of Colectivo Ronda, and Dr. Pablo Arnold, immunologist specialized in MCS.

• ACAF: Cristina Montané
• AFCISQUIM: María Roldán
• Alas de Mariposa- SQM: Tránsito Rodríguez
• ALTEA – SQM: Cristobalina Bejarano
• APQUIRA: Mª Carmen Gómez de Bonilla
• AQUA: Mario Arias
• ASQUIFYDE: Francisca Gutiérrez
• AVASFASEM-AVASQ: Francisca García
• ENA: Laura Domínguez
• MERCURIADOS: Mª Carmen Miravete
• Plataforma Estatal Contra la Contaminación Ambiental: Minerva Palomar
• PLATAFORMA PARA LA FM ,SFC, SQM, reivindicación de derechos, Asociación Nacional: Elena Navarro

A petitions document done by MCS associations under David Palma coordination has been submitted. This document has been signed by:

• ABAF: Margarita Pascual
• ACAF: Maite Ribera
• AFCISQUIM: María Roldán
• Alas de Mariposa- SQM: Irene Escudero
• ALTEA – SQM: Cristobalina Bejarano
• APQUIRA: Mª Carmen Gómez de Bonilla
• AQUA: Mario Arias
• ASQUIFYDE: Francisca Gutiérrez
• AVASFASEM-AVASQ: Francisca García
• ENA: Rosa de Gabriel
• MERCURIADOS: Servando Pérez
• Plataforma Estatal Contra la Contaminación Ambiental: Minerva Palomar
• PLATAFORMA PARA LA FM ,SFC, SQM, reivindicación de derechos, Asociación Nacional: Elena Navarro
• Eva Caballé

Also a copy of Desaparecida: Una vida rota por la Sensibilidad Química Múltiple (Missing: A life broken by Multiple Chemical Sensitivities) has been hand delivered on behalf of Eva Caballé, who couldn’t attend to the meeting, as an example of what MCS sufferers have to go through in Spain.

The meeting with Ministry of Health has meant an agreement on minimum standards by the Ministry, but a big hope for all MCS sufferers.

Representatives of Ministry of Health have committed to contact MCS associations within 2 weeks to jointly agree on experts to form a Scientific Committee to create a document of consensus on the MCS. They have stated that this is the first step to make possible the inclusion of the MCS in ICD-10, i.e. its official recognition as disease in Spain. They have demonstrated that later there would be necessary to start creating the protocols.

All people who have been part of this process are thrilled by the result of the meeting, because doors have opened us to obtain the recognition of the Multiple Chemical Sensitivity in Spain and to achieve that MCS sufferers have the same rights as the other chronically ill people.

Link

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Tags: Children's Health, Environmental Health, Environmental Illness, Law, MCS, Multiple Chemical Sensitivity, Policy, Research, Work

Professor of chemical engineering urges students to go fragrance-free

Posted on Feb 03, 2010 by Susie Collins in Blog, MCS, Susie Collins

Chemical engineering professor at the University of New Hampshire encourages students to “be considerate to human canaries and help them to enjoy life to the fullest.”

Ihab Farag, professor of chemical engineering at the University of New Hampshire and member of our Canary Report community, wrote a letter to the editor at his school’s student paper to raise awareness about chemical sensitivity. And they published it! I’m a huge supporter of letters to the editor. Bravo, Ihab!

Many of us are familiar with canaries, the beautiful, colorful birds that tend to sing most of the time. Canaries also saved many human lives in coalmines. This is because canaries are much more sensitive to toxic gases than humans. Miners would take canaries with them in the coalmine. If the canary stopped singing and fell (or died), the miners knew to leave the coal mine quickly to safety.

