I've been waitressing for years- mindless work for me at this point, with a flexible schedule that is more agreeable with the health conditions I have. However, I have been reacting/allergic to the burnt toast smells, and other cooking smells, as well as chemicals in the restaurant I've been working at for about a year and a half. I swell up with edema. I have toxicity issues, with Multiple Chemical Sensitivity and Mastocytosis/Mast Cell Activation Syndrome. This is all medically documented and diagnosed already. I "soft quit," by trying to be nice to tell the manager to please start looking for my replacement, but that this wasn't my official 2 weeks. I don't know what to do. I don't know what other work I can do in my condition. I think I will be applying for SSDI soon, but do need to at least work part time to pay my basic bills right now. Is this a situation that qualifies for Unemployment in the meantime? They are a breakfast restaurant and cannot accommodate me. Thank you.
Addressing only the Social Security questions you raised, you really should consult with a lawyer, there are many other facts that must be explored. First you need to talk to your doctor because prognosis is a factor. For Social Security, the disability has to have lasted or be expected to last for 12 months. In general, if you work part time but still earn over $1,220/month, not counting paid leave or impairment related work expenses, you would be considered not disabled without even getting to your medical issues. These cover about 1% of what I would discuss with a client in your situation.
This is not legal advice. Without being retained or knowing the particular facts of a person’s situation, all that can be offered here is just a general discussion of the question.
I agree with Mr. Bernhardi that there is so much more I would discuss with a potential client than an answer we can post in a paragraph or two. Another factor to keep in mind is that depending on your age, you have to prove to the Social Security Administration there are no past full-time jobs you could return to as well as jobs you may have never done before. This is true specifically for individuals under the age of 50. So with your conditions, for example, they may eliminate your current work, but there are additional question of whether or not they would eliminate your other past work or other types of positions. (again-age dependent) You definitely would be best served by contacting an attorney to look into your records and specifics.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline