About Edward L. Zelmanow, Esq. Expertise I can answer questions regarding Disability Insurance Law. If disabled due to an illness and/or injury and unable to work, talk to me before you file your disability claim with your Group or Individual Disability Insurance carrier. Claim denied or terminated, maybe I can give you some guidance.
Experience Worked in the Disability Insurance field for UnumProvident and Aetna for eight years. In private practice representing clients who have been denied or terminated by Disability Insurance carriers.
Organizations Maine Bar Association
Education/Credentials Juris Doctorate, 1995 - New York Law School
Admitted to practice law in the following states:
Maine
New York
Connecticut
Question i have fibromyalgia and major depression. i am seeing a doctor for each. i try to work as much as i can but i am only able to work sporadically. when they ask questions on what i can/cannot do i am not sure how to answer. when i say that i can work for 5 hours in a day but not consistently they say that i can work 30 hours a week so i am not disabled, but if i say i cannot work or do this or that (because i can't do it consistently) they say that i am unbelievable because i sometimes work a lot of hours or sometimes do this or that. how do i answer them so that i am telling the truth and so that they will believe me? the people who are "representing me" will not answer my questions and help me understand what is going on. please help me. thank you.
Answer Jeni-
I am unsure who you are referring to when you say "they ask questions" or the people who are "representing me". If you currently have an attorney, then you really should speak with that individual.
Anyway, I do not see how they get 30 hours per week when you can only work 5 hours per day. Unless you are scheduled to work 6 days per week.
When you are asked why you can't work one minute and then seem ok the next, simply respond that your medical conditions are such that you will sometimes have the ability to perform the duties of your occupation, but this ability comes with a price. You find that after working, you are mentally and physically exhausted. That even during the times when you are working, you are struggling through the pain.
Jeni, you will find that fibromyalgia is a medical condition that most people in the disability insurance industry do not believe in because it is a condition not easily proved using objective testing. In other words, you can't do a blood test, take an x-ray, or any other testing to prove that the condtion exists. The same holds true for depression. There are many medical professions and studies that say that the fibromyalgia is actually a physical manifestation of the depression. This is usally the case unless the pain came first. In those cases, the depression usally is caused by the pain. It is complicated, which is why it is so misunderstood.
Your employer cannot ask about your medical condition. No exceptions. They do not have a right to know any details of your medical status. All they should be told is whether you can perform the material duties of your occupation and if so, can these duties be done on a full-time or part-time basis and are any reasonable accomodations required.
I hope you have a local attorney working with you and your doctors. If not, I would strongly suggest you speak with one as soon as you can.
Good Luck.
-Edward L. Zelmanow, Esq.
www.GreenbergAndGreenbergLegal.com