There are individuals who have developed a very strong sensitivity to many common chemicals. These people can be very negatively affected and irritated by fumes, chemical cleaners, disinfectants, cigarette/cigar smoke, engine exhaust, solvents, etc. These people are often called “Human Canaries” of the modern world, because of the chemical sensitivity similarity to that of Canaries. Human Canaries of the 21st century tend to be very strongly irritated by everyday chemicals like perfumes, hair products, shampoos, shower gels, after shave lotions, antiperspirants, deodorants, hand sanitizers, chap sticks, finger nail polish, etc. Human canaries look the same as other people, and when you see one you probably will not recognize he or she is a human canary until an offensive toxic chemical triggers his or her sensitivity.

Please be considerate to human canaries and help them to enjoy life to the fullest. One way you can help the human canary and at the same time lower your exposure to undesirable chemicals, is to go fragrance-free: avoiding perfumes, and fragranced personal care products.

Ihab Farag
Professor, Chemical Engineering Department

Link to Dr. Farag’s home page at the University of New Hampshire.

Canary photo credit

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Tags: Chemicals, Children's Health, Fragrance, Health, Healthy Living, Indoor Pollution, MCS, Multiple Chemical Sensitivity, Perfume, Products, Sick Building, Toxic, Work

Short film: The People’s Grocery

Posted on Jan 29, 2010 by Susie Collins in Blog, Food, Media/Videos, Organic Gardening, Susie Collins

Food justice: The People’s Grocery in West Oakland is an inspiration to communities everywhere about the importance of a healthy diet and about knowing where your food comes from. Director of the project Brahm Ahmadi is a hero!

In West Oakland, California, where liquor stores have replaced markets, People’s Grocery is creating a healthy alternative, offering access to organic produce. Through urban gardens and local farms, People’s Grocery supports a culture based on connection to the land, sustainable agricultural practices, and regenerating community.

Brahm Ahmadi is the co-founder and executive director of People’s Grocery. He has a B.A. in Sociology from the University of California and is an MBA candidate at the Presidio School of Management. Brahm combines social enterprise, cooperative economics, urban agriculture, public education and youth development to build healthy and stable inner city communities. He is also Executive Director of the North Oakland Land Trust, which preserves properties in North Oakland for the exclusive purpose of community gardening.

Link (A great site with oodles of online films to watch!)

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Tags: Children's Health, Environmental Health, Food, Healthy Living, Organic, Video, Work

Poster for fragrance-free hospital care

Posted on Jan 26, 2010 by Susie Collins in Blog, Disability Rights, MCS, Susie Collins

This poster was designed as a public service project for patients requiring in-hospital care at hospitals that are still lacking a proper fragrance-free policy for the staff.

The poster comes in two versions: one for Multiple Chemical Sensitivity and one for Severe Allergic Asthma. Click here to download either one in print resolution.

I think the posters are FAB, but I knock off a couple points for using the word “allergen” in the MCS poster. As we all know, MCS is not an allergy, it does not have any of the physiological markers of an allergy. But that criticism aside, this poster rocks. I especially love the part where it says, “Patient is not a Fragrance Crash Test Dummy. Don’t just ‘come & see if it affects the patient.’”

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Tags: Air, Asthma, Chemicals, Environmental Health, Fragrance, Indoor Pollution, MCS, Multiple Chemical Sensitivity, Policy, Products, Sick Building, Toxic, Work

Never surrender, never give up!

Posted on Jan 11, 2010 by Susie Collins in Blog, Franny Armstrong, MCS, Susie Collins

Our very own Franny Armstrong, contributor at The Canary Report and author of steamy romance novels, is interviewed by Antonia Tiranth.

In the interview, Franny talks about what leads an author on the road to success when battling illness:

I have a chemical brain injury (called Multiple Chemical Sensitivity or MCS) that causes my body to react violently to simple things like fragrances, body products, cleaning products, gas fumes and much more. Since leaving the safety of my chemical-free home wasn’t possible, I became addicted to the Internet and to reading, however this wasn’t always possible due to the “mushy-brain-fog” I suffered which made it difficult to concentrate.

