[Kimberly]

#1171447

Hello and welcome to the forum.

Wow, you have had quite a lot to deal with on this journey. The following information might be of interest to those looking to balance work issues with a Graves’ diagnosis:

(Note on links: if you click directly on the following links, you will need to use your browser’s “back” button to return to the boards after viewing. As an alternative, you can right-click the link and open it in a new tab or new window).

https://askjan.org/soar/other/thyroid.html

The Job Accommodation Network is a service provided by a division of the U.S. Department of Labor.

However, I’m not an attorney and am not sure how the Americans With Disabilities Act works in conjunction with individual state employment laws.

My personal observation is that your employer certainly could have shown you more respect, especially given your long history of service and your great track record.

However, it looks like you were trying to balance a SERIOUSLY demanding job at a time when you were already feeling unwell. I don’t think I could have kept up that pace when I was initially diagnosed, and you were dealing with much more severe complications than I was.

I wish I had a better answer for you. I hope that you can find a more friendly place to work. In the meantime, this web site has a function where you can search by zip code for clinics that offer free and reduced cost care, regardless of whether you have insurance:

http://www.hrsa.gov/index.html

Take care — and keep us posted on how you are doing!

[catstuart7]

#1171448

Wow Kimberly, that is really awful. Have you consulted a lawyer at all? I know it sounds money is tight but maybe there’s a way to get a free evaluation of your case. To deny someone with a diagnosed serious illness family/medical leave sounds illegal to me. I’m not a lawyer or anything, but just subjective thoughts. Aren’t they required as well to let you keep your insurance for a while – the COBRA benefit?

[TammyB]

#1171449

Thanks for your response Kimberly. I wish I had found this site 2yrs ago, seems like a lot of good support from many people. I have researched and read many medical books and sites but you don’t get any true info on the emotional impact of this dz. Most people have no clue untill they have been there themselves. Hope to post again soon- and maybe have some insight that could help others. Thanks again, Tammy

[TammyB]

#1171450

Hello and thanks for reading my post. I have been seriously thinking about any action that I might be able to take. That is what led me to this site to begin with and now I am glad I found it. Problem is that I was fired on 11/23/12 and I only have 180 days (from what I have read) to file a complaint per the Americans with Disabilities Act website. That is why I said I only want people to be honest and not try to just make me feel better (looking back I think this may have made me sound unfriendly). Anyway I have always been a passive type of person- did not want to cause any conflict and I am sure this did not do me any good when it came to dealing with my ex ENT doctor or my employer. Funny how I never had a problem being an advocate for my pts. If I was caring for a pt in my situation, I would have definitely had a talk with them and let them know they can’t just ignore the situation and helped them sort things out and develop a plan. Just was not able to do this for myself even though I knew better. Back to my current problem- does anyone know if having Grave’s dz is consider a legitiment disbility. I feel that it is, although I may be a little bias on my own behalf. I am really torn up about this. This is not about monitary gain- just want my pride back. I truely felt humiliated and worthless with how this all happened. As I stated before I really loved my job and would have done or given anything to keep my job and not be thrown out the back door like a bag of trash. I have had no desire or confidence to even look for a new job- even though I desperately need to since I have 2 children in college and have nothing coming in at the moment. Has anyone one had any similar experiences? Would love to hear from you. Thanks again catstuart7 for responding to my post. Oh I did check into COBRA benifits and it would of cost me just under $2000/mo to keep my same level of health insurance for me and my family. This was not anywhere close to an option for me but I do appreciate the suggestion.

[Kimberly]

#1171451

Hello – Graves’ disease is *not* one of the medical condition flagged as a “compassionate allowance” where they will put a disability claim on the fast track.

Instead, you will need to show the impact of Graves’ disease — for example, the effect on your heart. Here is some info:

(Note on links: if you click directly on the following links, you will need to use your browser’s “back” button to return to the boards after viewing. As an alternative, you can right-click the link and open it in a new tab or new window).

http://www.socialsecurity.gov/disability/professionals/bluebook/9.00-Endocrine-Adult.htm

If you do decide to file, it can be helpful to have an experienced attorney in your corner. Here is a referral site that might be helpful:

http://www.nosscr.org/

Take care!

