Applying for Disability - advice? attorney?

[DeniseM]

I hope that instead of shutting it down you can just nuke the contentious posts.

Will do!

 

[pjrose]

pj;
Take your daughter to a major medical center in New York(ie New York Pres), Philly, Boston(Harvard) etc for a work up.

Thank you, we've done that in Philly. Her medical condition is puzzling, but we keep trying!

PJ

 

[shorts]

PJ,

I have applied for and been awarded SSDI. Sent you an email with a little bit about the experience.

 

[bogey21]

Question - is it a prerequisite that everyone who collects Social Security Disability has paid into Social Security. If it is, I agree it is insurance. If not, it can be welfare. Again, I'm not saying it isn't a necessary part of our society.

Anyone who interprets my comment as trying to make a social issue out of this clearly misunderstood the intent of my question. When I was a kid I was told to ask questions when there was something I didn't know. I guess that no longer works in the politically correct world we live in.

George

 

[DeniseM]

Anyone who interprets my comment as trying to make a social issue out of this clearly misunderstood the intent of my question. When I was a kid I was told to ask questions when there was something I didn't know. I guess that no longer works in the politically correct world we live in.

George

You should try walking in the shoes of the parent of a handicapped or ill child before you make statements like that. You have no idea how difficult, and frustrating, and heart breaking it is. PJ and I have both been through the ringer with our kids, and comments like that are just thoughtless.

 

[teepeeca]

PJ ---

PJ ---sent you an e-mail.

Tony

 

[bogey21]

You should try walking in the shoes of the parent of a handicapped or ill child before you make statements like that. You have no idea how difficult, and frustrating, and heart breaking it is. PJ and I have both been through the ringer with our kids, and comments like that are just thoughtless.

This is my last comment on this board. All I was doing was trying to solicit information. My question was totally misconstrued by moderator.

I am gone forever. Good Luck to you all!!

George

 

[jlf58]

Denise

Sorry but I agree with George. Asking if its welfare was not a shot at anyone and in fact you could make the case that what you think welfare represents is why you got insulted. George, it's the internet, be a little moe thick skinned. Denise is just a bit touchy today

This is my last comment on this board. All I was doing was trying to solicit information. My question was totally misconstrued by moderator.

I am gone forever. Good Luck to you all!!

George

 

[Passepartout]

Sheesh! I thought George asked a reasonable question back in #19, and I thought I answered it in #21. Oh well. Ya can't please 'em all.

Jim

 

[pjrose]

Anyone who interprets my comment as trying to make a social issue out of this clearly misunderstood the intent of my question. When I was a kid I was told to ask questions when there was something I didn't know. I guess that no longer works in the politically correct world we live in.

George

This is my last comment on this board. All I was doing was trying to solicit information. My question was totally misconstrued by moderator.

I am gone forever. Good Luck to you all!!

George

Sheesh! I thought George asked a reasonable question back in #19, and I thought I answered it in #21. Oh well. Ya can't please 'em all.

Jim

I saw no issues with any of your posts here George - please don't leave us!

And in a lame attempt to answer/address your original question, apparently there isn't a requirement that a potential recipient has paid into Social Security. His/her potential disability payments could be based on payments of his/her parents. I also believe that in some cases it could be a "welfare" type payment for a low-income disabled person without Social Security built up, but I find nothing contentious about that nor about your question asking about it.

PJ

 

[geoand]

I didn't see anything constructive about Bogey's comments. The Social Security Administration administers 2 disability programs. The fica taxes that are paid to the IRS funds, Retirement benefits, Survivor benefits, Disability benefits and Hospital Insurance (Part A of Medicare). Part B of medicare is funded by the premiums you pay once you are on Medicare.

As President Roosevelt is noted for the creation of Social Security, President Nixon is noted for the creation of the Supplemental Security Income program. This program was created to essentially federalize each State's welfare programs.

As to how that information is pertinent to pjrose's request is beyond me.

