Terminated after 20 years

[vamah]

I expect to be turned down for disability soon. Just got copy of last IME and not only did he confirm that it is all in my head, that my physical problems are just manifestations of my chronic depression, that I am introverted, emotionally alienated (?), socially withdrawn, I also have schizophrenic tendencies (I may have to look this up, if I really care, since I'm not sure what this means). I am amazed at how people are treated, this has been an eye opening experience. Other than that as I always say I am the poster child of health. Oh yes I think I recall he also said I had problem with authority....

God, that sucks. I can't tell you how angry that makes me. I can't say it surprises me, as doctors have done the same thing to me. Is there any process for you to get a second opinion? Or can you possibly beat them at their own game? Isn't there a recent law giving mental illness equal status with physical illness? If you are as crazy as this doctor says, maybe it counts as a disability.

 

[Ema]

I expect to be turned down for disability soon. Just got copy of last IME and not only did he confirm that it is all in my head, that my physical problems are just manifestations of my chronic depression, that I am introverted, emotionally alienated (?), socially withdrawn, I also have schizophrenic tendencies (I may have to look this up, if I really care, since I'm not sure what this means). I am amazed at how people are treated, this has been an eye opening experience. Other than that as I always say I am the poster child of health. Oh yes I think I recall he also said I had problem with authority....

I also think that these examinations are a load of crap because the doctors are paid by the insurance companies and can never be truly free of bias so long as their paychecks (usually ranging in the million dollar area) are signed by their employer.

But this is why it is crucial to have your own lawyer and experts because the courts are supposed to give more weight to the opinions of your own doctors who have supposedly spent more time with you than an examination one time.

Mental disorders are often disabling conditions though and I'm NOT saying you have one, only that they are often covered under LTD policies for 24 months...and you only need 15 months to get you through to retirement.

Schizophrenic tendencies just means an altered perception of reality though I'm not sure what gave the examiner this idea unless you were talking to the wall or something during your interview.

Call a lawyer!

Ema

 

[roxie60]

The way things have been going for me they would have me attend another IME to counter that I'm 'crazy' as well. It is all such a sad game. I have to believe just as God hold individuals to account I'm thinking corporations will also be held to account since they are made up of people. Maybe I am just rationalizing all that - can crazy depressed schizo people rationalize ?

Fortunately I think the lithium orotate I started this week I think is helping me stay calm coupled with being less ill than during the recent crash. I am so much more emotional when I'm crashing, feeling more ill. So I will cling to feeling better and having a better mood in spite of what is happening to me, around me that I cant control.

 

[roxie60]

Yes Ema even a 24 month mental disability (which I told myself I would not accept since I know this is physiological) would get me to my early retirement except now it will not because they have fired me (I'm getting suspicious of all this 'timing' on their part) so I may get 24 months disability (which I'm not expecting at this point) but still in same boat at end of 24 months (except maybe I'll be healthier ) but I will not be able to retire at that point since they canned me last week. I just have not been able to find the WIN WIN scenario I could have taken.

Yes I have now learned to not expect a favorable review from a company IME.

Not entirely sure but I think the schizo tendencies comment may have come from the personality tests I had to take. What I would like to get someone to consider is it was mid afternoon by the time I got to take these two personality tests (MMPI 2 and MMPI 3 ?) and I was so physically uncomfortable and mentally fatigued I know the last two to three hundred questions I started having trouble comprehending and some I just started picking answers out of fatigue and desire to get it over with, not necessarily well thought through answers .... but I know 'they' dont care, those answers are without challenge a true reflection of who I am as a person . There were over 700 questions on these last two tests. Fortunately or unfortunately I was having a better day than most that week but I know my personality and I always will push to be the best, do the best I can.

I also think that these examinations are a load of crap because the doctors are paid by the insurance companies and can never be truly free of bias so long as their paychecks (usually ranging in the million dollar area) are signed by their employer.

But this is why it is crucial to have your own lawyer and experts because the courts are supposed to give more weight to the opinions of your own doctors who have supposedly spent more time with you than an examination one time.

Mental disorders are often disabling conditions though and I'm NOT saying you have one, only that they are often covered under LTD policies for 24 months...and you only need 15 months to get you through to retirement.

Schizophrenic tendencies just means an altered perception of reality though I'm not sure what gave the examiner this idea unless you were talking to the wall or something during your interview.

Call a lawyer!

Ema

 

[Ema]

Yes Ema even a 24 month mental disability (which I told myself I would not accept since I know this is physiological) would get me to my early retirement except now it will not because they have fired me (I'm getting suspicious of all this 'timing' on their part) so I may get 24 months disability (which I'm not expecting at this point) but still in same boat at end of 24 months (except maybe I'll be healthier ) but I will not be able to retire at that point since they canned me last week. I just have not been able to find the WIN WIN scenario I could have taken.

