Question about disability

[Crazycat]

      Many people fail to make the distinction between SSDI and SSI, two different forms of disability insurance. SSDI is for those who have worked and paid into the system over the years. There are and should be no stipulations regarding property and assets for people applying for SSDI benefits. However, there is a cut-off point at about 7 or 8 years; that is, if you haven't worked over the 7 or 8 years preceding the time you file, you may not be able to get on SSDI and instead have to settle for SSI which is restrictive in terms of how much in the way of personal wealth you have in your name. The amount of money paid-out every month by SSI is also limited, never exceeding around $800 a month.

      As an example, people on SSI cannot own a home, have more than one vehicle registered in their name or have more than $2000 in the bank.

      With SSDI, the length of time you've worked and the amount of money you've earned determines how much you'll be paid every month. SSDI recipients are also paid a year's retroactive pay upon being accepted. It is from this money that the lawyers are paid (automatically by the Government) a percentage, usually no less than $5000.

      SSI is a form of welfare for people who have either not worked enough or not worked at all—such as developmentally handicapped persons. But health care (with the exception of small pharmaceutical co-pays) is covered in its entirety. Retroactive checks for SSI recipients only go back as far as when the claim was opened.

     For those on SSDI, it's a different situation. There are no restrictions on personal property and assets because they have paid into the system. The entitlement, as the monies and property you have, has been earned.

     Also, those who are put on SSDI are automatically put on Medicare, regardless of their age. Your financial status at that point will determine whether you can also qualify for Medicaid (state provided insurance) as a secondary "back-up" and what is referred to as "extra help" from Medicare, where all deductibles and prescriptions are covered (with the exception of small co-pays).

     Jim was 100% correct when he advised "Seek another attorney.  Your household income is not a factor in determining your eligibility for SS disability benefits". That is, unless perhaps the person in concern was being considered for SSI rather than SSDI.

     But as we all know, SSDI can be very hard to get. Social Security is a bureaucracy. Claims are often automatically rejected on the first attempt regardless of the severity of the person's case. The key is to always keep the claim open by continually appealing it every time it is rejected. And by all means, find a good lawyer who specializes in disability claims. They really do get results.

[Palace]

Concise, direct, yet---very personal, well-thought-out and generous writing you posted.  Someone should, "Thank-you!"

[Palace]

I kindly "thank-you" Paul, for your many well-thought-out AN forum posts and tight bonding friendship (soul-mate) over the years.  (closing-in on seven years for you and me)  Our time is valuable and you have shared much interesting data for all of us here.  Jim (moderator) seems fair and chimes-in eloquently when necessary.  Thanks to Jim, as well!

[james e]

I will share my personal experience with you. I applied for SSDI myself and was approved. It was easy. But, FIRST, you must understand what disability means to the government. There are no exceptions. You cannot do the work you used to do. You cannot do some other type of work. Your disability will last at least one year or result in your death.

So if you worked in the circus and walked a high wire and you cannot maintain your balance, then you cannot continue doing the work you used to do. However, if you can sell tickets for entry to the big tent, you can do some other type of work. However, if your physical therapist says you are doing so well, you should be back on the high wire in 6 months, then you will not get disability. If you are dying, it takes about 6 months to get approved, and you will get about 6 months of payments and then die. Generally the deck is stacked against you. Before you fill out the multi-page application form, ask yourself if you are disabled according to the government rules.

If you really believe you are disabled, then apply. Do not write on the forms at first. Write your answers on plain paper and read it two days later...does it still make sense to you? Rewrite it, reread it, rewrite it, reread it...does it make sense? Can you demonstrate that you cannot do your old job, or even do a new job, or are you dying. These are the questions YOU have to answer.

SS will get your doctors information, physical therapy, etc. You will be sent to a government contract doctor to test you, maybe more than one doctor. I went to two contract doctors.

They will contrast your report vs your doctors statements vs the contract doctors statements and make a decision.

THE MOST IMPORTANT PART IS, DO MATCH SSDI DEFINITION OF DISABLED?

There is no retro active pay. You will be declared disabled when you are approved by SSDI. It has nothing to do about when you quit working. If you have an attorney, generally they will paid by the SS. I was on SSDI for two years, and then started on medicare on my second anniversary.

You are filling out a legal document. It is a felony to lie. Do not make any false claims. Do not expect your congressman to help..it is out of his/her hands...there are rules. If you have to reapply, they will contrast your first application vs your second one. That is why it is important to write and reread your application several times over.

I hope this helps someone.

James