My advice is to file an application for disability benefits. The claims representative will take an application under both programs and then the claims rep will be able to make a formal decision on whether your daughter has enough quarters of coverage to be insured for SSDI. If you and or your daughter's father receive SS retirement or disability benefits or your daughter's father is deceased, the claims rep will take an application for auxiliary benefits on the eligible worker's record. The claims rep will also help you fill out the medical questionnaire and obtain necessary medical releases so that the state agency that makes the medical determination can gather the necessary medical records. If there is insufficient medical data to make the determination the state agency will authorize specific tests or exams at federal expense to gather this info. Your daughter's medical provider will be given the opportunity to provide these tests or exams. A couple of things you will need to keep in mind. Your daughter is of age and will need to file the application. You can certainly assist her. The other thing you need to keep in mind is that medical practitioners generally do not keep the kind of information that will help to determine the degree of disability. They keep records so that they can treat the condition.

There is no harm in filing for the benefits now. There may be harm in filing for them later because the life of the application has a limited retroactive life.

Obtaining an attorney now imho is not necessary.

The medical evidence needs to show that the individual is unable to work at a substantial gainful level. The only way you will know this is to file the application.

Another item I just remembered is that one's personal doctor may state that one is totally disable and provide that statement is the state agency. That statement needs to be supported by the data that the doctor has in the medical records.

A quick summary - - The process is the same whether you are filing for SSDI or the Supplemental Security Income program.

I hope this helps.

 

[Pat H]

I also recommend not starting with an attorney. If she gets turned down, then hire one. The attorney gets 20 or 25% of what they obtain for their client. My nephew gets it because he has Aspergers. However, I do know several people who were able to obtain disability who could have worked if they wanted to. That includes my ex and my sister. OTOH, I also know people who would easily qualify but continue to work thru their pain/disability and go to work. Neither of those comments are meant to cast any doubt on pj's posts.

 

[stmartinfan]

A quick summary - - The process is the same whether you are filing for SSDI or the Supplemental Security Income program.

This was an excellent explanation of the two programs. There are some other significant differences in how the programs work once someone is approved. (The numbers that follow are based on my recollection, so they may not be exact but should be close.)

SSI pays a very low amount - Many people get less than $800 a month. And the recipient cannot have any significant assets - no more than $2,000. If they have a car, it's got to be worth less than that amount. It really is designed to be a "safety net" to help those who otherwise would be unable to provide food and shelter for themselves because of disability. Of course, in many places that's not enough to pay rent and buy much food, much less anything else and the individual's financial records are monitored, I believe. The one additional benefit is that in many states, qualifying for SSI also automatically ensures that you will also qualify for your state's medical assistance program for the disabled, giving you some medical coverage.

Because SSDI is based on someone's earnings they payment is higher - like Social Security retirement payments, it's linked to how much someone paid in. But of course, it's still less than most people would make in a paying job. It also doesn't have the stringent limits on assets, so recipients have more flexibility in managing their lives.

The Wall Street Journal had an interesting article today on how rapidly disability has grown, most recently likely because the recession has pushed people who might been able to work through their disability into the SSDI system because jobs just weren't available. There's also an article about the huge backlog that's existed in the system, based on needing doctors to review all the applicant records. There's a battle between the doctors doing the review, who believe it's important to have a medical background in the disability issue being assessed, rather than just being an MD, and the SS system which disagrees and wants to push the review faster. It's also got an interesting map that shows how some parts of the US - primarily in the SE, many more applicants get approved.

 

[dioxide45]

This is my last comment on this board. All I was doing was trying to solicit information. My question was totally misconstrued by moderator.

I am gone forever. Good Luck to you all!!

George

Denise

Sorry but I agree with George. Asking if its welfare was not a shot at anyone and in fact you could make the case that what you think welfare represents is why you got insulted. George, it's the internet, be a little moe thick skinned. Denise is just a bit touchy today

I see it as a loaded question. There is really no need to know the answer, it was meant IMO to cause a stir. It really didn't provide any information to the OPs situation nor would the answer. His comments in response to his own question (he bolded that comment even in post #19) was just meant to cause trouble. JMO. Why was it so important for boogey to know the answer? He knew that the post would cause an issue.

 

[am1]

Why does it matter if it is considered insurance or welfare as long as the people that are needing it are getting it.

I am sure I would not agree with all the policies but as long as people are getting what they are entitled to it is a good program.

