Anyone with Experience Obtaining Work Hours Reduction as Part of Disability?

Updated on December 18, 2010
S.R. asks from Morgan Hill, CA
7 answers

Hello,
I have a full-time desk job that keeps me 11 hours a day out of the home. I work for an employer who monitors employee's time and marks when you come and go down to the minute. He also requires you leave a note any time you leave your desk (ie: "went to the copier") and even provided earpieces so we could answer the phones from the bathroom!!!
Anyway, I'm experiencing a couple symptoms related to my job and long work hours. I have ben thinking about talking to my doctor but am not sure how to approach it and still be taken seriously. I want to be declared permanently-partially disabled so that my work hours can be permanently reduced and the hours I'm losing can be partially compensated through disability. I can't leave my job completely because it provides good pay and benefits and also is providing me with a pension when I retire. However, I am experiencing numbness and swelling in my legs and feet, just like when you go on a long airplane trip. I know this is the result of being forced in a chair for so many hours a day. Another problem that I'm having is that I was diagnosed with GERD and told not to eat 3 hours before bed, but I don't get home more than 3 hours before I have to go to bed, so what am I supposed to do about eating a dinner, both for my own nourishment needs and also for the sake of having a family dinner at night with my son and the importance of that for him?
Does anyone have any experience successfullly establishing a disability claim for anything similar to this, and how did you go about doing it?
Thanks!
P.S... in regards to packing a dinner and eating before I leave work, I already pack my breakfast adn lunch. I really don't want to eat all three meals out of the home and away from my family for 5 days a week. There's got to be a way to cut my hours down.

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So What Happened?

Apparently not many people understand true GERD and Reflux. I am recovering from bronchitis right now that was brought on by inhaling my stomach contents while I slept. Luckily, it did not develop into pnemonia and there is no scarring on my lungs yet from the 3-4 nights a week that this happens. You see, when you reach deep enough state of relaxation in sleep your lower esophogas muscles relax and allow the contents of my stomach to empty back up into your esophagus, where you then inhale it into your lungs and wake up choking, drowing, in vomit. If you don't inhale it, it continues into your sinus and you have to blow it out your nose. Have you ever blown stomach contents out of your nose? How can you work if you can't sleep?

More Answers

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J.C.

answers from Anchorage on

In regards to the food, packing a dinner would be a solution. If you want to cut down hours so you can eat with your family, talk to your employer, but you do not deserve to be paid for that time, especially not by the tax payers! As for the leg swelling, do talk to your doctor. He can help give you ideas about stretches and exercises you can do at your desk to help with this, also you said you have ear pieces, so try pacing, standing, or stretching at your desk while on the phone. I do not think that any of what you have talked about entitles you to disability or tax payer money. If you need to work less hours, do it, but that is your choice, not our burden to bear. You sound like you feel you are entitled, but all us tax payers work just as hard for our money, and spend time away from our families, and any money we pay out to government assistance programs should go to those who really have a need and are truly disabled.

3 moms found this helpful
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M.S.

answers from Seattle on

This is not a disability issue, but a labor issue.

I would start with your doctor and have him/her treat your symptoms appropriately. Explain to him why you are getting the symptoms you have and ask what you can do to fix it.

Go to your Dept. of Labor and Industries and file a complaint about the work conditions. L&I may be able to help you. If you are working 11 hours a day, they may be able to get your working conditions changed.

Just keep in mind that just because you "want" to reduce your hours doesn't mean you will be able to get disability to compensate for your overtime hours. Disability just doesn't work that way.

I am on disability myself at the moment for unmanageable migraines that I get on a regular basis that land me in the hospital several times a week, and for other major health issues that prevent me from working. I don't get paid based on the salary from my last job. Instead I am paid based on my social security contributions, and believe me, my monthly payments are NOTHING compared to what I made when I worked.

It is not realistic nor fair to expect everyone else to pay your salary when you are still working, just because you want to keep on earning a great salary and getting great benefits and a pension. The system doesn't work that way. And, getting on disabilty takes the better part of two years, and that's if you are working with a disability lawyer. If you try for disability, you may get told simply to reduce your work hours.

If you think your health issues are truly indeed caused by your current job, you may need to seriously consider getting a job that is a regular 9 to 5 job, pension or not. Sometimes we need to take care of ourselves, even if that means taking a pay cut and living more frugally. It's all about learning about the difference between needs and wants. What's more important: Your job or your health and family?

3 moms found this helpful
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P.K.

answers from New York on

Sorry but I do not think you would meet the criteria. A simple solution would
be to get a different job. I know I could not and would not work under
those circumstances.

2 moms found this helpful
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A.L.

answers from Las Vegas on

don't know much about the claim, but will say.. as for the numbing and legs and feet.. I experienced that and in part, I do believe it's nerves.. have you tried getting up from your desk every 20 to 30 min.. and stretching/walking.. additionally, if over-weight, I found that makes it worse.. I mention this because when I was pregnant and gained weight, the extra weight made matters worse. also, yoga helps to alleviate some if not all these problems. (at least for me) Have your tried some type of yoga or physical activity? sometimes, movement, although it feels like the last thing we want to do, is in fact the best.. Lastly, my ankles would swell somewhat when I sat a lot..apart from getting up and walking/stretching, drinking lots of water helped me as well..

best of luck

1 mom found this helpful
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B.R.

answers from Sacramento on

I'm sorry, I know this isn't a time to be too quick to quit a job, but you need to be looking for another place to work. Your statement that the boss provided earpeices so you can answer phones from the bathroom is totally over the top! I hope I'm not a client of your business. The idea that I might be being assisted by someone while they are on the toilet is just disgusting!
Have you considered calling the labor board and describing your work conditions? I know that is a scary prospect, because you might lose the job, but it would be better than losing your life from the stress you must be under, or having something happen healthwise that's drastic enough that you'd never be able to work again. I'm saying this from experience. I had a job about five years ago that was stressful in this manner. I finally found a new job that was much less stressful. The fourth day on the new job, I began having symptoms that I knew were indicative of a stroke When I went to the hospital I found that I had indeed had several mini-strokes. The doctor told me that often when a person has lived under the kind of work stress I had (on a job that I only stayed with for 8 months) and then get out from under that stress, the body reacts to the change and a stroke, heart attack or something similar may occur. But, if I had stayed longer and kept under the stress I might not have survived.

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C.W.

answers from Santa Barbara on

I had the inverse situation with my job, I was in a car accident at work and required spinal surgery. I had to prove I was able to work more. If it is truly a work related injury in California you would be covered under worker's compensation. Coordinate with HR because you will need to see their doctor initially and then can swith providers after 30 days. Be careful what you wish for though because it is up to the employer to retain your position if you can't do your "usual and customary" position. You can't just choose to work four days per week and everything is fine. You are entitled under the California Labor Code to periodic breaks to walk around, use the restroom and eat.

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J.L.

answers from Minneapolis on

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