How to apply for disability benefits due to Multiple Chemical Sensitivity

[Guest guest]

How to apply for disability benefits due to Multiple Chemical Sensitivity

http://www.thecanaryreport.org/2009/02/02/disability-benefits-due-to-multiple-ch\

emical-sensitivity/

February 2, 2009 by Susie  

It’s important to seek competent legal advice before applying for disability

benefits to avoid ultimate denial due to common mistakes in filing.

I’d like to welcome Walkup, attorney at law, as a guest blogger on The

Canary Report. specializes in disability claims, and will be guest

blogging monthly here on The Canary Report about disability law in relation to

Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and

Fibromyalgia Syndrome (FMS).

Along with his law practice, also owns and runs Walkup Heritage Farm and

Gardens, located on the original Walkup family land in Crystal Lake, Illinois.

The farm specializes in the sale of native plant species, such as prairie and

woodland plants, as well as “heirloom” ornamental flowering plants and

vegetables.

Below is ’s first contribution to The Canary Report, where he discusses

the issues that should be considered before filing for disability benefits. He’s

happy to respond to your questions in the comment section. Let’s give a warm

welcome and big thank you to Walkup for so generously sharing his

expertise with us. Thanks, !

If you are suffering with Multiple Chemical Sensitivities (MCS), it is possible

that you will eventually become unable to work and will seek various types of

disability benefits.

It is extremely important that you seek competent and experienced legal advice

before doing so or you could face ultimate denial of needed benefits.

There are several types of disability programs potentially available. The one

that is selected, and the order in which that is done, however, is of vital

importance.

To be brief, you may have the following options: (1) short term and long term

disability insurance provided by an employer; (2) disability insurance purchased

personally (not through an employer); (3) workers compensation (state or

federal); and (4) Social Security disability and/or Supplemental Security Income

from the U.S. Government.

Some of my clients are reluctant to file for Social Security Disability as they

want to assign blame to their employer or third party, or may feel that they

“paid” for their disability insurance so they ought to be able to receive it if

they become unable to work. However, as is explained below, this approach may

cause serious problems in the long term.

First, the chances of success on disability insurance claims are not good for

Multiple Chemical Sensitivity (MCS), Chronic Fatigue Syndrome (CFS) and

Fibromyalgia Syndrome (FMS) sufferers. Additionally, the law for appeals is very

restrictive for employer sponsored disability plans. Private individually

purchased plans, while not having the same appeal restrictions, may nevertheless

require you to incur huge legal expenses using the state court systems. Most

lawyers will not want to take these types of cases on a contingency basis.

Second, in insurance claims, you will be treated as part of an adversarial

system and will be sent to doctors who are “hired guns” for the insurance

industry. They are likely to issue negative reports, including assertions that

there is no “scientific basis” for the MCS diagnosis. This can then find its way

into a Social Security file and result in a denial of Social Security Disability

Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits

Workers compensation plans will also require that you show a “causal

relationship” between your work conditions and your impairments, and that you

were exposed to a “risk of injury” higher than that of the public at large

outside of the employment. This can be very problematic for MCS due to the

multiplicity of non occupational exposures that are everywhere in the modern

world.

Many disability insurance policies also have limitations or exclusions for

“mental impairments” causing benefits to be denied or terminated after a period

of payment, usually two years. Insurance company doctors will therefore often

allege that MCS is a “psychogenic or somatoform disorder” to place the claim in

a limited pay status.

A more recent development is the appearance in some disability insurance

policies of provisions to limit benefits to two years if the impairments are

based on “self reported conditions,” which would apply to most MCS and related

cases. The validity of this type of limitation has not yet been litigated to my

knowledge.

You may also be required to file for Social Security Disability as a condition

of continuation of insurance benefits. Any disability benefits you may be

awarded from a disability insurance policy will usually also be reduced or

“offset” by any Social Security disability payments. Workers compensation

benefits will be subject to or cause similar offsets. Therefore, the total

additional monthly benefit you receive from insurance or workers compensation

claims may not be that much higher than if you had just applied for Social

Security Disability.

Claims before the Social Security Administration are more likely to be

successful, particularly if you appeal the case at least to the hearing level.

The cases are non-adversarial and the Rules of Evidence do not apply. Doctors

used by the U.S. government also don’t necessarily have the type of agendas seen

with those hired by the insurance industry to deny claims, and may not even be

specialists in the correct medical area. If, however, you have applied for an

insurance claim, adverse medical reports may be generated that can jeopardize a

Social Security claim. This could leave you with no hope for future benefits

from any source.

It is therefore recommended that you think carefully about applying for any

insurance benefits for MCS, CFS and/or FMS and consult with an experienced

attorney in this field before doing so. As there are often time limits with

respect to filing for insurance claims, each case needs to be carefully reviewed

and discussed before any decisions should be made.

Walkup 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.

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.

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@... or call 866-880-4878.