General Discussion
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(10,337 posts)Don't fuck around with them. Get a lawyer.
SSDI's first three responses are to automatically deny your claim. Then you get a lawyer, then you get your claim approved. This can take years and tons of paperwork. I went straight to an SSDI lawyer and was approved in three months with almost NO paperwork. The system is set up to benefit the lawyers. Just accept that it is corrupt and get it over with.
Texasgal
(17,045 posts)Just curious as to the five month mandatory wait time?
Seems really messed up! My husband is dying and currently awaiting a liver/kidney transplant. We have gone through so much health wise. We've been approved but the five month issue seems ridiculous!
Downwinder
(12,869 posts)NightWatcher
(39,343 posts)Then youve got to wait two years for Medicare. It's good when you get it, but it's bs that you've got to wait when they acknowledge that you are sick.
Just try to hang on.
Kaleva
(36,312 posts)SSA determined, after a review of my work history and medical records, I was fully disabled a year and 10 months before I applied.
"There is a mandatory wait period that is applied to SSDI claims. You must be disabled for five months after your disability onset date before you can start receiving SSDI cash payments"
http://www.nolo.com/legal-encyclopedia/how-are-social-security-disability-ssi-backpayments-calculated.html
Because I waited so long to apply, my 5 month wait period was already covered and I started getting paid benefits as soon as I was approved for SSDI.
Kaleva
(36,312 posts)SammyWinstonJack
(44,130 posts)KentuckyWoman
(6,688 posts)My husband has a lot of challenges. Out of work for 3 years at one point in the 90's and was approved within 3 weeks of application. I think his reason for disability was so cut and dry it was a no brainer. Once he was able to get back to work it was not full time. At that time he could earn $750 a month and keep all his SSDI benefits. Once he was back full time SSDI continued to pay even after we made sure they knew he was no longer eligible. I put the money in it's own bank account so it would be there to pay back when they asked for it. They did.
IRS reamed us though and I knew they would.
Had to quit working for good in 2011. We had to go the lawyer route on that one. His old issues were still a problem but it was the massive heart attack that put him out for good. They kept rejecting him for not having enough medical proof of disability.
One thing that will help is fill out the questionnaire as if you are having your worst day. Ask someone who lives with you how bad it really is. If you have an illness that will only get worse make sure your doctor notes exactly how bad it's expected to be.
Any problems just go find a lawyer. You won't get much help from Social Security.
Edit to add I know your issues were already worked out ....... posting all this in case someone else clicks into the thread. Info Info Info.
I'm sorry about your husband. You have my full empathy.
You need to go, in person, to your local office and explain that there is a limited life diagnosis and/or dialysis and you need to speak to a supervisor.
Bring your date-stamped receipts of all paperwork submitted to the SSA. If you don't have date-stamped receipts, gods help you but bring every copy of everything you have, including anything and everything from a doctor stating limited life expectancy and/or dialysis. Either one of these fast-track you.
Ditch the lawyer. Keep the 25%. I've done two hearings on my own and won.
Texasgal
(17,045 posts)I am just confused about this five month and TWO year wait for medicare! I mean, shit! What is he supposed to do? He was told by his doctors that he could no longer work back in April. I had to buy an insurance plan for him. We are down to ONE paycheck and still awaiting our first installment. We sold our home and moved into a condo rental to cut down on costs. We are white knuckling right now.
I just cannot imagine what disabled people do without family or friends for five months??? It seems crazy... why the mandatory five month period? I just do not get it!
REP
(21,691 posts)My Disability was granted in 2002 but the judge ruled I was completely disabled in 1999, so my Medicare began immediately. My benefits were only paid back to the date I filed, so that was only $24K or so, and I have private disability insurance (you know, like those Aflac commercials? different company though) so I was okay.
Obviously your attorney is doing it wrong. Take all your paperwork to the SSA office and explain there is terminal diagnosis and/or dialysis. There is no wait period for terminal diagnosis and/or dialysis. Ask at the SSA office what you need to do. You can fire your lawyer at any time.
Texasgal
(17,045 posts)for the plan we bought?
I'm confused?
KentuckyWoman
(6,688 posts)But you also won't have to wait the usual 2 years.
You should try to route of going to SSA office with all the paperwork. Won't help with past expenditures but will help moving forward.
Texasgal
(17,045 posts)Thank you for that! heading down to SSA MONDAY!
REP
(21,691 posts)If the date of disability is determined to be 1/1/2013 then you've already had your two year waiting period.
But that does not matter.
This is what matters.
