Page 3 of 3 [ 46 posts ]  Go to page Previous  1, 2, 3

KB8CWB
Veteran
Veteran

User avatar

Joined: 27 Feb 2014
Age: 63
Gender: Male
Posts: 637
Location: West Salem, Ohio

17 May 2018, 2:17 pm

kraftiekortie wrote:
I wish Startrekker quite a bit of luck.

I really do.

I do hope there will be a day when she will be able to get off benefits. But for now, it seems like it would be good for her to be on benefits.


I second this! They make it so incredibly hard for people who are truly in need. Best I can tell you is find a lawyer who deals with disability ONLY and has a good track record. If they accept contingent upon winning disability, then you can be assured you have a good case (they know they'll be reimbursed upon winning)! But be prepared to go to the federal level as states rarely approve the applications. The judge in my hearing even intimated that I should have had from the start. But did not outright say the state was wrong. Best of luck Startrekker and keep the faith!



KB8CWB
Veteran
Veteran

User avatar

Joined: 27 Feb 2014
Age: 63
Gender: Male
Posts: 637
Location: West Salem, Ohio

17 May 2018, 2:24 pm

kraftiekortie wrote:
Many people are rejected at first, then get a lawyer on contingency (you don't have to pay unless you're successful), then seem to get approved at least somewhat often, with backpay. Alas, they have to give the lawyer about 1/3 of the backpay as a "fee."


Actually the award is federally capped at $6,000 at least when I got it three years ago, regardless of the back pay amount. Perhaps it is a 1/3 for lesser amounts of back pay? Not quite sure...



skibum
Veteran
Veteran

User avatar

Joined: 18 Jul 2013
Age: 57
Gender: Female
Posts: 8,295
Location: my own little world

17 May 2018, 2:24 pm

KB8CWB wrote:
kraftiekortie wrote:
I wish Startrekker quite a bit of luck.

I really do.

I do hope there will be a day when she will be able to get off benefits. But for now, it seems like it would be good for her to be on benefits.


I second this! They make it so incredibly hard for people who are truly in need. Best I can tell you is find a lawyer who deals with disability ONLY and has a good track record. If they accept contingent upon winning disability, then you can be assured you have a good case (they know they'll be reimbursed upon winning)! But be prepared to go to the federal level as states rarely approve the applications. The judge in my hearing even intimated that I should have had from the start. But did not outright say the state was wrong. Best of luck Startrekker and keep the faith!
That is the boat I am in. I have a disability lawyer who only does disability cases and she gets paid nothing unless she wins. Sucks for her though because it can take over ten years to see a case through and there is no guarantee of winning. And I see how many hours she puts in and how hard she works. And when she does win, the payoff is usually very small. She gets a one time payment which is a percentage of the backpay. She told me the percentage but I don't remember but I know it's not much.


_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."

Wreck It Ralph


KB8CWB
Veteran
Veteran

User avatar

Joined: 27 Feb 2014
Age: 63
Gender: Male
Posts: 637
Location: West Salem, Ohio

17 May 2018, 3:28 pm

skibum wrote:
That is the boat I am in. I have a disability lawyer who only does disability cases and she gets paid nothing unless she wins. Sucks for her though because it can take over ten years to see a case through and there is no guarantee of winning. And I see how many hours she puts in and how hard she works. And when she does win, the payoff is usually very small. She gets a one time payment which is a percentage of the backpay. She told me the percentage but I don't remember but I know it's not much.


Best wishes for you as well skibum! It is a shame to have to fight for it as we do pay into SSDI while employed. It is supposed to be there just in case it is needed. Sure a few are malingerers, but studies have shown the vast majority of recipients are legitimate. Five years seems very long? But then I don't know what state you are in. Ohio had and has a large backlog of cases so I am sure other states are as bad or worse.



ChefDave
Raven
Raven

User avatar

Joined: 15 May 2018
Age: 63
Posts: 106
Location: Nevada

17 May 2018, 3:54 pm

BeaArthur wrote:
kraftiekortie wrote:
Social Security likes to make it tough on people....in a nutshell.

I'd be cautious about making statements like this. It leads to distrust and discouragement, leading to some people not even trying. Also, I found Social Security staff to be nicer than I expected.

