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Work Woes

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Toogoofy317 non-obstructed hcm, AICD 11-01-02 and 10-6-05 Find out more about Toogoofy317
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  • Work Woes

    Sometime's I believe Disney has it out for me! They have just decided to add a little extra to our ten hour closing shifts. We now have to walk from Mission: Space to the Fountain in the center of the park to wave goodnight to the guests! (Lisa you know how far that walk was when we were heading to China) After that we have to go back to Space to clock out then we have to walk out to the parking lot which is about another 1/2 mile. I don't think I can do it after working ten hours!

    I told my Dr. about it and she didn't like it. She did write restrictions but Disney says since I can't do this one aspect of my job that I can't do the rest and I have to go on leave! I asked them about the ADA and they said that I did not have a disability but an illness!

    I don't know how they consider it an illness? It's not like it is going to go away tomorrow or next week! Does anyone know what I have to do to have this labled as a disability?

    I am very frustrated right now! Any answers would be a great help!

    Mary S.

  • #2
    Re: Work Woes

    Check this string directed to you from a few months ago. I don't think that Disney can get away with the way they are treating you. Try some of these suggestions!

    In the alternative, if the fight is too much work, I think you should apply for some nice desk jobs in the air conditioning!

    Good luck!

    Cynthia

    http://www.4hcm.org/phpBB2/viewtopic...&highlight=ada
    Daughter of Father with HCM
    Diagnosed with HCM 1999.
    Full term pregnancy - Son born 11/01
    ICD implanted 2/03; generator replaced 2/2005 and 2/2012
    Myectomy 8/11/06 - Joe Dearani - Mayo Clinic.

    Comment


    • #3
      Re: Work Woes

      I've been looking for a desk job for over six months now! My last issue was due to me needing to sit a great deal of the time. this new task is only a thirty minute issue! I was needing to vent more than anything.

      I was hoping someone might know where in the guidelines for the ADA I could find the definition of a disability?

      Mary

      Comment


      • #4
        Re: Work Woes

        Mary,

        Go here:

        http://www.adata.org/whatsada-definition.html

        and here:

        http://www.ssa.gov/dibplan/dqualify4.htm

        Jim
        "Some days you're the dog... some days you're the hydrant."

        Comment


        • #5
          Re: Work Woes

          Mary,

          Every local, state, and federal agency has their own definition of disability to serve their particular program. HCM does fall under the guidelines and protection of the ADA... period. However, you would not qualify for Social Security benefits, because under their guidelines you must be totally disabled, and you are not. There does exist work that you are capable of doing within the limits of your disability.

          Other programs, such as Unemployment Insurance, and the Office of Vocational Rehabilitation, might define your disability simply as the inability to do the job that you were hired for at Disney, and provide assistance to you in finding other suitable employment. But these are state-managed programs, so their definitions of disability will vary from state to state. It's crazy.

          Simply put... Disney HAS to provide reasonable accomodation to you, and i find it really hard to understand why they have not done that. Have you really pushed this thing with Disney, consulted an attorney, etc.?

          Good luck to you.

          Jim
          "Some days you're the dog... some days you're the hydrant."

          Comment


          • #6
            Re: Work Woes

            dear mary

            i've only been to Disney World and Land once each. i plan on never going again. i own one or two videos, but i will do all that i can to not support the Mouse when i know how they have treated you.

            it won't make a difference in your life, but i plan on telling everyone i know about how they treat their employees.

            i hope things get better for you. good luck with disability paperwork. it can be a long proces, so keep your spirit up.

            take care,

            s

            Comment


            • #7
              Re: Work Woes

              Dear Mary,

              I hope you weren't offended by my previous post. It seems to me that you are a very bright and capable person, and that anybody would love to hire you. That's why I thought it would be easy for you to find a non-Disney job. I was just under the impression that you wanted to stay in the Magic Kingdom, and that is what is causing all of the trouble. I fully understand if you want to try to make it work there. They aren't being very accomodating though, and frankly, although I am not an expert in the area, it seems to me that what they are doing is illegal. Sometimes even though you have legal grounds for your case, its not worth the fight in other respects. That was why I wrote what I wrote.

              Anyway, I didn't mean to suggest that you were not doing all that you could, and please forgive me if it came across badly.

              Best of luck, and go set up that mousetrap!

              Cynthia
              Daughter of Father with HCM
              Diagnosed with HCM 1999.
              Full term pregnancy - Son born 11/01
              ICD implanted 2/03; generator replaced 2/2005 and 2/2012
              Myectomy 8/11/06 - Joe Dearani - Mayo Clinic.

              Comment


              • #8
                Re: Work Woes

                Thanks for all of the help! I think tonight the straw fell that broke the camels back. I was talking to one of my managers about all of this krap and I asked him who I could see to get the definition of a disability on Disney's side. He told me that they could not tell me because it was not in the best intrest of the company! I proceeded to tell him that I was going to grieve it to the union. He said it would never make it because it is a legal issue.

