Disability Hearing

A forum for our physically challenged members.
Jives
Posts: 3741
Joined: Wed Jan 26, 2005 1:00 pm

Disability Hearing

Post by Jives »

Gee jackie, I'm sorry about your medical problems! It really makes life tough doesn't it? A couple of other members like me have diseases, one of us is even waiting for a kidney transplant. So believe me, we understand your pain.

I have RA (Rheumatoid Arthritus) so my own immune system is attacking my cartilage. It makes typing a pain and I'm a teacher!:o

Best of luck to you!
All the world's a stage and the men and women merely players...Shakespeare
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abbey
Posts: 15069
Joined: Tue Nov 16, 2004 1:00 pm

Disability Hearing

Post by abbey »

Vent away Jackie, and good luck on Tuesday, heres hoping the judge is reasonable x



















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Lon
Posts: 9476
Joined: Fri Nov 12, 2004 11:38 pm

Disability Hearing

Post by Lon »

[quote=jackie]I am a nervous wreck. My disability hearing is Tuesday. I have been waiting two years for this date. The whole reason for this is because in order to recieve Social Security Disability, you have to earn a certain amount in the preceding ten years. I was eligible for years and then was diagnosed eight years ago. I started my own business with the intention of decreasing hours as needed. My disease is progressive. So I did decrease them over the years. Two years ago, I had to stop working and file. I was denied because I unkowingly shot myself in the foot by working..all the while paying into SS. The SS employee told me I would have been better off just applying when I was diagnosed. I asked if I was being punished for contributing to society for as long as I could. He said,"Looks like it."

I re-aplied amending my date to my diagnosis date. I was denied again because at that time I was not disabled. Duh!





Some time back, my golf mentor (since deceased), was a hearing judge for the Social Security Administration. He had to rule on disability claims. I remember him telling me at that time that one of the questions he would ask claimants was "who cleans your home?", if they replied that they cleaned their own homes he no choice but to rule against their claim for disability. The manual which he was obliged to follow stated that if the claimant can clean their own home they could clean someone else's home for pay and therefore was not disabled.

]
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actionfigurestepho
Posts: 1086
Joined: Fri Jul 22, 2005 7:32 am

Disability Hearing

Post by actionfigurestepho »

I was a legal assistant for a lawyer who specialized in disability hearings, and I have some advice.

1. Don't be surprised if they turn you down for this first hearing. You can appeal, and the pay will be retroactive. Half of the people I saw go to a hearing were denied. Sometimes I think they do this to weed out the people who really need it/care about it.

2. Whether you get turned down or not, you need to go to a doctor who specializes in SSD, and have them do an evaluation on your condition. There is a form they will fill out which will give you a percentage of disability...and as you progress you can re-do that evaluation and get more money as needed. Do this ASAP, especially if you need to appeal.

3. If you're still having problems with them, get a lawyer. Yes, they can be expensive. But they usually won't expect any money until you get a settlement. The lawyer will be able to fill get you more money and will be responsibile for keeping your case current. Filing is such a mess of paperwork and little details that it's really worth it to pay someone to keep it straight.

Good luck! I hope the system works for you. Let us know what happens, OK?
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Nomad
Posts: 25864
Joined: Thu Jun 30, 2005 9:36 am

Disability Hearing

Post by Nomad »

This kind of thing infuriates me, it bureaucracy at its worst. You pay and you pay and they deny you your own earnings because guess what ? Theyve gotten themselves in trouble and already spent your money, dug themselves a hole they will never get out of. Who pays ? We do ! Damn well better believe those guys will never miss a pay raise behind closed doors for themselves but to drop everything and fix SS would be disrupting the natural flow of things which as far as I can see is greed and ineptness.

:-5 :mad: :-5 :mad:



All the same I wish you well.

I AM AWESOME MAN


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Betty Boop
Posts: 15537
Joined: Sun Mar 27, 2005 1:17 pm
Location: The end of the World

Disability Hearing

Post by Betty Boop »

jackie wrote: Well, I had my hearing and must say that it was the scariest, most degrading thing I have ever done. The lawyer thought it went well but said we will not really know anything for 30-45 days. My neurologist gave a great report. There was a court appointed vocational expert who the judge always asks questions like, can she do this or that. He asked nothing of the gentleman. He just dismissed me after the lawyer asked me questions.



Jackie



Fingers crossed for you, i have requested a review for my sons Disability allowance, I'm dreading the form dropping through the letter box.
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BTS
Posts: 3202
Joined: Mon Mar 21, 2005 10:47 am

Disability Hearing

Post by BTS »

You go girl.................... Think the best and expect the worst...........
"If America Was A Tree, The Left Would Root For The Termites...Greg Gutfeld."
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mominiowa
Posts: 1576
Joined: Sat Feb 26, 2005 9:39 am

Disability Hearing

Post by mominiowa »

Good Luck Jackie....hang in there-- IF the lady down the street that was an alcoholic and can not work now because of it can get this and work out of her home and screw the government - YOU HAD BEST BE APPROVED! :) Much luck to you..:-4 Don't give up...