Imagine how indignant taxpayers would get if large numbers of unqualified people were drawing this type of disability. There are frauds and cheats out there, but I don't believe most people with autism are among them.


Image

Thank you for posting this. I really appreciated your quite sensible observation ... not that I'm in anyway disparaging krafiekortie whose advice has so often been compassionate and constructive.

Having visited other forums, I've noticed that people who have had their disability claims rejected typically:

1) Have not done their due diligence. The social security office stresses the importance of having all relevant documentation.

2) Have failed to file for an appeal after having had their application rejected. Again, from the social security's own website, the social security administration has said that rejected applications should be appealed and that appeals have a better chance of succeeding as opposed to people who apply and then reapply and then apply again. The case officer who reviews each application will note how many times this application has been previously submitted and denied and the SSA has made it very clear (to anyone willing to take the time to look) that repeated applications are more likely to be denied.

3) Not having the appropriate supporting documentation from a clinical psychologist (see observation 1). An appalling number of people have apparently waltzed into their local social security office and asked for disability because they're allegedly autistic. Many of these people self tested and do not have a clinical diagnosis nor do they have a doctor's letter which states that they're under care but due to --- they are unable to work at the present time etc.

The SSA has standards which are clearly stated on their website ... and yet people continue to apply for disability without any documentation and then they get upset and vent when their application is inevitably denied.

I don't understand this attitude.

(sigh)



Meistersinger
Veteran
Veteran

User avatar

Joined: 10 May 2012
Gender: Male
Posts: 3,700
Location: Beautiful(?) West Manchester Township PA

17 May 2018, 4:13 pm

skibum wrote:
KB8CWB wrote:
kraftiekortie wrote:
I wish Startrekker quite a bit of luck.

I really do.

I do hope there will be a day when she will be able to get off benefits. But for now, it seems like it would be good for her to be on benefits.


I second this! They make it so incredibly hard for people who are truly in need. Best I can tell you is find a lawyer who deals with disability ONLY and has a good track record. If they accept contingent upon winning disability, then you can be assured you have a good case (they know they'll be reimbursed upon winning)! But be prepared to go to the federal level as states rarely approve the applications. The judge in my hearing even intimated that I should have had from the start. But did not outright say the state was wrong. Best of luck Startrekker and keep the faith!
That is the boat I am in. I have a disability lawyer who only does disability cases and she gets paid nothing unless she wins. Sucks for her though because it can take over ten years to see a case through and there is no guarantee of winning. And I see how many hours she puts in and how hard she works. And when she does win, the payoff is usually very small. She gets a one time payment which is a percentage of the backpay. She told me the percentage but I don't remember but I know it's not much.


When I applied for SSDI back in 2010, my SSDI attorney (my regular attorney does not do SSA. His specialty is labor law.), he told me that if he wins my case, SSA will award him 25% of my back pay, up to $6000.00. If that 25% of back pay is more than $6000.00, he will only get the $6000.00. Also, if your attorney charges for copying records, SSA limits that fee to $25.00 per record.

As for the case backlog, we can thank St. Ronnie Reagan for that mess. Remember, it is St. Ronnie that government is the problem.



TechnicallyCalm
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

User avatar

Joined: 24 Oct 2014
Gender: Male
Posts: 74
Location: Long Beach, CA

17 May 2018, 5:17 pm

That explains why my and my sister's first attempt with SSI/SSDI was denied.

Will probably let my mom know what I just learned here.

Thanks guys.


_________________
Michael


skibum
Veteran
Veteran

User avatar

Joined: 18 Jul 2013
Age: 57
Gender: Female
Posts: 8,295
Location: my own little world

17 May 2018, 6:19 pm

KB8CWB wrote:

Best wishes for you as well skibum!
Thank you so much


_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."

Wreck It Ralph


skibum
Veteran
Veteran

User avatar

Joined: 18 Jul 2013
Age: 57
Gender: Female
Posts: 8,295
Location: my own little world

17 May 2018, 6:26 pm

TechnicallyCalm wrote:
That explains why my and my sister's first attempt with SSI/SSDI was denied.

Will probably let my mom know what I just learned here.