Yes I have now learned to not expect a favorable review from a company IME.

Not entirely sure but I think the schizo tendencies comment may have come from the personality tests I had to take. What I would like to get someone to consider is it was mid afternoon by the time I got to take these two personality tests (MMPI 2 and MMPI 3 ?) and I was so physically uncomfortable and mentally fatigued I know the last two to three hundred questions I started having trouble comprehending and some I just started picking answers out of fatigue and desire to get it over with, not necessarily well thought through answers .... but I know 'they' dont care, those answers are without challenge a true reflection of who I am as a person . There were over 700 questions on these last two tests. Fortunately or unfortunately I was having a better day than most that week but I know my personality and I always will push to be the best, do the best I can.

Yes, but the firing might not be legal due to your disability. This is where an experienced lawyer can help.

Ema

 

[roxie60]

I find it interesting that when I feel well. I mean really well, normal, I have a good sense of humor, desire to converse with people, participate in hobbies and activites but when I do not feel well, always trying to play catch up to make up for bad days, dealing with judgemental people in my life who offer little support but platitudes. So these tests, are they reflecting the sick me or the well me or do those in power think it is invalid to consider there might be a different result depending on the condition at the time of testing??

 

[roxie60]

Yes, but the firing might not be legal due to your disability. This is where an experienced lawyer can help.

Ema

I will seek assistance in this area but waiting on final denial, then the ball starts rollling (so I have bee advised) but what I'm not certain of and feel I am always facing catch 22 is I seem to be feeling better this week which equals to me less disabled so how does one get disability during their non-crash (recovery) periods? This is what has always dismayed me is the inconsistency of what I deal with day to day. I second guess myself like now, am I feeling better because of the new meds? or because in 'recovery' period? Will it last, how long?

 

[Ema]

I will seek assistance in this area but waiting on final denial, then the ball starts rollling (so I have bee advised) but what I'm not certain of and feel I am always facing catch 22 is I seem to be feeling better this week which equals to me less disabled so how does one get disability during their non-crash (recovery) periods? This is what has always dismayed me is the inconsistency of what I deal with day to day. I second guess myself like now, am I feeling better because of the new meds? or because in 'recovery' period? Will it last, how long?

Disabling illnesses are often relapsing and remitting in nature. It doesn't mean you're not disabled and that is part of what your doctor and lawyer work together to prove. Just because you feel ok for a few days here or there doesn't mean that your body could cope with full time work on a regular basis and that is what it means to be disabled legally. Remember you're dealing with words that can mean one thing in common usage but have specific definitions in legal land. That is why you need help now. Don't wait. Call another lawyer now.

 

[roxie60]

Wsa hoping to get letter from my company regarding LTD today but alas the decision waiting continues....maybe tomorrow.

 

[vamah]

If you feel the timing of your firing was intentionally to push you out before you were eligible for retirement, you may want to think about an age discrimination complaint. Your company may have a history of doing this and if other people have complained it would help your case.

 

[Mya Symons]

So sorry this happened to you. I am "hanging on by the skin of my teeth" at work myself. Every year I use up my sick leave and they have to dip into vacation time more and more. Recently they fired someone with cancer so it seems like human compassion is not something I can count on.

My sister-in-law also has CFS. They said similar things about her-depressed, mentally ill etc. However, it worked out in a weird way. At first they gave her disability based on her supposed psychological issues. Later, she was able to find a doctor who was really supportive and helped her with her disability claim based on CFS. Hopefully something will work out for you.

 

[Little Bluestem]

I will seek assistance in this area but waiting on final denial, then the ball starts rollling (so I have bee advised)

I question whether it is legal for them to fire you while you have a disability claim in process. I would contact a lawyer about that immediately.

 

[Beyond]

I find it interesting that when I feel well. I mean really well, normal, I have a good sense of humor, desire to converse with people, participate in hobbies and activites but when I do not feel well, always trying to play catch up to make up for bad days, dealing with judgemental people in my life who offer little support but platitudes. So these tests, are they reflecting the sick me or the well me or do those in power think it is invalid to consider there might be a different result depending on the condition at the time of testing??

Roxie this same thing happens to me. The rare days I have felt acceptable my sense of humour (which used to be uncontrollable when I was "healthy") comes back somewhat and my passion and interest in things. And I start saying to myself "what if I start now this project or the other one"...

The day after when I am feeling like shit nothing of it is possible of even matters again.

So you most likely dont have a mental illness. I dont even think mental illnesses are real, but that is my theory. Emotional wounds and traumas do exist but most of mental cases are physical cases indeed. I might have the opportunity to explore this avenue when I cure if I decide to help other people.

 

[Misfit Toy]

Roxie, I am so sorry. I really am. Like Gracie above said...words fail. It's not just fair. Not right and not fair.

