I just got word after having a hearing with a disability hearing officer, which was the first step in the appeal process. I was well prepared and presented phsical therapy records, medical records and letters from doctor and employer. I had gone back to work part time at job where I earned under the limit of $900 per month. I recently left this job stating that I felt I still had residual effects ( i.e.
I just got word after having a hearing with a disability hearing officer, which was the first step in the appeal process. I was well prepared and presented phsical therapy records, medical records and letters from doctor and employer. I had gone back to work part time at job where I earned under the limit of $900 per month. I recently left this job stating that I felt I still had residual effects ( i.e. fatigue and shoulder issues after lymph node disection) and because my immune system seems to be compromised as I constantly caught viruses from the young children I worked with.
My docto'rs letter stated my life could turn around at any time. The reviewing doctor's advisory opinion was that "fatigue post chemotherapy would limit claimant's physical function to lighter work". The work I have always done, as a preschool teacher is described as light work in the Dictionary of Occupational Titles.
I even brought up a case precedent that was set in August of 2010 when a judge ruled in district court that cancer is a disability under the American's with Disabilities Act Amendment Act even if it is in remission [Hoffman vs. Carefirst of Fort Wayne, 2010 U.S. District Lexis 90879, 8/31/2010 no. 1: 09-CV-251 ]. She did not comment on this.
Next step is to wait up to 9 months for my hearing with an administative judge. I will be able to keep medicare and SSDI because I filled out a form- which one must ask for-to continue benefits. I need to find an attorney who is willing to take on this case probono since I would not be getting a lump sum should I win.
So, please be warned going back to work can be used against you when your disability is reviewed a the 3 years "free of neoplastic disease" mark. By that time one is considered medically improved under their guidelines.
.