 

[pjrose]

Please don't get the thread closed

People, please, my DD is ill and unable to work. She would far rather work than sit at home collecting money from anyone. I continue to be optimistic that the next doctor or the next med or the next test will help her to manage or eliminate her condition so she can walk outside to get the mail without fainting in the street as she did last week, so she can take a bath without feeling like she is dizzy and might faint (she can't even be alone while in the bathtub!), so she can stand in line at a store without blacking out, so she can walk the dog without fainting in the street, so she can go to the bathroom at school without fainting in the hall, so she can go to a church youth group without fainting, so she can push a grocery cart without falling backwards and having a concussion - all of these and many more have happened - she has even slid out of wheelchairs when we've gone somewhere with a lot of walking and felt we needed to resort to using one.

She is on first-name basis with ER and ambulance staffs. Until/unless this is under control she can't drive, she can't go anywhere alone, and she can't work.

Many TUGgers have been very helpful here, with emails and PMs. I'm sure there's still more helpful info out there, and I'd like to keep the thread open for that.

However, if people get off the original topic of my request for information and start discussing/debating/bickering about welfare, entitlement, insurance, or whatever it "really" is, we're gonna get closed.

Thank you

 

[timeos2]

PJ - bottom line from my experience is apply for her without any legal help to start. That is your best chance of getting whatever she is entitled to and maximizing the actual dollars received. Involving any legal aid on a paid or contingency basis simply means that what she actually gets in pocket will unnecessarily be reduced by XX%.

If you apply and the research SS does results in a denial of the claim THEN sign up for an attorney's help (or perhaps if needed a legal aid type) as trying to fight a denial can be a very tough road. But prematurely involving a lawyer would be needed money lost. Good luck to her & we're hoping a way to control the problem is found for everyone's sake.

 

[laurac260]

Pj, my dh was able to successfully procure Ssdi without an attorney , and was approved 1st time thru . Pm me if you'd like to discuss .

 

[Brett]

The Wall Street Journal just ran an article on Social Security Disability insurance
yesterday
http://online.wsj.com/article/SB10001424052970204621904577016221945984492.html

 

[pjrose]

Thanks, Brett - looks like I have to subscribe, but that's ok!

All...DD got a letter today denying her claim. This is even before the meeting that SS scheduled for her for next week. How they denied it so quickly is beyond me - that isn't even enough time to gather the reams of medical records!

Meanwhile, has been dizzy all week and BP today = 90/60.

I'll be in touch privately with those of you who have sent me info

 

[Passepartout]

Just a hunch here, PJ. We think it's because of her lack of eligibility. Not enough covered quarters. It has nothing to do with her medical condition. As you point out, they haven't had time to amass her files let alone medically qualify her.

Jim

 

[DeniseM]

Just a hunch here, PJ. We think it's because of her lack of eligibility. Not enough covered quarters. It has nothing to do with her medical condition. As you point out, they haven't had time to amass her files let alone medically qualify her.

Jim

Jim - I think she's only about 19 - doesn't she qualify under her parents Social Security Benefits until she's 25?

 

[geoand]

Just a hunch here, PJ. We think it's because of her lack of eligibility. Not enough covered quarters. It has nothing to do with her medical condition. As you point out, they haven't had time to amass her files let alone medically qualify her.

Jim

I agree, the decision was not a medical decision. The denial letter should tell you exactly the reason for the denial. This would be dealing with the SS Disability Insurance.

The other quick denial reason would be based on either too much income or assets and this would be on the Supplemental Security Income application.

 

[Passepartout]

Jim - I think she's only about 19 - doesn't she qualify under her parents Social Security Benefits until she's 25?

I know her age, but am not aware of the cutoff age for filing using her (non SS collecting) parent(s) for qualification. As geoand says, the reason for denial will be on the letter. I was only conjecturing. Henceforth I will keep my speculations to myself. JR

 

[presley]

PJRose, if you have some time later, can you please share with me anything medically you have learned? I have a 20 year old daughter who blacks out frequently - only faints sometimes, but her blood pressure is always very low when she does. She has seen several doctors who tell her that it isn't normal to be like that, but after they order labs, they tell her she is healthy.

She works and for the most part, can function. Sometimes there is no warning, though. Just wondering if you have figured out anything regarding your daughter.