At the same time I was diagnosed with MCS, I was also told I had BiPolar II Disorder. Though the doctor assured me I wasn’t “nuts,” I was devastated, feeling like I’d just been given a death sentence since neither of the two illnesses had a cure. For years I could barely speak a sentence or remember a simple word. “I want tea,” though only three words, was difficult to say. I also slept up to twenty hours a day!

After losing so much time, I decided to do something with my life because I refused to allow illness to beat me! My motto became, “NEVER SURRENDER! NEVER GIVE UP!” and believe me, it worked. To date I have become a published author [with] my first book SMALL PACKAGES–A CHRISTMAS STORY released from Red Rose Publishing in December and what a feeling that was! I’d finally climbed past the limits of illness and accomplished what I’d never thought possible until now.

Author’s Demise comes out in March. Brava, Franny!

Link

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Tags: Art, Fragrance, Healthy Living, MCS, Multiple Chemical Sensitivity, Work

Canadian teacher fights for her right to workplace accommodations

Posted on Jan 07, 2010 by Susie Collins in Blog, Disability Rights, MCS, Worker's Rights

“The battles for those of us with disabilities, and especially for those of us with Multiple Chemical Sensitivity, are huge.”

Elaine Willis reports on her blog about Arbitration: Final Day… just waiting for a decision. Elaine has been in a lawsuit for years about workplace accommodations: SCHOOL DISTRICT 36 vs BC TEACHERS’ FEDERATION, ELAINE WILLIS, DUTY TO ACCOMMODATE, which will set precedent in Canadian arbitration law.

The battles for those of us with disabilities, and especially for those of us with Multiple Chemical Sensitivity, are huge. There are many false beliefs about our abilities and the nature of our disabilities. The truth remains that we are people, to be treated as all people, with dignity, equality and respect. We are not to be shut away in our homes as society continues to demand of us.

Education is enlightenment. I WILL CONTINUE TO BE A TEACHER! This process may enable me to do so for a living as well!

Here’s the statement Elaine read in court during the second day of arbitration back in August: I AM a teacher.

Brava, Elaine, for your warrior spirit and sense of what’s right! We are proud to have you as one of the flock.

Photo used with Elaine’s permission.

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Tags: Law, MCS, Multiple Chemical Sensitivity, Policy, Work

Veterinarian risks health to discuss chemical sensitivity on TV show

Posted on Dec 29, 2009 by Susie Collins in Blog, MCS, Media/Videos, Susie Collins

Veterinarian with chemical sensitivity risks her health to talk about MCS on German TV show.

Silvia Müller at the Chemical Sensitivity Network reports on the frightening experience of a veterinarian with chemical sensitivity who was interviewed for German TV.

Dr. Coretta Danzer agreed to go on a local German television show to talk about Multiple Chemical Sensitivity, but was exposed to so many toxic chemicals in the television studio that she is still suffering the consequences. My heart and my gratitude go out to Dr. Danzer for her sense of public service and her bravery at risking her own health to bring about awareness and understanding of Multiple Chemical Sensitivity. I wish her a speedy recovery.

Dr. Danzer explains in detail the discomfort she experienced in the studio. Here’s an excerpt:

They called us to the studio on the commercial break before our turn. As I did before, I protected myself passing through the halls and stairways with my charcoal-mask and in the acrylic glass case [the studio had provided for the interview] I applied my oxygen to avoid coughing. The stink inside the box was as bad, but outside it was even worse. I allocated all my power and tried to concentrate as well as possible to answer all questions well. It was very, very straining. My head felt like it would burst, my eyes burnt like fire, as did my throat and my bronchial tubes. I felt dizzy and bad. [...] I was glad when our contribution was over. But I had to wait in the box until the end of the following item, before we were allowed to leave the studio. Two weeks after the broadcasting I am still symptomatic. Every once a while I still taste this disgusting flavor of plastics and I’m even more sensitive than I was before the show.

Link to full report at the Chemical Sensitivity Network.