The doctor saying you'll die in six months or less and/or being on dialysis means YOU GET MEDICARE RIGHT AWAY.
YOU DONT WAIT. YOU ARE FAST-TRACKED FOR BENEFITS.
Really. Monday. Go to the local office. Take everything. Every form you've ever sent them. Everything your doctor has given you, saying what's wrong and how long you'll live and how often you need dialysis. Tell them when you filed. Tell them you don't know what to do now. Tell them you need help.
Your lawyer isn't doing sick. If I weren't 2,500 miles away and you know, seriously disabled, I'd come there and do it for you, but I can't so you need to go there yourself. Really. Do it.
Man...why I wonder the transplant center has never said anything to us? I am annoyed by all of this.
We are just got listed last week. He has been diagnosed with Liver Cancer now. We are being put further on the list.
Thank you for the info.
REP
(21,691 posts)https://secure.ssa.gov/poms.nsf/lnx/0411005601
http://www.nolo.com/legal-encyclopedia/expedited-disability-decisions-terminal-illness-claims.html
I think I've just done more work than your lawyer
Glimmer of Hope
(5,823 posts)I am in the process of applying and my cancer is on the list too. I have been told by social workers that similar patients receive their SSDI within 2 to 3 weeks and it is a pretty straight forward process. An attorney is not needed.
daredtowork
(3,732 posts)When they've burned all their assets, they apply for welfare and get Medicaid. Where I live, welfare doesn't provide direct cash for necessities, and the housing subsidy is a fraction of what rent in the area. Then you keep chasing programs for piecemeal subsidies to take care of different things (transportation subsidy, hygiene kits, etc.). Since it can take years for some people to get SSI/SSDI, think of it as an opportunity to see the absurdity of the current welfare infrastructure.
The whole reason SSI/SSDI is there is that disabled people "need" the money, whereas merely destitute people apparently don't "need" it. Yet by making disabled people wait for years without a safety net, even the people who "need" the support don't get it. So what happens when people who can't work are deprived of resources?
I'm hoping enough people will ultimately go through this process that they will start demanding change. The best solution would be a mincome so there wouldn't be a constant political argument over means-testing and who is "deserving". Just give everyone the money and recapture it from people who don't need it through taxation.
REP
(21,691 posts)Your info isn't really pertinent here. It's not even accurate. I didn't wait years.
daredtowork
(3,732 posts)She's lucky to have your advice so she won't have to go through this.
How is my description inaccurate of what people do when they don't have family to take care of them?
mentalsolstice
(4,461 posts)Was approved on my initial application. If you have a genuine disability, it's all about wording on the application. Too many people answer each question that they have such and such disability, and that's it. For instance, a question about grocery shopping, don't just write in that I have disabling condition, write about the time it took to get to the store and what it entailed while you were there.
Document your disability in the first questions. After that, try to refrain from mentioning it again. Instead, keep the focus on how your disability impacts your life...you can't keep up with a job, and keep up with personal needs at the same time.
Victor_c3
(3,557 posts)I worked for my former employee until they told me to either take their assistance in applying for a disability program offered by them or probably get fired for not being able to perform my job functions.
As part of the application process for the disability program offered by my employer, I had to also apply for SSDI. I worked for my employer with accommodation until I was approved for their program (basically I sat at a desk out of sight of everyone else and surfed the internet all day). However, since I was still working (even with accommodation) I was instantly denied SSDI as I was earning substantially more than their minimum gainful employment threshold. Once I wasn't working anymore I applied for SSDI again and was promptly approved.
My experience has been that sufficient documentation of your disability and how it impacts your life is the main obstacle people have to getting approval. You might be legitimately disabled, but if you can't provide incontestable proof that your disability prevents your from working then you'll be struggling to get an approval.
In the year preceding my approval for SSDI, I was hospitalized after a suicide attempt and hospitalized 3 additional times. Overall, I spent roughly 4 months out of the preceding 12 months in a psych ward. I was on 6 psych meds and going to at least 3 psych/therapy appointments a week.
The thing with lawyers is it is in their best interest to drag out the approval process and number of appeals as long as they can so that they can maximize their fees. From what I've read, I wouldn't bother with a lawyer until you actually start to deal with a judge. Fortunately, I was approved before I had to go that route.
Just be prepared to be viewed by your friends and family as being a lazy piece of crap if you get approved. Apparently if something is wrong in your head you just have suck it up and deal with it like an adult . Everyone gets a little sad from time to time. - And everyone but you knows the trick to curing you .