Jump to content

social security disability


bpl4269

Recommended Posts

How if at all does one acquire social security disability for this condition? I know it can be a long drawn out situation, but I legitimately hate living with my parents now. I wake up every morning and despise seeing my mother's face. She is making my life a living hell, (if it wasnt bad enough already). I can't stand to be in this household one more second. In the meantime I may ask my grandparents if I can move in with them. But, how do I apply for benefits? If so, will I even be capable of recieving them?

  • Upvote 3
Link to comment
Share on other sites

You can get a form from SS online.  You must have a doctor fill out their part.  It is important not to have drugs as the cause of the symptoms or you will probably be rejected.  Your doctor must have symptons and tests done where appropriate to have ruled out other things.  It is then submitted to the SS disability office.  Note that most people get rejection the first submission.  You then go to a lawyer who resubmits it with additional comments.  If that gets rejected he brings it to court.  No cost to you.  He gets 25% of the past due to you.  You must be not working for 1 year.  You must go to a law firm that specilizes in disability.

Some states give state disability which you can get during your waiting period of the ss disability.

Link to comment
Share on other sites

This is the how SSD and SSI work:

 

Work disability is defined as having health condition/problem such that you cannot work 40 hours a week or you cannot make ~$800 or more a month part time.  And the condition is expected to last longer than 12 months.  It doesn't matter why you got the condition.  What matters is that, in truth, you cannot achieve that. 

 

It is easy to apply - you can do so online. 

 

Now here is were it gets difficult:

 

Your initial application will be approved only if the condition is majorily obvious.  Something that shows on lab work, MRI, etc.  Examples: if you live in an iron lung, your brain is half missing from a gun shot wound (as seen on CAT/MRI scan), your IQ is less than 40, etc.  This is stuff that does not require a doctors judgement ... conditions that are beyond debate.

 

If not, you will be denied.  Then you have 60 days to appeal.  The appeal is handled in court with a judge who speaks with you and decides primarily on your medical records.  You must hire a lawyer (though the law does not require it) ... if you are well enough to defend yourself in court, you can work.  Lawyers for this procedure charge only if they win and it is set at 25% of past claim or $6000, whichever is less.  Sometime SS sends a 'prosecuting' expert who will try to prove that you can work.

 

This second 'phase' is meant to handle non-obvious, interpretive conditions.  Now HPPD isn't considered work impairing condition.  But anxiety/depression can be crippling as well as fatigue.  You need to see doctors (the more the better) who recognize and diagnoses you as having serious, work limiting, problems.

 

It is not unusual for a person to have multiple conditions, that each by itself does not prevent working, but combined it creates this problem.  Again, this second 'phase' is specifically for this.

 

The administering of SS is handled by each state, so there are 50 variations on this theme.  But the above it what happens.

 

 

Now all this may seem intimidating.  It is meant to discourage laziness and fraud, which are rampant.  If you really can't hold down a job, then patiently pursue these steps.  Talk to your doctors and find a good disability lawyer (they consult free).

 

The amount SS will pay depends on your work history.  Part of SS taxes taken out of your paycheck are for disability insurance - disability is an insurance claim.  If you have no work history or low work history such that that payment would be less than ~$800 / month, then you may qualify for SSI.  It is basically ~$800 / month minus any income you may have (like if you work 3 hours a week and get paid, or have interest income).  It is also based on household income, so if your mate works, that is subtracted from it.

 

The first 5 months of disability, there is no benefit payment.  That would start counting from your date of disability.  After 24 for months, you get enrolled in Medicare health insurance.  Social Security is not rich-pickins, but you can survive on it.  And there is no reason to feel guilty or bad about yourself for getting it.

 

As you see, there is a bit to it.  Hope this synopsis helps

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.