Thanks guys.
60% of cases get denied at the first application. I got denied then, and then at my hearing and then at the appeal level. We may try the federal level next. And we had a mountain of evidence not just from the neuro psychologist who diagnosed me and who has been treating me since my diagnosis but from all kinds of sources some dating back 30 years. We also included my entire life's job history record. My lawyer told me that one case she knows well took twenty years to win.


_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."

Wreck It Ralph


kraftiekortie
Veteran
Veteran

Joined: 4 Feb 2014
Gender: Male
Posts: 87,510
Location: Queens, NYC

17 May 2018, 7:10 pm

I would never, in any way, "dis-inspire" anyone from applying for benefits.

All I was saying-----is that Social Security has the tendency to be really rough with people on benefits. I was sort of "venting," actually. I know people who have gotten "cut off" just before a "review" occurs.



KB8CWB
Veteran
Veteran

User avatar

Joined: 27 Feb 2014
Age: 63
Gender: Male
Posts: 637
Location: West Salem, Ohio

17 May 2018, 7:23 pm

skibum wrote:
TechnicallyCalm wrote:
That explains why my and my sister's first attempt with SSI/SSDI was denied.

Will probably let my mom know what I just learned here.

Thanks guys.
60% of cases get denied at the first application. I got denied then, and then at my hearing and then at the appeal level. We may try the federal level next. And we had a mountain of evidence not just from the neuro psychologist who diagnosed me and who has been treating me since my diagnosis but from all kinds of sources some dating back 30 years. We also included my entire life's job history record. My lawyer told me that one case she knows well took twenty years to win.

Getting SSDI for mental health is very difficult unless one is institutionalized from my understanding. Mine was primarily for my physical issues, non-existent short term memory (was an engineer), and for MDD. I left engineering due to the issues and went retail. Did that for quite awhile but the old body gave out. They look at your age, past employment (job types and descriptions) to see if you can use any of those skills even if another line of work. Plus being trainable in another field. As you are over 50, they have to consider your current mental and physical condition and ability to be trained for work that could be done. SSDI is NOT so much because you have a medical condition whether it is terminal cancer, MS, or a host of other issues. It is your ability to do any gainful employment and if you are a candidate for education toward another career. If they determine you can't be retrained for anything within your abilities, then you are judged disabled. They care not how sick you are from the government's viewpoint.



nick007
Veteran
Veteran

User avatar

Joined: 4 May 2010
Age: 41
Gender: Male
Posts: 27,121
Location: was Louisiana but now Vermont in the police state called USA

27 May 2018, 9:09 pm

I started working after I got on SSI & after about 3 years I quit working & when I got reevaluated it switched to SSDI cuz I had paid enough into it from working a lot of overtime. I have a lot of physical & mental issues in addition to being on the spectrum. The main 1s are a rare low vision disorder that includes some colorblindness, a tremor disorder that acts up when doing things with fine motor-skills or when anxious or stressed, dyslexia, & ADD. I got rejected the 1st time I applied for SSI but that had NOTHING to do with my disabilities. My dad had set up a mutual funds account with my name on it when I was a kid so I'd have money for college. SSI considered it a resource & I could not get my name taken off without closing the account. My dad didn't want to do that cuz the stock market had just went down(he was expecting it to go up again instead of a recession) & I wanted a job & my dad figured that I'd lose SSI 1ce I started working. A couple years later I still hadn't had a single job despite my best efforts to find one & I had a mental breakdown & slashed my arm 9x after me & my 1st girlfriend broke up. My dad let me withdraw the funds so I wrote my parents checks to pay em back for various expenses they had paid for me in the last couple years since I graduated high-skewl. I started seeing a psychiatrist around that time as well as reapplying for SSI. She diagnosed me with Aspergers, Borderline Personality Disorder & sever depression. SSI approved me after about 3/4 months. It took abit longer when I got on SSDI because my case was randomly selected for some kind of quality control review.