Thanks, Silvia!

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Tags: Chemicals, Indoor Pollution, MCS, Multiple Chemical Sensitivity, Toxic, Work

Environmental illness and disability law proposed in Italy

Posted on Dec 27, 2009 by Susie Collins in Blog, Disability Rights, Government Regulation, MCS, Policy, Social Justice, Susie Collins, Worker's Rights

Silvia Müller at the Chemical Sensitivity Network wrote to tell me there’s an Italian law proposal for environmental illnesses and disability. The proposed law includes definitions of various environmental illnesses such as Multiple Chemical Sensitivity and Electromagnetic Sensitivity, diagnosis and prevention guidelines, guidelines for health care professionals, building and planning rules, employment protections, and financial coverage.

This is really good news. We are seeing country after country enact these types of laws, most recently Germany and Japan. Getting these laws enforced is another story, but we should still celebrate this forward momentum toward global recognition of environmental illnesses, moving us closer to full rights given to those who need medical care, safe housing, financial, and other support.

MeP DOMENICO SCILIPOTI (IDV): “HOW TO HELP PEOPLE AFFECTED BY ENVIRONMENTAL DISABILITY”

PRESS RELEASE, Rome 21.dec.09

“In order to help people with Environmental Disabilities whose survival and quality of life depend not on drugs, but on avoiding certain environmental factors, today I presented a project of law about this issue”, comments On. Scilipoti. “The law is meant for environmentally triggered diseases such as Multiple Chemical Sensitivity (MCS), involving a loss of tolerance of chemicals, or Electromagnetic Hypersensitivity (EHS), forcing the affected ones to get far from electromagnetic fields emitted by mobiles, Wi-Fi, electric cables, etc. But the law is also meant for genetic, metabolic, neurological or immunological disorders such as fibromyalgia or CFS (involving chemical intolerances) or favism, which gives serious reactions to legumes. Other cases of environmental disability are seen in autism, epilepsy, migraine and lupus that involve reactions to fluorescent lighting”. “It’s important to discuss this law as soon as possible in order to give an answer to these people”, Scilipoti concludes.

Link to read entire law proposal.

Thanks, Silvia!

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Tags: Environmental Illness, Law, MCS, Multiple Chemical Sensitivity, Policy, Support, Work

Multiple Chemical Sensitivity and Social Security Disability, Part 7

Posted on Nov 16, 2009 by Susie Collins in Blog, Disability Rights, MCS, Michael Walkup

There are many pitfalls for people with Multiple Chemical Sensitivity applying for Social Security Disability Insurance. I recommend that MCS clients get in touch with me before they make the Social Security Disability Insurance application, or maybe even while they are still working and trying to get accommodations from their employers.

Post by Michael Walkup, attorney at law.

This is the last part of a series on disability law as it relates to MCS claims.

Representation on your claim

One question people with Multiple Chemical Sensitivity always have is whether or not to retain a representative on their Social Security Disability Insurance claim, and, if so, when in the process is the best time to do this. They may also want to know if it is best to get an attorney or a non attorney, and if they should hire someone in their immediate area or someone from a national firm.

Anyone is allowed to serve as a representative in a Social Security Disability Insurance claim. Only attorneys and those representatives who are certified by the Social Security Administration can get direct payment of their fees, however. Others have to be paid directly by the client. Attorneys are automatically allowed to both represent claimants before SSA and to obtain direct payment of fees. Other people who wish to have withholding and direct payment of fees have to take a national test and be certified by SSA.

Attorneys can practice before SSA in all 50 states so long as they are a member of the bar in any one state. Other representatives can likewise practice in any state.

One advantage of hiring an attorney rather than a non attorney is accountability for malpractice. Attorneys will generally have malpractice insurance, and this can be verified by checking with the bar association that registers attorneys in the state or states in which they are licensed. Non attorneys have no such insurance.

