Working With Disabilities

TAKE ALL NON LEGAL PERSONS LEGAL ADVICE WITH A GRAIN OF SALT INCLUDING MINE. MANY MORE PEOPLE APPLY THAN THE SYSTEM CAN REPORT WHITH PAIN AND MULTITPLE DISABLITIES THERE IS A 70%-90% TURNDOWN RATE ON FIRST APPLICATON.LAST TIME I HEARD. THAT MEANS A MIN 2 YEAR PROCESS IS LIKELY. (AND I AM AWARE OF AN ADULT WHO DID RECIVE THEIR PARENTS BENEFIT.) SEE IF YOUR AREA HAS HOMELESS PREVENTION APLY FOR FOODSTAMPS DON OT GET PAID BACK AND WELFARE YOU WILL HAVE TO PAY BACK AND THEN THEY HELP YOU QUALIFY. IF YOUSAY YOU NEED IT. SEE A COUNTY OR STATE MH AGENCY IF YOU CAN HAVE A DOCTOR PREFERABLY WIHT SPECIALISTS RECORDS LIST ALL CONDITONS AND SHOW % OF DISABLITY OF EACH AND TOTAL DISABILITY. LEGAL AIDE and OTHERS HELP WITH THE APPLICATiON PROCESS TOO. APPLY TO THE STATE VOC REHAB OK IF THEY TURN YOU DOWN BECAUSE YOU ARE NOT READY OR ABLE TO WORK. OR THEY MAY BE ABLE TO HELP GET YOU WORKING NOW AND AVOID THE HELL OF SSI/SSDI APPLICATION.......... You are always better off if you can work and have med benefits. even if its with less pay. i had no help and lost everything before i learned anything!!!!!!! Best of Luck!!!!!!!

 Update: I am now applying with a lawyer, and I have a more firm diagnosis. Instead of applying under "peripheral neuropathy and chronic pain", which was pretty vague, I can now apply under "Complex Regional Pain Syndrome", which is covered under disability as long as I can prove that it will never really go away. I'm also now living with my mother, which sucks considering I'm losing a condo I paid for with my father's inheritance, as well as two cars. I'm also taking online classes, and will probably apply for vocational rehab separately so that I can get some assistance paying for school and finding a job where I can telecommute. My mother can't afford to have me at her house because she's retired and has a limited income, but it was my only choice.

I am new to this site and was surprised at some of the advice that was given to you, compared to what I went through.

I was hurt badly at work in 2000.

1. I applied to Social Security myself and got turned down

2. I then went to a lawyer, who said everybody gets turned down the first time- it seems to be the general rule- they think 'you will go away'.

3.  The law is that a lawyer can only take $5000 to do your social security case- they don't take 25% or anything like that.  The $5000 might have gone up some, but not much.

4. Lawyer said I was the easiest case he had done in years- I have serious injuries that cannot be 'fixed'.  Everything was there in black and white- MRI, CAT, Neuro exams,surgey results.I had the evaluation with the social security doctor also.  I didn't just say I was in horrible pain- it was all very obvious to the judge. I didn't even have to go into the courtroom- I waited outside- I was there if they wanted to talk to me, but what the lawyer had was more than enough.

5. I received my settlement from Work Comp, my social security went back 2-3 years, I don't remember the exact number. It took less than 6 months from the first time I talked to the lawyer, to the time I was granted social security disability by the judge.

I am not saying you are trying to scam them, but if you are not working 'because you don't want to jeopardize getting social security, then I would be doubting that you need it. There are many, many people on social security disability that just don't want to work because they have some aches and pains.  For example- the person who claims back injury/pain, then seems to be able to dance at their relatives wedding.  Or they go on vacation and can go snorkeling, out to a restaurant every night.  Someone who is truely disabled due to injury/pain cannot do these things.

If you are really disabled, it is not hard to be helped by the system, in a short amount of time.

The system has been a good thing for me.  I hope someday I will be able to work part-time, although it is doubtful.

Do all the homework you possibly can. And then BURY THEM WITH DOCUMENTATION!

 An fyi to all: I am responsible for paying for my daughter's college education until she is 23. Her mother got her classified as "learning disabled". Of course it is haed to learn math while you're reading a comic book in class.

