RE: Continuing difficulties getting a Disability Pension

[Guest guest]

WOW! You have been through the wringer. I wish you the best.

Jenn

>

>Reply-To: Mito

>To: Mito

>Subject: Continuing difficulties getting a Disability Pension

>Date: Thu, 03 Jun 2004 21:42:48 -0000

>

>I have been sick and unable to work since 1996 and until 1998 was

>collecting disability insurance through my employers group plan. My

>employer " out sourced " all of the people in my department.

>Coincidently, about the same time as the terminations, though my

>health problems had not improved, the insurance company terminated my

>disability insurance.

>

>I used up my severance money and then, over time, I cashed in my

>RRSPs. I thought that whatever was (affecting my health would

>eventually ease off; so I did not apply for any type of assistance. I

>had hoped that once " this thing " passed I would go out and

>get working again. (My wife is the only wage earner and the income

>is not as great as the outgo)

>

>I had been diagnosed with Crohns disease in 1982; subsequently, that

>diagnosis was changed to ulcerative colitis in 2002.

>In 1994 I was hospitalized with cardio problems followed by severe

>angina problems.

>In 1990 I was diagnosed with Diabetes.

>In February 1996 I came down with what I thought was another bout with

>Crohns. Along with the chronic diarrhea, I developed a constant

>fatigue that was later diagnosed as Chronic Fatigue Syndrome. As time

>progressed I developed more symptoms/ health problems.

>

>About 2001 I finally lost my battle with the insurance company but I

>still thought that I would " get over " whatever it was that was

>affecting my health.

>

>In early 2002, after being diagnosed with " Mito What!?!? "

>(Mitochondrial Cytopathy) I finally clued in that " this

>thing " was not just going to go away. As symptoms continued to

>multiply, I decided that it was time to apply for a Canada Pension

>Plan Disability Pension.

>

>After going through the various levels of appeal and being repeatedly

>denied a disability pension, I applied, to the court that oversees the

>last stage of appeal, for what is called a Leave to Appeal.

>

>We're not wealthy enough to hire a lawyer, but too wealthy (yeah

>right!) to get a Legal Aid lawyer. However, I was given a little free

>advice by a legal aid lawyer. I was told that I could go ahead and

>apply for " leave to appeal " but that only 5% of the applicants are

>successful. The lawyer did say, " Go ahead, you have nothing to lose by

>trying "

>

>The report by the review board was put together very poorly,

>(composition wise) there were glaring errors and quotes attributed to

>me that were just not stated by me.

>

>With nothing to lose, I put together my appeal.

>

>It took a looong, looong time to get it all together, because of

>fatigue, brain fog days, days when I was just too frustrated to try

>and sort through the extremely unprofessional report that was filled

>with redundancies, Looking at a screen (computer/TV) often causes my

>vision to go blurry, and because of my " hunt and peck " typing skills.

>

>Because my application was not (what I would consider) diplomatic or

>politically correct) I thought that I stood the proverbial " snowball's

>chance in.., " of being granted leave to appeal.

>

>Last week I received, by courier, the documents that grant me leave to

>appeal. This was very surprising to me and my wife was very excited

>about it too.

>

>It's great to have been granted Leave to Appeal BUT ...it's still

>unnerving to think that I will be up against legal pro's with their

>medical experts.

>

>Regards

>

>Ken

>

>

_________________________________________________________________

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[Guest guest]

Thanks Jenn, I appreciate your good wishes.

There may be more hope since I have been referred to a REAL mito doc,

a Neurologist who is extremely knowledgeable/experienced regarding

Mitochondrial Disease.

Ken

>

> WOW! You have been through the wringer. I wish you the best.

>

> Jenn

>

> >From: " Ken "

> >Reply-To: Mito

> >To: Mito

> >Subject: Continuing difficulties getting a Disability Pension

> >Date: Thu, 03 Jun 2004 21:42:48 -0000

> >

> >I have been sick and unable to work since 1996 and until 1998 was

> >collecting disability insurance through my employers group plan. My

> >employer " out sourced " all of the people in my department.