~~The Family~~

Happiness is knowing where you come from...

Who you are...

And why you are here.....
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CARLA
Posts: 13033
Joined: Thu Nov 25, 2004 1:00 pm

Disability Hearing

Post by CARLA »

Jackie,

I have a little experience in this area, I was disabled for 10 years and on SSI disability. I was lucky I was approved after applying. I broke my neck not much to argue about with that so I got SSI. I had to wait 2 years for it to start no matter what there is a 2 year waiting period before that first check, I had long term disability insurane through my work saved my life while I waited. It is a humiliting process period I have helped several people jump through the HOOPS and that is excatly what it is, hoop jumping period.

So many people are rejected the first time they apply. I believe this is to weed out some who really can go back to work. But there are many, and I mean many who give up after the first rejection because they are so beaten down, sick and without knowledge of the systems that they can't fight the fight.

It doesn't stop once you get SSI your are still hoop jumping the whole time your on it. It's an endless nightmare of paper work, doctors(your or their's) and constant fear that they will stop the SSI if one word on a report is suspect.

Yes by continuing to work while your were ill and cutting down your hours is going to cost you on your checks from SSI.. they look at a date period in quarters and the pay made during that quarter is what your check is based on.:(

So if you need support or have any questions I'm more than happy to help.

I suggest while your going through this process you also apply for MEDICAL benifits now. Even if you get SSI you will have no medical insurance while you wait, and when your get it you only have medical and outpaient services based on a deductible you have to pay before the benefits actually start paying.

AND NO PHARMACY BENEFITS PERIOD.:mad:

Protect yourself apply for every thing you can in our state. Medical, Food, and Housing all are brutual processing to go through but necessary if your going to be totally disabled for an extended period of time.

GOOD LUCK.. !! ;)
ALOHA!!

MOTTO TO LIVE BY:

"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, chocolate in one hand, champagne in the other, body thoroughly used up, totally worn out and screaming.

WOO HOO!!, what a ride!!!"

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nvalleyvee
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Joined: Thu Apr 21, 2005 8:57 am

Disability Hearing

Post by nvalleyvee »

This kind of injustice really gets my goat!!!!! There are soooo many hard working people who need a little help once in a while and they get punished for being hard working contributors to their own lives. :-5
The growth of knowledge depends entirely on disagreement..........Karl R. Popper
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CARLA
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Joined: Thu Nov 25, 2004 1:00 pm

Disability Hearing

Post by CARLA »

JACKIE,

I know what your going through. I don't want to alarm you but it could take weeks before you get the decision, maybe months. So try and relax and not think about it as hard as that may seem. ;) The wheels of goverment are very slow.
ALOHA!!

MOTTO TO LIVE BY:

"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, chocolate in one hand, champagne in the other, body thoroughly used up, totally worn out and screaming.

WOO HOO!!, what a ride!!!"

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Lon
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Joined: Fri Nov 12, 2004 11:38 pm

Disability Hearing

Post by Lon »

That's good news, however when you are covered by Medicare, it becomes your primary coverage and your husbands insurance becomes the secondary.
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CARLA
Posts: 13033
Joined: Thu Nov 25, 2004 1:00 pm

Disability Hearing

Post by CARLA »

Jackie,

Great news..!! Make sure you get Medicare part A(inpatient benifits) and B(outpatient benifits) you need them both... and the New Part D coverage for medications. Remember it takes two years for Medicare to start so your back date will work in your favor.

Also if you received monies from any source while your were waiting ie: Long Term Disability you will only get the difference back from Medicare to equal what the determine is your monthly benifits. Be very careful with that money hold onto it just in case they find it was an error and ask to have it back that happens more than you think.. so make sure the retro money is really yours to spend.

Once your on Medicare you have 7 to 10 years before they start the process all over again. As long as you have all your documentation from all your visits ect you will be fine. I was on SSI disability for 10 year. I could still be on it but I couldn't live on the money any longer.

I went back to work and SSI disability paid me for an additional 5 months, and allowed me to keep the medical for 5years... ONCE you on your pretty much safe, just keep every piece of paper..

TAKE CARE OF YOUR HEALTH !!;)
ALOHA!!

MOTTO TO LIVE BY:

"Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways, chocolate in one hand, champagne in the other, body thoroughly used up, totally worn out and screaming.

WOO HOO!!, what a ride!!!"

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