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Disability Appeal
boop1967 posted:
Good morning ..I've been denied for disability twice I have appealed with lawyer have a hearing in April..Has anyone been through this ? What can I expect?
dollbug responded:
Hello boop and welcome....MiMi in NC and I do not think I have *talked* to you. Sorry that you have been denied your disability. As you probably already know the system is *broken* and they put people through a whole lot of stress, which is very sad. (Like we don't have enough already to deal with). It is just a process though. If you have worked enough to get this benefit (I think it is 10 years maybe)....and you qualify for it, then you should indeed be granted the disability if you are not able to work. I do know that they say when you reach 50 years old, they have better guidelines for them to follow. You did not say how old you are. But I did want to tell you this.

I am assuming you have your doctor supporting you on this issue. Has the system sent you for their evaluation yet? If not, then you will probably be sent to someone (of their choice) to be tested and questioned. I know that I was. I am learning though that all states are not on the *same wave length* on making decisions. I guess it just depends upon what your state requires. (although disability should be a federal issue and applied to everyone the same-or at least this is my own personal opinion).

I do know that when I was denied, I contacted my state representative and I appealed the decision myself. I did NOT have an attorney but I was approved on the appeal. Now I do not know IF me contacting my state representative had something to do with this or not.

I know that I have read that a high percentage of people who apply do get denied. I think this is just part of the program. It is the way that it has been set up. I think the government *forgets* that this is a benefit that we have paid into, along with our employers. It is NOT an entitlement provided by the government at all. It is OUR OWN money.

OK. I hope this helps answer your questions. If you have an attorney then I hope that you get approved soon. Once you get approved then you should be able to collect so much *back pay*. (I am not sure how far back they now allow you as I do know the *rules* keep changing with this)

Good luck.



boop1967 replied to dollbug's response:
Thank you for your quick response I appreciate it ..
ajnsmom responded:
Hi Boop, Please let us know how your hearing goes. I'm waiting for a hearing to be scheduled. Allsup is representing me, and I have full support from my doctor. I pray that you will win. Fibro hinders work enough, and I have other physical problems as well.

Linda S. (Jax, FL)
unhappybeoch responded:
Hi, I'm going threw crap to with SSD. I was on it and office here says I'm not allowed to be married and receive SSD. And I lost my medical. The money they can stick up their Butt. But I need my medical, cuz I don't have 800 or 900 for insurance that only covers 60% now. I reapplied threw internet. Then the main office will check on it and say some thing. Right now The president screwed everyone. They have change laws for SSI. If your not getting it now. You will not be put on it, without a fight. and I have court paper saying I am disabled. I was fighting for 2 years to get it. Went in front of a judge. And the office here says I am no longer eligible and cut me off without notice.
dollbug replied to unhappybeoch's response:
Hello....MiMi in NC. The office there actually told you that you could NOT be married and receive your SSD? OK....I guess I am not understanding this at all....since being married or not has nothing to do with benefits. I am wondering though since you have also mention SSI if this is what you meant to reference here. People who have jobs pay into the system and what you pay eventually becomes a benefit when you have worked the amount of time required. (I think it is 10 years, not sure though).

You are correct about changes in a lot of things. Sometimes I am not sure anyone actually knows what is going on with important issues. It is like this with almost all government agencies. Sad.

I hope that you can get all of this straightened out. I do know just how confused some things can be especially with us FMers when we have so much to deal with.
I would certainly continue to contact them about this and find out. If you were getting your benefits and the government decided that since you are married you no longer can get your disability, then there is something very wrong with what they are telling you.

Good luck.


missist replied to dollbug's response:
HI.. I'm wondering about this--I read some about it for myself. I don't understand it all but I think there are 2 different kinds of disability programs? One of them--if your spouse makes a certain amount you will not be eligible--but the other one I don't know if it counts.

I have been thinking about folks who live together and are not married--seems unfair.

Anyhow I know what she is saying does have truth in it. My dad got one of the types of disability when he had his brain tumor--but I think he was turned down at first cuz mom made too much money. She was angry cuz someone reccommended that she divorce him so he could get it. They had been married 35 years.