_________________
"I don't have an anger problem, I have an idiot problem!"
~King Of The Hill


"Hear all, trust nothing"
~Ferengi Rule Of Acquisition #190
https://memory-alpha.fandom.com/wiki/Ru ... cquisition


skibum
Veteran
Veteran

User avatar

Joined: 18 Jul 2013
Age: 57
Gender: Female
Posts: 8,295
Location: my own little world

28 May 2018, 9:18 am

KB8CWB wrote:
skibum wrote:
TechnicallyCalm wrote:
That explains why my and my sister's first attempt with SSI/SSDI was denied.

Will probably let my mom know what I just learned here.

Thanks guys.
60% of cases get denied at the first application. I got denied then, and then at my hearing and then at the appeal level. We may try the federal level next. And we had a mountain of evidence not just from the neuro psychologist who diagnosed me and who has been treating me since my diagnosis but from all kinds of sources some dating back 30 years. We also included my entire life's job history record. My lawyer told me that one case she knows well took twenty years to win.

Getting SSDI for mental health is very difficult unless one is institutionalized from my understanding. Mine was primarily for my physical issues, non-existent short term memory (was an engineer), and for MDD. I left engineering due to the issues and went retail. Did that for quite awhile but the old body gave out. They look at your age, past employment (job types and descriptions) to see if you can use any of those skills even if another line of work. Plus being trainable in another field. As you are over 50, they have to consider your current mental and physical condition and ability to be trained for work that could be done. SSDI is NOT so much because you have a medical condition whether it is terminal cancer, MS, or a host of other issues. It is your ability to do any gainful employment and if you are a candidate for education toward another career. If they determine you can't be retrained for anything within your abilities, then you are judged disabled. They care not how sick you are from the government's viewpoint.
And the sad part is that I am virtually completely unemployable. My job history proves it. I have never ever in my life been able to have gainful employment. I have worked a total of 15 years. When I was married, I was able to be a housewife. But in those 15 years I had about 53 different jobs. My average earnings a year never exceeded more than $3000 except for one fluke year, 2002 where I was paid a lot for what I did and managed to make $9000 between two jobs. Every other year I ever worked I made under $3000. But because of that one year, the judge said that that proves that I can make a living no problem. I am also medically no longer able to work full time. I can only work part time up to about 20, maybe 25 hours a week max. I have worked a variety of different jobs and I have never been able to keep one for over a year. The longest I ever kept a specific job in one place was just under nine months. All of this was because of my Autism and my other disabilities and I might lose the little job I have now. I am also almost impossible to hire now because of my job history and my issues with my disabilities and I am over 50. Yet I cannot be considered disabled for SSDI.


_________________
"I'm bad and that's good. I'll never be good and that's not bad. There's no one I'd rather be than me."

Wreck It Ralph


Tawaki
Veteran
Veteran

User avatar

Joined: 30 Sep 2011
Age: 59
Gender: Female
Posts: 1,439
Location: occupied 313

28 May 2018, 10:21 am

Be prepared for the LOOOOOONNNNNG haul.

My husband just got approved. It's been six years.

His first try was with the Aspergers diagnosis. That got punted from the first submission and two court appeals. This was coupled with his OCD and depression. Nope. Nope. Nope. The judge's take is people with Autism, depression and OCD can work. It's maddening.

It depends on your state and actually where you live on how long all this takes. My state has a two year back log.

The lawyers had him apply after a certain amount of time, but this time the diagnosis was his chronic medical condition that became worse. The autism/depression/OCD was not even listed as a reason because 1) the judge had already ruled those weren't a reason not being able to work. 2) None of those conditions became even more worse.

He was awarded SSDI based on his age (over 50) and his condition has decimated his life. No sane employer, on the open job market would hire him. My husband would miss too much work between his illness and doctor's appointments.

Get an attorney to help you. The laws have changed so much, and you need someone to help gather up all your information. People under 50 have a hell of time getting SSDI where I live.

Also make sure all your doctors are on board with you applying. My husband's first psychiatrist wrote a letter stating he had no clue why my husband was applying. The judge/SSA puts a lot of stock in the medical records.

ETA: Just because you get in home care, doesn't mean the judge will view you "more disabled". Plenty of people have folks who need help getting going in the morning, but are still able to work a job. My brother was a manager at a big box store. Almost all the deli/bakery help were special needs adults who had some sort of drop in home health care.

I'd list it, but don't bank on it swaying the judge in your favor.