Another advantage of an attorney is the training they receive in the practice of law, which is readily transferable to SSDI claims, and their years of experience in the court systems. There are no training programs as such for non attorney representatives, although some of them are trained as vocational experts, nurses, paralegals, insurance claim representatives, etc.

If you do hire anyone, be sure that you find out exactly what their experience is in Social Security disability claims, and possibly in the area of your particular impairments as well. When it comes to MCS, most attorneys, even those who specialize in disability claims, often have little experience.

My website, www.MCSLegalHelp.com, contains a list of “Ten Questions To Ask Your Lawyer,” which can give you further guidance.

When to get a representative

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Tags: MCS, Multiple Chemical Sensitivity, Work

Perfume, poisoning, and green spaces

Posted on Oct 22, 2009 by Susie Collins in Blog, Linda Sepp, Media/Videos, News

Canary’s Cry.

Post by Linda Sepp.

Green and Save reports on Perfume and Colognes: Dangerously Chemical.

CTV News reports that getting the recommended treatment for severe carbon-monoxide poisoning depends on where you live in Canada and who your doctor is.

CBC News reports green spaces boost the body and the mind.

Reuters reports polluted air may give you a headache.

Building Green reports on an EPA warning: Older buildings may harbor PCBs.

The Canadian Center for Occupational Safety reports a webinar will be held on ototoxic industrial chemicals and potentially harmful exposure. Dr. Thais Morata of the U.S. National Institute for Occupational Safety and Health will discusses the effects of chemical agents, the interaction between these agents and noise, and strategies for preventing work-related hearing loss.

The Star reports Web surfing boosts brain circuitry in older adults.

King’s College London reports on research showing pesticides exposure is linked to suicidal thoughts. Full article here.

The Wall Street Journal reports a bill backed by industry and environmental groups would set federal limits on a potentially dangerous chemical inside your home: formaldehyde.

Best selling author Barbara Ehrenreich has a new book out, Bright-sided: How the Relentless Promotion of Positive Thinking Has Undermined America. I just saw her talking about it on the Daily Show and she was brilliant. She said there’s an empathy deficit (no kidding). She also said, “I never think delusion is ok.” YAY for speaking up!

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The health and ability for those with environmental sensitivities rests with the choices and actions of others. For more information, see The Medical Perspective on Environmental Sensitivities.

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Tags: Air, Books, Canary's Cry, Chemicals, Environment, Environmental Health, Fragrance, Home, Indoor Pollution, Perfume, Pesticides, Products, Research, Toxic, Video, Work

Multiple Chemical Sensitivity and Social Security Disability, Part 6

Posted on Oct 21, 2009 by Susie Collins in Blog, Disability Rights, MCS, Michael Walkup

In addition to or instead of benefits under Social Security Disability Insurance or Title II of the Social Security Act, you may be entitled to Supplementary Security Income benefits.

Post by Michael Walkup, attorney at law.

In my last column, I discussed circumstances of re-filing your Social Security Disability Insurance application at the time of taking an Appeals Council appeal, while still pursuing that appeal. Let me talk a bit more about re-filing for SSDI, and then also discuss Supplementary Security Income in relation to SSDI and Medicaid.

Re-Opening Claim for SSDI

Again, as I have discussed in previously, many Multiple Chemical Sensitivity sufferers have older applications that they did not appeal or tried to return to work and dropped their claims. In some circumstances, these earlier applications can be reopened. If you file a new application for benefits, it’s considered a constructive request to re-open any prior claims. If you re-file within one year of the Initial Denial decision, the claim is automatically re-opened. The prior claims can also be re-opened if a new application is filed within four years of the Initial Denial and you submit new and material evidence that was not available at the time of the original application or was not obtained and used in the decision. You can also re-open at any time if there is a severe mental impairment, which prevented you from acting in your own behalf.

The advantage of re-opening is that all of the benefits which had accrued during the original application can be obtained if you are successful, not just the ones that accrue after filing the new application. This can mean a fairly large award can be obtained.