[catstuart7]

#1171452

Hi Tammy, it seems critical that you have insurance. I don’t know the details of when Obamacare kicks in but one change is that insurers do have to take people with preexisting conditions. What if you just insured yourself and not your children? I know that would be a shame but you are in a serious health situation. I guess everything depends on where you live too. About disability there are lawyers who will take on your case for free if you agree to certain terms – might be worth looking into.

[Kimberly]

#1171453

Hi all – I’m working a conference Mon./Tues. for endocrine surgeons, but wanted to add a quick note that by law, a disability attorney cannot charge you until your case is settled in your favor, although they *can* bill for reimbursement for reasonable expenses such as photocopying medical records.

The attorney’s final payment once the case is settled is limited to a percentage of back pay or a certain dollar amount, whichever is less.

Take care!

[Darcy43]

#1171454

Kimberly is spot on.

If you were receiving treatment and they were aware of it and your performance suffered but you were getting treatment for a medical condition, you may have a case regarding wrongful termination. Definitely seek the advice of an experience lawyer and even if it doesn’t fall under the ADA, wrongful termination is illegal…even if it is an AT Will state. You have 180 to file a Complaint before the statute of limitation run out. I would file that Complaint and see what happens. It cannot hurt. As long as the Complaint is filed timely, this will buy you some time to get a lawyer. You can actually get a form off the internet, state your name, jurisdiction, damages, etc. and file the complaint to initiate the lawsuit just so you will not miss the deadline and then hire an attorney ($200 usually). Again, not giving legal advise, just proceedural. I hope you saved each and every email, paper trail, etc. because you are in for a fight nonetheless.

Some attorney may take your case on a pro bono (free) basis. They have a certain amount of hours to keep regarding pro bona cases per year.

Good luck (I work in a law firm – certified paralegal 24 years and I do products liablity, personal injury, tort litigation and family law – all defense, but hope it helps).

[Darcy43]

#1171455

Kimberly was right with the cost. Some attorney say if they lose you do not pay (fees) but you will be responsible for “costs” – letters, postage, copies, etc.

[TammyB]

#1171456

Thanks again for all the great info I keep getting from everyone. It has been so very helpful. As far as applying for disability goes- I just read about a job posting for a position I feel would be good for me. It’s for 30-35hrs a wk, no weekends and physically I don’t think it would be too stressful. Best of all it would be working for the county so I know the benefits would be there. Qualifications are for a 2yr degree (I have my BSN) and 1-2yrs maternal/child exp preferred (I have 15yrs) So I am going to see what happens with that first. I have to admit I am a little afraid because if it doesn’t work out I am not sure if I can handle any more rejection. I know I need to try though. So please wish me luck and maybe even a quick mention in your prayers if you don’t mind.
As for the ADA claim that is the hard one and as I mentioned the 180days are getiing very close. I know IL is an At Will state and when I applied for unemployment it was denied stating I was fired due to intentional misconduct on my behalf. During the interview they were reading me statements that I had never heard and mostly untrue or straight out lies. At that point I just shut up, rolled over and played dead because I did not know what to say. How do you call one of the largest employers in city a liar (esp in a city with record breaking unemployment rates). Anyway I am afraid of that happening again. I have however kept all write ups (for abscences and c/o “misconduct”) along with copies of MD excuses (even though per my Director those don’t matter), old schedules to show who and if I was working with anyone else at the time, pay stubs to show how many hours I was working and more. As the saying goes I may be dumb but I am not stupid…will keep you posted.

[NLBatten]

#1171457

Hi Tammy. I don’t have anything really important to add other than I will be praying for you that you get that job. Sounds like it could be perfect for you. Keep us posted.

[Darcy43]

#1171458

Nope Tammy you are not stupid you are very very smart and you will get the job that you deserve.

I will keep you in my prayers. Hang in there and please keep us posted.

[ncpatches]

#1171459

Prayers for you dear lady. I’m scared to death something like this might happen to me. But I’m becoming more afraid of NOT being able to do my job anymore.
I’ll be praying that you get that job, that will be great for you!

[emmtee]

#1171460

You’re in my prayers.

[Author]

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