A Message from Michael
MCS (multiple chemical sensitivity), CFS (chronic fatigue syndrome) and FMS
(Fibromyalgia syndrome) are "invisible" diseases; they cannot be "seen" by others ("You look normal"), are often shunned by the medical community ("You should see a psychiatrist"), and are not easily verifiable by "objective" medical tests. If I didn't have all three of them myself, I probably wouldn't believe in them either.
There is an old Yiddish saying: "If you want to make God laugh, tell Him your plans."
I had plans to be a successful lawyer, preferably in the trial area, and to have a large law office with a big sign in the street and a large staff. I had all of that at one time. Then, one by one, I developed health conditions that got in the way.
First, I developed chronic pain, which started in my upper back and eventually progressed to other areas of my body. I pursued every medical treatment available and then turned to "alternative" practices, all of which helped a little but none of which eliminated the constant pain. I bought an expensive massage chair for the office to help me get through the day, exercised and did meditation, yoga and took herbals and supplements. I was told I had "Fibromyalgia."
Just as I thought I had adjusted to the unrelenting pain, I started to feel increasingly fatigued. I had to reduce my hours, take in a partner to handle the litigation work, and eventually move the office close to my home. I hired an associate to go to hearings for me. My income declined. I was told I had "Chronic Fatigue Syndrome."
Just as I again thought that I had managed to accommodate my practice to these problems, I started having a marked increase in my lifelong asthma symptoms, which I thought had been under control with inhalers. Once my medications stopped working for me, I noticed, to my horror, that I was reacting to my office and to all of my files, as well as to any kind of books, newspapers, and even blank photocopy paper, in or out of the office environment. I became unable to go into stores or offices, travel on airplanes, stay in hotels, or ride in new cars. I had an asthma attack during one of my hearings in a newly renovated hearings office, as well as during a medical/legal seminar and on the commuter train. I was told I had "Multiple Chemical Sensitivities."
Over the previous 25 years I had represented clients with FMS, CFS, and MCS, as well as those with a host of other diseases and impairments. I had been a pre-med major in college, had worked in a hospital, and was well versed in medical issues. All of this helped prepare me for what happened, but you are never totally prepared until you have these problems yourself.
I have now been forced to move my practice into my home, and handle cases strictly over the computer and Internet, with the help of a part time secretary. Since I am able to practice in the disability field in all 50 states, it occurred to me that with the help of modern computer technology, I could perhaps start to try to help others in this same situation on a national level, and limit my practice to disability claims involving MCS, FMS and CFS. These often occur together and may be related.
One of the problems in practicing in the disability law area, is that a vast body of medical knowledge has to be assimilated, on top of knowing the legal and vocational issues. This is not true of any other area of legal practice with which I am familiar. Lawyers who handle disability cases are almost invariably juggling a large volume of clients who have every malady to which the body and/or mind may be subject. It is, quite frankly, an impossible task and the level of medical knowledge you can absorb is superficial.
We cope with this by relying in the medical professionals to tell us how our clients are limited by their afflictions, and we then match that up to the legal rules and case law to determine if they meet the criteria for "disability", which vary tremendously from one type of disability program to another. In doing this we assume that the doctors are able to verify objectively the patient's condition and express an opinion that can be readily supported by the medical evidence.
This does not exist, however, in cases involving MCS, FMS and CFS. The medical profession is frankly baffled by these conditions and there is a great deal of controversy concerning their validity, let alone how to assess their impact on functionality. There is a marked tendency to try to throw people with these conditions into the "mental impairment" bin just to make their cases easier to win. Not only does this traumatize and stigmatize the clients, but it can cause loss of benefits from private disability plans and/or workers compensation where applicable.
I now have the "luxury" of being able to focus my attention on the study of what scientific knowledge does exist for these conditions, and how this is related to disability standards, and make that knowledge available to my clients throughout the United States. If you have MCS, FMS, CFS, either singly or in combination, and are unable to work as a result, I may be able to help you better than most. I understand you, and perhaps more importantly, I believe you as no one can who does not themselves have these problems.
Thank you for visiting this site. I hope it helps.
Michael J. Walkup, Attorney at Law
Information on the site includes:
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Michael Walkup