Anyhow she got sick herself and stopped work and he did get it, she didn't go back to work til some time after his death.

My best to you, will pray.
ajnsmom replied to missist's response:
SSI stands for Supplemental Security Income, and it is based on an individual's disability AND total household income. Being married can affect SSI because the spouse's income is included in their calculations. So an individual would have to be disabled AND not go above the income limits for the entire household in order to keep receiving SSI.

SSDI is Social Security Disability Income and is based only on an individual's disability and prior work credits, so being married would not affect SSDI.

I hope this helps.

Linda S. (Jax, FL)
missist replied to ajnsmom's response:
Linda... which one is it that a homemaker is eligible for based on spouse's earnings?
ajnsmom replied to missist's response:
If the homemaker has never worked outside the home and doesn't have enough work credits from prior years, she is not eligible to receive SSDI.

I think she would be eligible to receive SSI if the SSA determines that she is disabled, and if the household income is under a certain amount. I think SSI info is available at also. Hope this helps,

Linda S. (Jax)
nononsenselady responded:
Hi boop,

This isn't really to you since you are already are in the process of trying to get SSDI. You brought up a good subject thought. If you are even thinking about applying start now. I worked for over 20 years and made a very good income. Then I had to work sporadically for the next 7- 8 years with part of that not qualify for the required quarters you need. Finally when I could not work anymore I tried to get SSDI. I found then I did not have enough quarters to qualify because the prior years when I had made a good income had dropped off. They take the best 5 years of the last 10 years. So I had waited too long. My point is that I really think I was technically disabled long before I applied but just never got around to doing anything about it until my good "earning" years had dropped off.
dollbug replied to nononsenselady's response:
Hello this must be the 5 year window that they base your disability on. My sister in law was trying to explain to me that there is a 5 year window that people should know that you must apply within this period in order to get the disability. What a shame that I guess a person who continues to work (even though they may already qualified as disabled is punished for trying to stay with their job to earn a living).

I know that I had disability insurance coverage which I paid for through my employer and when I got laid off 2 days after a had my left hand surgery the company would NOT file the paperwork since I had already filed a worker's comp claim. The company later ended up denying my worker's comp claim as well. So I really got screwed. There was nothing that I could do. Insurance is a good thing as long as a person DOES not need it. To me disability insurance is worthless, if this is how it works.

I know also that when my DH was sick with cancer his company contacted me and told me that I had to get him to apply for his SSD or they would cancel his company benefits. He had both short term and long term benefits too. It is interesting though that when benefits are being presented to employees, the insurance rep does not fully explain just how it all works. Too little, too late to figure it all out when you need it.

Thanks for sharing this.


bette_kaffitz responded:
Dear Boop,

These are some of the things I did when I went for my judicial review--and won.

  1. I dressed clean and neat but not fancy. I wore low-heeled shoes. My hair was air dried, not styled.
  2. I brought a bag with my current meds and another with all the ones I stopped.
  3. When I needed to change position, I did--including a walk around the room as needed.
  4. I told the truth. I didn't exaggerate my disabilities or downgrade them either.
  5. If you have to go to the bathroom while you are waiting for your hearing, go. I was nervous and made 5 or more trips to the ladies room in one hour. The lady who wound up being my judge saw me get up and go all those times. (What job lets you go 5 times in an hour?)

All of this helped. There was visible evidence of the way my life really was. Healthy people don't take all those meds. (The judge checked the labels to see that they were all mine.) They don't usually go someplace "out" with no makeup. They don't look and behave sick.

Just be your normal, real self. Your life has changed. It should be self-evident. If you need a special pillow, bring it. If you use ace bandages or braces, wear them under your clothes, but wear them. They won't scream (think the neck brace in "Erin Brokovitch) disability, but if you have to, you can show them to the judge.

This is your money that you contributed to the system. You are not asking for a dole. You are asking for money to live on--money you deserve.

An_256012 replied to bette_kaffitz's response:
Thank you ...I appreciate your response ..!! Wish me luck!

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