Bear in mind that the time is calculated from the first denial letter you received on your claim, not the Administrative Law Judge decision or Appeals Council decision.

Supplementary Security Income

In addition to or instead of benefits under SSDI or Title II of the Social Security Act, you may be entitled to Supplementary Security Income benefits, or SSI.

SSI is basically a welfare program and allows people who are disabled and also are poor enough to fall under the federal poverty guidelines, to receive benefits if they are unable to work. People over 65 who do not have other income or resources automatically get SSI.

An important difference between the SSI benefits and the SSDI program is that for SSI you do not have to have enough “current credits” in covered employment or to ever have had a work history. This can be an advantage to those people who may only have worked a short time, or were homemakers for many years before becoming disabled, or who did a lot of part time work or work in which they were paid in cash or were self employed and did not pay taxes.

However, to get SSI benefits, you have to also be poor enough, which tends to preclude people who are married with working spouses. Also, if you are receiving “in kind” support, such as having your rent covered by a friend or relative, it will reduce the amount you may receive.

Another advantage of the SSI benefits is that there is no “waiting period” between the time you became disabled and first month in which benefits can be paid. However, there is also no payment for retroactive benefits prior to the month in which the SSI application is made, whereas with SSDI you can get retroactive benefits for up to a year before the month in which you applied.

Medicaid is available if you are approved for SSI but not Medicare.

If your SSDI monthly payment is less than the current SSI monthly amount, you can receive enough SSI in combination with the SSDI to bring you up to the SSI payment if you otherwise qualify.

To be continued.

Link to all columns by Michael Walkup.

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This series on Multiple Chemical Sensitivity and disability rights is written by Michael Walkup, attorney at law.

Michael is an experienced disability practitioner with more than 25 years experience in the disability law field. In 2001, he became disabled due to Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and Fibromyalgia Syndrome (FMS). He now provides a service to advise clients with potential disability claims who have MCS, CFS and/or FMS. As these programs and law are usually federal, he is able to practice in all 50 states and, therefore, represent clients regardless of location.

Michael is a long time Sustaining Member of the National Organization for Social Security Claimants’ Representatives, the only national body for disability representatives. He is also certified as a Federal Trial Lawyer and is admitted to the U.S. Court of Appeals for Veteran’s Claims.

Michael would welcome the opportunity to possibly help with disability claims. For more information, visit his website MCS Legal Help at walkuplaw.com. Contact info: email MJWalkup@Amertech.net or call 866-880-4878.

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Tags: Disability Rights, Indoor Pollution, Law, MCS, Multiple Chemical Sensitivity, Sick Building, Work

Documentary film: Allergic to the 21st Century

Posted on Oct 02, 2009 by Susie Collins in Blog, Disability Rights, MCS, Media/Videos, Susie Collins

Videos: Documentary on Electromagnetic Sensitivity and Multiple Chemical Sensitivity made for United Kingdom’s Channel-4.

“Allergic to the 21st Century” is produced and directed by Anne-Claire Pilley and features Sarah Dacre (at left), Roger Moller and Adrian Gray.

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Tags: Air, Chemicals, Environment, Environmental Health, Environmental Medicine, Film, Home, MCS, Multiple Chemical Sensitivity, Personal Care, Pesticides, Policy, Products, Research, Sick Building, Toxic, Video, Work

Multiple Chemical Sensitivity and Social Security Disability, Part 5

Posted on Sep 26, 2009 by Susie Collins in Blog, Disability Rights, MCS, Michael Walkup

Appeals: You can estimate that it will take at least a year for the Appeals Council to render a decision.

Post by Michael Walkup, attorney at law.

Although each stage of the Social Security Disability process can be called an “appeal,” what I will be talking about here are appeals from adverse decisions following a hearing before an Administrative Law Judge (ALJ).