> >Coincidently, about the same time as the terminations, though my

> >health problems had not improved, the insurance company terminated my

> >disability insurance.

> >

> >I used up my severance money and then, over time, I cashed in my

> >RRSPs. I thought that whatever was (affecting my health would

> >eventually ease off; so I did not apply for any type of assistance. I

> >had hoped that once " this thing " passed I would go out and

> >get working again. (My wife is the only wage earner and the income

> >is not as great as the outgo)

> >

> >I had been diagnosed with Crohns disease in 1982; subsequently, that

> >diagnosis was changed to ulcerative colitis in 2002.

> >In 1994 I was hospitalized with cardio problems followed by severe

> >angina problems.

> >In 1990 I was diagnosed with Diabetes.

> >In February 1996 I came down with what I thought was another bout with

> >Crohns. Along with the chronic diarrhea, I developed a constant

> >fatigue that was later diagnosed as Chronic Fatigue Syndrome. As time

> >progressed I developed more symptoms/ health problems.

> >

> >About 2001 I finally lost my battle with the insurance company but I

> >still thought that I would " get over " whatever it was that was

> >affecting my health.

> >

> >In early 2002, after being diagnosed with " Mito What!?!? "

> >(Mitochondrial Cytopathy) I finally clued in that " this

> >thing " was not just going to go away. As symptoms continued to

> >multiply, I decided that it was time to apply for a Canada Pension

> >Plan Disability Pension.

> >

> >After going through the various levels of appeal and being repeatedly

> >denied a disability pension, I applied, to the court that oversees the

> >last stage of appeal, for what is called a Leave to Appeal.

> >

> >We're not wealthy enough to hire a lawyer, but too wealthy (yeah

> >right!) to get a Legal Aid lawyer. However, I was given a little free

> >advice by a legal aid lawyer. I was told that I could go ahead and

> >apply for " leave to appeal " but that only 5% of the applicants are

> >successful. The lawyer did say, " Go ahead, you have nothing to lose by

> >trying "

> >

> >The report by the review board was put together very poorly,

> >(composition wise) there were glaring errors and quotes attributed to

> >me that were just not stated by me.

> >

> >With nothing to lose, I put together my appeal.

> >

> >It took a looong, looong time to get it all together, because of

> >fatigue, brain fog days, days when I was just too frustrated to try

> >and sort through the extremely unprofessional report that was filled

> >with redundancies, Looking at a screen (computer/TV) often causes my

> >vision to go blurry, and because of my " hunt and peck " typing skills.

> >

> >Because my application was not (what I would consider) diplomatic or

> >politically correct) I thought that I stood the proverbial " snowball's

> >chance in.., " of being granted leave to appeal.

> >

> >Last week I received, by courier, the documents that grant me leave to

> >appeal. This was very surprising to me and my wife was very excited

> >about it too.

> >

> >It's great to have been granted Leave to Appeal BUT ...it's still

> >unnerving to think that I will be up against legal pro's with their

> >medical experts.

> >

> >Regards

> >

> >Ken

> >

> >

>

> _________________________________________________________________

> MSN Toolbar provides one-click access to Hotmail from any Web page –

FREE

> download! http://toolbar.msn.click-url.com/go/onm00200413ave/direct/01/

[Guest guest]

Ken,

I do not know Canadian law but have you looked into " pro-bono "

lawyering? The regular lawers donate their time without pay to you.

Even if it were such things as making sure the language you use in

the papers you prepare or looking at the evidence and knowing how and

when to challenge it.

Also sometime there is low cost advice available from some of the

college students in their final year. They may need to do some work

to meet their final grades.

Since you are internet savvy is there somewhere you can see who won

their appeals and ask how?

As for the mind fog I can only suggest that you make lists. (which

you probably already do) and have someone you know pick it apart.

The pick apart may help you see place you need additional information

or supporting documentation.

If nothing else could you pay for an hour of time (down here about

$150) and have a lawyer review all that you have put together?

Sorry you have this problem!!

Twana