Professional Services
What do you think of when you hear the word ‘disability’?
Generally, people think of physical and/or mental disabilities. However, a person may have an educational, economic, social, and/or cultural challenge perceived by themselves and others as a disability.
People with one or more of these challenges are not accepting the assumption that they are disabled and therefore not capable of performing the tasks expected of other employees.
The lack of education and understanding of the gifts and talents, the capacity human beings have for adaptability makes me think that perhaps educators, policy makers, and employers are the ones with a disability.
There is a key to deciding if the employer refuses to have an employee perceived as disabled. It results from careful exploration of the situation and answering the question, ‘Is this employee capable of fulfilling his duties if the workstation/workplace is adapted to meet his needs?’
The answer results from open and direct communication between the employer and employee. It is also based on the two parties fulfilling their obligations. Every employee is expected to “…comply with the applicable occupational health standards and with all orders, rules and regulations applicable to his or her own actions and conduct. It shall be the responsibility of every employer to maintain a healthy occupational environment at the workplace in accordance with the applicable occupational health standards.”(Occupational Health Regulation, made under Section 74 of the Health Protection Act, S.N.S. 2004, c. 4) O.I.C. 76-1510 (December 21, 1976), N.S. Reg. 112/76.
You and Your Doctor
by Shirley Soleil
It is important that you develop
a good working relationship with your doctor. This involves speaking up
for yourself, asking questions and getting good well-thought out
answers. It means one on one communication. If you fear your doctor,
perceive him as superior to you, an authority that you cannot question,
you will not have a good working relationship. Your doctor is a human
being who chose medicine as his profession. He does not know everything
and he knows less about your body than you.
The most important part of a good working relationship is
communication of symptoms and how illness affects you. Remember your
illness, whether CFS, FMS or EI is relatively unknown. They have not
discovered a definite cause for it. Therefore, no cure has been
discovered either. These are chronic illnesses that your doctor may
know little about and you have to be responsible for educating him.
This is an unfortunate but definite fact of life for a lot of you.
Tell your physician all of your symptoms. Write them down in
detail so that you do not have to depend on faulty memory. This ensures
that the doctor will be able to rule out other possible medical
problems as well as making him aware of all your symptoms.
The physician needs to be aware of how much you are affected
by the illness; physically, emotionally and mentally. This makes it
easier for him to offer the most appropriate treatment, i.e. medication
for pain, counseling for dealing with grief, help around the house
because you are disabled by illness, pain or fatigue.
Your doctor is an ally when applying for Canada Pension or
insurance claims. He needs to give detailed information. You have to
give it to him and make sure he writes it down. It is not enough to
give generalized statements. Specific description of medical problems
is required.
If you are not happy with your doctor, his attitude, lack of
knowledge, or poor communication you need to consider a change. This
will be difficult for three reasons: emotionally you are dependent on
the doctor and may feel you're letting him down, he knows your
situation, if you go to another you need to start all over again
educating him about "you", and there is often a lack of doctors taking
new patients. But give it serious consideration. You deserve good care
from an understanding compassionate person who is willing to learn
about you and about the illness.
If you wish to find out more about doctors in your area
please contact: 902-582-5862 We have a referral list.
You and Your Lawyer
by Shirley Soleil
Many times I am asked "Should I go to a lawyer when I am dealing with
an insurance claim or CPP disability?". I respond the same way
regardless of who is asking. If you are applying or have been turned
down for either, a lawyer can be of service. In other words, no matter
where in the process you are, a lawyer can be helpful.
The reasons I answer this way are as follows:
- A lawyer takes on the burden for you. You fill out all of
the papers, gather all of the medical reports from the
doctors/specialists (sometimes your lawyer will do this), then it is up
to the lawyer to field all of the questions from insurance companies
and the Canada Pension boards. (Usually lawyers get involved if you
have applied and have been turned down for CPP or insurance benefits.)
- The lawyer knows what information is needed to help your
case. He can see issues you do not see. He is not intimidated by the
so-called authorities as you may be.
- A lawyer can give you emotional support. If you have
suffered from others' doubts about your illness, especially at the
hands of authorities (i.e. your doctor), having a lawyer, an authority
say "I accept you are ill and I will help you fight for what you
deserve as your right" can be very good for your damaged emotions.
Acceptance by the lawyer can help release you from part of the
emotional burden.
In order to have this kind of positive experience with a lawyer, you
need to take time to find one who will relate to you in this way. Here
are some points to consider when trying to find the right lawyer:
- Ask questions that will help you get a feel for his
attitude towards you, the case and your illness.
- Ask if he is knowledgeable about the illness.
- Make sure he perceives your illness as a physical illness.
- Be comfortable. If you feel intimidated or uptight you will
not be able to hear what he is saying. Then you might not be able to
follow through on instructions or even ask intelligent questions.
- Ask about a fee. Often times the first consultation is
free. The lawyer may take your case on a contingency basis. This means
he gets paid if you win. He takes a percentage if you win. The fee
varies from lawyer to lawyer, case to case. Usually out of pocket
expenses are paid regardless if you win or lose.
If you are
interested in finding a lawyer in your area,
please contact: 902-582-5862
We have a referral list available.
FILLING IN THE CANADA DISABILITY APPLICATION FORM
written by Shirley Soleil
I have written the following to assist you in applying for your Disability Pension.
- Even if you feel certain about the last day you worked call your former employer to make sure. You also need the date you started work for the application. Make sure the dates you have are the same as those given by the employer. Also, make sure that the dates your doctor puts down are the same as yours.
- Make sure you and your doctor see the same illness as the disability. For example, if your doctor states your disability stems from Fibromyalgia and you list dislocated disk there is going to be a problem.
- You probably know if you qualify in terms of years worked. However, I encourage you to call the Canada Disability Pension office to confirm that you are within the years worked requirement.
- Ask to have two application forms mailed to you. Put one away (to use as the good copy to mail) and use one as your working copy.
- Read over the form carefully before answering any questions. Make sure you understand what is being asked so you give the appropriate answer.
- It may appear that questions are repeated. However, each question is asked for a specific purpose. Answer ALL questions. If you do not do this, the form may be sent back to you.
- Do not assume the reader remembers the answer you gave to an earlier question. Answer the present question as if it is the first time you are giving the information. Do not assume the reader understands your illness/disability. Do not assume that the reader will accept you are ill and disabled. Remember, this person does not know you. You need to provide evidence about your illness/disability to demonstrate your inability to work at your regular job or any job.
- One of the MOST difficult parts of filling in the form is the emotional response. Be aware of the feelings being triggered – anger, grief, etc. and work them through – it’ll go a long way in improving your health.
- The OTHER difficult part in applying for the pension is making sure the doctor(s) fill in the medical form(s) in detail. The doctor needs to be able to state you CANNOT work because your illness/disability is ‘PROLONGED’ and ‘SEVERE’.
- You can send your form earlier or later than the doctor sends his/her form.
- It takes up to three months to hear back. Do not get upset if you are rejected – it usually means you need to provide more evidence to appeal the decision.
- It may take a long time to be accepted because the process takes a lot of time.
- Keep copies of the application and any other information, i.e. letter from a witness. Make sure you get copies of all of the medical information pertaining to your illness/disability. The Supreme Court of Canada ruled that every Canadian has a right to his/her medical information. You may have to pay for photocopying it. This may not include letters from specialists. You may have to pay for such information.
- If you need help feel free to email or phone the office (contact info on homepage).
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