                If they want a legal issue I'm now at the point that that is what they are going to get! I realized that they know I really don't want to fight it so they think they will get away with it. I believe it is time to push back. I am not going to needlessly hurt myself at this job when they are in the wrong. It takes an awful lot to make me mad. And I am furious I was so mad tonight I was in tears with these jerks!

                Sarah, thanks for your support. The mouse just isn't what it used to be. You can ask Linda, Lisa and Bill how much I enjoy Disney. It absolutly kills me that a thirty minute wave good-night is worth more than my health!

                Sorry for all of my ranting and going on! I've had a bad day! Last Satuday I think I tore a ligament in my knee and because of Disney I can not get in to see my doctor for the next week and a half! I can't put any weight on my right knee without it giving out and hurting I guess better times will come again!

                Mary

                Comment


                • #9
                  Re: Work Woes

                  Hi Mary, Would your doctor sign for you to get one of those "jazzy" 3 wheel scooters. Then with a script doesn't insurance pay most of it. It may be worth checking into . As for disability in Massachussetts I was denied 3 times requiring me to appeal with a disability lawyer . I was assigned at Federal court in Providence R.I.. I had contacted the office of my district representative Barney Frank. After listening to my story and discussing it with Dr . Frank the liaison noted although their office could not and would not interfer with the Federal process , they could however file with the court a motion of support as an interested party. The liaison said it was worth a try and they had done this before but it may still have an unfavorable outcome. Of course I had previously gone through the local SS office , brought all my records ,signed all the releases and had documentation from my doctor that I was in fact disabled and unable to do any work. First of all there is the severe physical impact that work can have on an already damaged heart; remember I was advanced , had CHF and an Obstruction with a very lhigh gradient, my left ventricle is extremely stiff and does not relax very well even worse back then with the higher BP &P. Then you have to take in the huge effect that stress plays in heart symptoms and disease progression. As a nurse I had all of that but you know your job seems tremendously stressfull physically and mentally so you need to pursue this if it is best for you. On Disability they choose a date of onset start a clock and minus the first 6 months. Yes you are without a dime for 6 months. For me I had a little saved. If you have met enough work quarters to qualify is another factor. SS can figure this out and they will tell you how much you will get based on your wage earnings. Often if the rate is smaller, according to the national poverty index you could also qualify for state aid, if you have kids they get a check also untill they exit high school. After 2 years on disability you get medicare and though the rate is the same it is insurance in addition to your check. If you you take A&B they minus about $58 a month . Of course Medicare only covers 80% so then you need to buy a monthly supplement insurance to cover the 20% unless you also qualify for your state aid . You don't get ahead you just get by with this. I get most of my meds from canada pharmacy.com and think they will still be cheaper after this new medicare Rx program goes through but we will see I have my parents do it also so it is one S&H fee . It just doesn't work when you get a new med or an antibiotic that you can't wait for. The 20% supplemental insurance with Rx coverage was higher then purchasing meds directly from Canada. So you have to do your homework. By the way when I went to court for my disability the cardioligist witness for the Government stated clearly that I met all criterior for full disability and it should be from the date 11-07-2000 when I was first seen in Boston. The Judge said "then what are we doing here? No hearing needed, ajourned!" I still had to give the lawyer a percentage from my first payment. That was April my 1st payment was June I got it in July 2001. Yes Mary I am poor financially and things got worse before they could get better but I still feel rich for living each day , for my children and my parents for select members of my family and for my friends and all of you on the Hcm board. So there are ways to get what we need and what we deserve and what is best for us we just have to struggle sometimes through the process. Good Luck Mary, hope I have helped a little.. Pam
                  Dx @ 47 with HOCM & HF:11/00
                  Guidant ICD:Mar.01, Recalled/replaced:6/05 w/ Medtronic device
                  Lead failure,replaced 12/06.
                  SF lead recall:07,extracted leads and new device 2012
                  [email protected] Tufts, Boston:10/5/03; age 50. ( [email protected] 240 mmHg ++)
                  Paroxysmal A-Fib: 06-07,2010 controlled w/sotalol dosing
                  Genetic mutation 4/09, mother(d), brother, son, gene+
                  Mother of 3, grandma of 3:Tim,27,Sarah,33w/6 y/o old Sophia, 5 y/o Jack, Laura 34, w/ 5 y/o old Benjamin

                  Comment


                  • #10
                    Re: Work Woes

                    ADA= DISABILITY is ILLNESS.... ILLNESS is DISABILITY IF
                    1. Requires medication
                    2. Last 3 or more days
                    3. Is recurrent
                    4. Affects 'major life function' - breathing, walking, talking..etc..

                    GET some legal advice and take some action.

                    you know where to find me if you need me!


                    Lisa
                    Knowledge is power ... Stay informed!
                    YOU can make a difference - all you have to do is try!

                    Dx age 12 current age 46 and counting!
                    lost: 5 family members to HCM (SCD, Stroke, CHF)
                    Others diagnosed living with HCM (or gene +) include - daughter, niece, nephew, cousin, sister and many many friends!
                    Therapy - ICD (implanted 97, 01, 04 and 11, medication
                    Currently not obstructed
                    Complications - unnecessary pacemaker and stroke (unrelated to each other)

                    Comment

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