 

[roxie60]

My heart is broken over the termination after so many years but if I dont get my health restored to a consistently functional level my future looks precarious. I am too weak to fight so many battles but I'll do what I can and with God's help I'll survive. I cant really cry to let go some of the stress since crying gives me a really bad headache. I'm just trying to make the most of the cards I have been dealt, just another crappy hand in a life filled with crappy hands. I can hold my head up (metaphorically) I know I have tried to find answers, tried to get well inspite of what the paid doctors opinions.

When you get to the end of yourself, your resources, that is when God's faithfulness and lovingkindness get to shine bright to give him the glory. I am at the end of myself, I dont even recognize myself anymore, but God doesnt change and even though I feel so alone and scared I have to believe in his promises otherwise I would have no reason to cling to hope. This is a crazy world that chews us up but I will do my best to not give in and not give up!! Maybe this expereince will be read by someone in the future that is at the end of their rope and it will allow them to once again tie a knot and hang on.

 

[Ecoclimber]

My heart is broken over the termination after so many years but if I dont get my health restored to a consistently functional level my future looks precarious. I am too weak to fight so many battles but I'll do what I can and with God's help I'll survive. I cant really cry to let go some of the stress since crying gives me a really bad headache. I'm just trying to make the most of the cards I have been dealt, just another crappy hand in a life filled with crappy hands. I can hold my head up (metaphorically) I know I have tried to find answers, tried to get well inspite of what the paid doctors opinions.

When you get to the end of yourself, your resources, that is when God's faithfulness and lovingkindness get to shine bright to give him the glory. I am at the end of myself, I dont even recognize myself anymore, but God doesnt change and even though I feel so alone and scared I have to believe in his promises otherwise I would have no reason to cling to hope. This is a crazy world that chews us up but I will do my best to not give in and not give up!! Maybe this expereince will be read by someone in the future that is at the end of their rope and it will allow them to once again tie a knot and hang on.

I don't the facts of your case but I worked in Corporate Management which meant I worked with HR and very knowledgeable with various legal issues as I was a member of SHRM and one of my degrees is in HR. Some companies will terminate their employees just prior to retirement. If you were out on company paid full or partial disability or were deemed disable by SSA, you would fall under the Federal ADA provisions whereby your employer would need to make reasonable accommodations. If you feel they violated those provisions, file a complaint with the U.S. Department of Justice Civil Rights Division Disability Rights Section.You would also file a complaint with Office of Equal Employment Opportunity who will conduct a investigation on your behalf. There may be state laws that apply to your situation as well. Are you a member of a union? What has been your performance reviews over the years? You will need to gather all medical information from your doctors. If you haven't done so gather information from your doctor describing your limitations in detail.

You will need to document everything and I mean everything. Make copies and/or gather originals of all correspondence with the company concerning your disabiltiy, termination and retirement. They will delete these documents and start freezing you from accessing their corporate net. Document the statements of knowledgeable co-workers or witnesses. Quietly see if these people will make a sworn declarations or affidavits. Make sure you trust them as there will probably be depositions. Gather all policy and procedural information within your organization in reference to the employee handbook on termination, retirement, disability.

Find an agressive lawyer who is a pit bull and well versed in employment law. You will need planitiff attorney vs. a defense attorney in employment law. Threaten a Rico action or have the attorney file a subpeona duces tecum which opens the company up like a can opener whereby upon discovery, you can gather all emails, memorandums, policies, procedures for termination just prior to retirement etc. which will put the company on notice that you are going to rip them apart. Normally, they will acquiese.

You not necessarily need to go see their doctors as they are paid to deny. This is why you need a good attorney.

Hope this helps,

Eco

 

[leela]

Don't know how useful this is, but I just stumbled on this article during an unrelated surfing episode.
Thought I'd post the link in case there was a seed in there for you:
http://www.bankrate.com/financing/retirement/fired-dont-go-quietly/?ec_id=m1078090

 

[roxie60]

Don't know how useful this is, but I just stumbled on this article during an unrelated surfing episode.
Thought I'd post the link in case there was a seed in there for you:
http://www.bankrate.com/financing/retirement/fired-dont-go-quietly/?ec_id=m1078090

leela Very thoughtful, thank you I have pulled it up and will read a little later after a rest. First paragraph looks applicable.

 

[Shell]

So sorry Roxie!
I think schizophrenic tendencies is a dx he just made up - it's all in his head!
To claim disability you may need to see a real doctor!

 

[roxie60]

Not sure if I mentioned but I called Wednesday to get the procedures to appeal the LTD denial and to request copy of my claim file and during the conversation I was told that my claim was being re-reviewed. I just got denied 3 weeks ago. She said the Endo info and labs had come in (I told her about the new dx, lab results and Endo visit prior to last denial) and they decided to re-review. She said I would hear next week or so if they decide to crush me again and deny or if they decide to approve. So the light has not completely gone out. I thank God for keeping this door ajar......