 If you're applying for any kind of Social Security entitlement -- especially SSI and SSDI -- you absolutely MUST have your "story" together and each and every form you fill out must jive with any other form you submit or which is submitted by your physicians and other healthcare providers. 

 

You must be so "disabled" that you are incapable of "gainful employment."  Be sure to read the meaning of "disabled" as used by the Social Security Administration (the definition can differ from agency to agency). 

 

Try to get someone experienced in filing SSA applications to help you make out a PERFECT application for benefits.  What you say can and will be used to DISqualify you.  In fact, most applications "regularly" are rejected on first submission; then you have to appeal if denied.   So there's no room for mistakes.  Do it right the first time and you won't face half the crap others who submit faulty applications do down the line.  Once "suspicious", always "suspicious", so do a perfect application the first time around.

 

Contact your local "Independent Living Resource Center" or other disability benefits counseling agency and get coaching each step along the way in your application.

 

Remember, once you write down something that might even be a mistake in wording or clarity regarding the facts of your case, you will be faced with being interrogated on that.  They rarely let "stuff" go, as their mission really is to DENY eligibility wherever possible, even though YOU are entitled to YOUR entitlement monies from SSA.  

 

I would recommend meeting with your witnesses (especially family/friends), doctors, physical therapists, psychotherapists, counselors, nurses, etc., etc., to offer testimony that does NOT contradict your statements of fact, and whose statements regarding your disabling condition you will rely upon to argue your qualification and get you into receiving your benefits.

 

Benefits are paid retroactively to the date of application if you are qualified and approved, so eventually, you'll get what's coming to you monetarily.

 

I would not want to resort to using a lawyer until it became absolutely necessary in order to win your case (as there are points to which you can expect to represent yourself in propia persona at court before it becomes unadvisable to continue to be your own counsel).

 

Yes, it's true that lawyers usually take something in the range of 33.3% of your settlement if reached before the need to appear at a hearing.  The moment trial is on, you can expect to pay usually 40% of your settlement to your lawyer.

 

It's not a rip-off.  The fee is fair and reasonable in a capitalist economy that's going down the tubes anyway.  Most attorneys will tell you they don't get rich representing clients at Social Security.  It's sad but it's true.  It seldom pays enough for lawyers to want to take it on.  

 

Large chain law offices often advertise social security representation on TV, as I've noticed, especially during late night hours (appealing to the disabled).  Careful whom you select.  I'd get references and do research on the firm, including getting feedback from others who've used them.  Usually, your local Bar Association office can arrange to help you get a lawyer through their Lawyer Referral Service.  

 

 Justin 

 You can only get benefits on a parent's record if you were disabled before age 22. If your disability keeps you from working and you have worked in the past you may be eligible for Social Security Disability Insurance on your own record which is actually much less than retirement benefits, not more. If you were disabled when you were 11, you're not eligible for benefits on your father's record.

It is best if you don't work while trying to get your SS. I know that is hard but its the truth. It took me three trys and a lawyer to get mine. However the lawyer I had was only paid if I won. If he wasn't able to help me than he would have gotten nothing. I only had to pay him 20% of my back pay, end of story, but to me it was worth it to get my benefits started. I know it is frustrating but hang in there. Also your doctor is a huge influence on getting your benefits. If you have more than one doctor who agrees that is even better. I wish you the best of luck.

Silva,

Sorry to hear about your struggles. I know it can be frustrating. Make an appointment to go down to the social security office. They will fill out all the paperwork for you and assign you a caseworker. You'll want all documentation related to your disability. Doctors with addresses and phone numbers, when you were last seen, any medications, dates of tests confirming your diagnosis, and anything that may help them confirm your condition. They have a list of pre-approved conditions, mine is muscular dystrophy. If you are accepted and they determine your date of eligibility was a year or later, they'll grant you back payments up to a year. I would not suggest an attorney until they've turned you down. An attorney will be entitled up to 25% of what you collect, so best to wait. I was accepted after my first attempt because I had over 3 years of doctors, operations, physical therpay and tons of tests documented. I signed 17 consent forms, the most my caseworker had seen. He filled out all my forms for me, it took about an hour. I was accepted about 60 days later, and got a back pay check for $26,000 for one years back pay of eligibility. It used to be 2 years but they changed it. I don't know anything about collecting survivor benefits, so you'll have to ask about that. Good luck.

Stephen