An adverse ALJ decision will be called an “Unfavorable Decision.” You may also appeal a “Partially Favorable Decision,” which will be a decision in which you were awarded some, but not all, of the benefits you were seeking. If you won entirely, it will be called a “Fully Favorable Decision.” You cannot appeal a Fully Favorable Decision even if you don’t like the rationale that was used to award the benefits, e.g. mental impairment.

You have 60 days to appeal an adverse decision which is done by filling out a form and sending it to the Hearings Office. The entire file, including the decision and a disc of the hearing testimony, will be sent to the Appeals Council in Baltimore, Maryland. You can send in additional evidence and make additional arguments, which again are done in writing only, to the Appeals Council.

You can estimate that it will take at least a year for the Appeals Council to render a decision. You can keep updating your file and adding evidence while that is going on. The average amount of time the person reviewing your file will spend on your case for the review is about fifteen minutes, so keep any comments short and to the point.

To the extent that anything favorable happens at the Appeals Council it will be probably be to remand the case back for an additional hearing with instructions to the ALJ rather than an outright reversal. The exception to this would be if there is some definitive evidence of a non Multiple Chemical Sensitivity condition which is disabling, such as bi polar disorder, for example, that was not raised before, or some definitive testing. This will not tend to apply in MCS cases, so you should at best look forward to a remand for an additional hearing. The remand hearing will be in front of the same judge as denied the claim originally, unless you move out of that Hearing Office’s area, in which case it will be transferred to the new office and re-assigned to a different judge. Your chances will be better if you can get the remand heard by someone new, “hint hint.”

If you lose at the Appeals Council, you can file a lawsuit against the Social Security Administration in the Federal District Court for your area. These are again decided entirely on paper with briefs submitted by both sides. A transcript has to be prepared of the hearing testimony. If the audio disc is not audible, the case will be remanded for a new hearing automatically.

Federal court cases are difficult in MCS claims as the federal courts tend to follow more restrictive rules of evidence for admission of expert testimony. Even though there are no rules of evidence in Social Security Disability cases, I find that these rules tend to influence the thinking of the federal judges nevertheless, making it difficult to convince them to accept what may be considered non-standard tests and opinions. The decision from any federal appeal also will be published nationally, so it can create a bad precedent for others. I therefore tend to discourage federal court appeals in favor of advising my clients to re-file for benefits, where possible.

You may re-file your application at the time of taking the Appeals Council appeal, while still pursuing that appeal. As the Appeals Council will take a year or more to decide your appeal, and, at best, will probably be sending it back for another ALJ hearing, which will take time to schedule, the amount of time it will take on an entirely new application may not be that much different. Also, even if you are still living in the same area, the new application will be assigned randomly to one of six or more ALJ’s in that Hearing Office, so the chances are that you will be assigned a different judge than the one that denied the previous claim.

The exception to this is if your “Date Last Insured” for disability benefits had expired before the date of the ALJ Decision. In that case, you will not be able to re-file a new application and will have to take all available appeals.

I will talk about that more in the next installment.

To be continued.

Link to all columns by Michael Walkup.

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This series on Multiple Chemical Sensitivity and disability rights is written by Michael Walkup, attorney at law.

Michael is an experienced disability practitioner with more than 25 years experience in the disability law field. In 2001, he became disabled due to Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and Fibromyalgia Syndrome (FMS). He now provides a service to advise clients with potential disability claims who have MCS, CFS and/or FMS. As these programs and law are usually federal, he is able to practice in all 50 states and, therefore, represent clients regardless of location.

Michael is a long time Sustaining Member of the National Organization for Social Security Claimants’ Representatives, the only national body for disability representatives. He is also certified as a Federal Trial Lawyer and is admitted to the U.S. Court of Appeals for Veteran’s Claims.

Michael would welcome the opportunity to possibly help with disability claims. For more information, visit his website MCS Legal Help at walkuplaw.com. Contact info: email MJWalkup@Amertech.net or call 866-880-4878.

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