Applying for disability

[swamp]

He needs to talk to an attorney who specializes in social security disability.

[andi9899]

Dec 14, 2012 9:01:37 GMT -5 @wrongsideof30 said:

My BIL has very bad back issues. He's recently gotten to the point where he's no longer able to work. He's been on short term disability through work and that will last until the beginning of Feb at which point he will be terminated. He's had a bunch of tests done and met with a few specialists. It is recommended that he have surgery and it's a big one. The surgery is scheduled for Jan. The dr said it will take him a year to recover. My BIL is only ~40 yrs old.

My SIL is freaking out about what they will do once Feb comes and his short term disability runs outs (and his health insurance).

What kind of options does someone in his position have? Would he qualify for social security disability? Is here a huge backlog of people waiting to get on that? What about health insurance? My SIL works full time, but I guess her insurance is pretty crappy and won't cover him.

They need to start applying yesterday. Anyone that I know who has ever been on disability has had to fight them for 2-3 years in order to get it. They have gotten back pay for the years spent fighting them, but they were still starving for a long time. They need to talk to a lawyer and fast.

[Deleted]

Dec 14, 2012 9:12:51 GMT -5 @wrongsideof30 said:

Dec 14, 2012 9:07:33 GMT -5 andi9899 said:

They need to start applying yesterday. Anyone that I know who has ever been on disability has had to fight them for 2-3 years in order to get it. They have gotten back pay for the years spent fighting them, but they were still starving for a long time. They need to talk to a lawyer and fast.

Crap, I thought this might be the case. I'll have my husband talk to my SIL (it's his sister) about getting an attorney. Right now she is "praying".

Also tell her to not discourage.... From what I gather they tend to reject most applicants the first time around and then you have to go back an fight it.

Good luck!

[movingforward]

That is really terrible. I hate to hear about someone so young having to go on disability. I have known 2 people who have had back surgery and it did take several months for them to recover. Luckily, they were able to go back to work at some point. What does your BIL do?

[kristinkle]

I am assuming he is on FMLA now? If so, have him ask his company to send ADA paperwork to see if he would qualify for more time off. Also, does he have long term disability? Usually if a company offers STD, they will offer LTD as well. He should also have the option of COBRA after he is terminated.

[andi9899]

I know one person who was confined to a wheelchair due to an accident and they still fought him on disability for a long time. If he's not disabled, I don't know who is.

But what really gets me is the people who are awarded it and they are able bodied, but just lazy. My dad has 2 neighbors who are both on disability and you see them all the time mowing the lawn, tinkering with their cars, shoveling snow, etc. Get off your ass and work!

[andi9899]

Keep us posted on how it goes. My mom has gotten her first denial from disability. I'm trying to get it through her skull that they always deny you at first and to apply again.

[973beachbum]

Dec 14, 2012 9:21:43 GMT -5 @wrongsideof30 said:

Dec 14, 2012 9:17:39 GMT -5 movingforward said:

That is really terrible. I hate to hear about someone so young having to go on disability. I have known 2 people who have had back surgery and it did take several months for them to recover. Luckily, they were able to go back to work at some point. What does your BIL do?

He makes something for machines. ? I'm not really sure. He's been sent to other countries to help train people. It's physical work though.

He is going to have to talk with an attorney or a disability ins specialist. There are two types of disability insurance and they have different criteria for deciding if you qualify. Some companies and private disability insurance is for if you are disabled and can't do "your" job or type of work. The other, more stringent, kind is if you are disabled from doing any work. SS uses the second test. SS also looks at if you will be permanently disabled by it. I doubt if they would easily agree to him being permanently disabled before he had passed the recovery time from the surgery to see if he does recover.

If he does get permanent disability from SSDI he will qualify for medicare after 2 yrs from SSDI qualification date. Until then they would need their own health insurance. This happens though only if they deem him disabled enough to qualify for SSDI. Sorry it was more help but I hope it all works out for them!

[damnotagain]

They need to start applying yesterday. Anyone that I know who has ever been on disability has had to fight them for 2-3 years in order to get it. They have gotten back pay for the years spent fighting them, but they were still starving for a long time. They need to talk to a lawyer and fast. [/quote]

Remember the lawyer will get no less than a third of that back payment. That's if you win your case.

[Deleted]

They could look at state insurance options for the kids.

My cousin who worked factory jobs staring at 17 had to have a surgery by his 30s and was on disability for a few years, he's back to work now. It took awhile, to heal, and then to fin a viable position.

[milee]

Given how long it takes to recover from the surgery and also to go through the process of getting disability, is there something that he can be training to do that is less demanding on his back? Maybe there's a tech support role he could train for that would let him stay with the company (or a similar one) yet not be doing the physical installations? Or something similar... If he's been a good employee, the company probably wants to keep him. Any desk type stuff he could train or learn into?

[justme]

Dec 14, 2012 9:34:21 GMT -5 damnotagain said:

They need to start applying yesterday. Anyone that I know who has ever been on disability has had to fight them for 2-3 years in order to get it. They have gotten back pay for the years spent fighting them, but they were still starving for a long time. They need to talk to a lawyer and fast.

Remember the lawyer will get no less than a third of that back payment. That's if you win your case.

Incorrect. SS caps the amount that lawyers can get and it's nowhere near a third. Plus if you find a skilled lawyer they can cut down your wait time.

[swamp]

Dec 14, 2012 10:26:58 GMT -5 @wrongsideof30 said:

Is there a website that reviews lawyers to help you find a "good" one?

ask around.

[The Walk of the Penguin Mich]

I'm on disability right now. After I killed all of my sick and vacation time this year, I was still looking at another year of disability. My employer provided LTD as one of my benefits and I paid to supplement it. So at this point, I am getting disability from 3 sources...which total 70% of my previous income.

I had to apply for SSDI and it took me 45-60 days to be approved. The paperwork is long and they need a lot of documentation. I was approved for work LTD before I got approval from SSDI by a couple weeks. My SSDI provides about 35%, my job's policy 25% and the supplemental policy 10%.

I'm lucky that my employer continues to pay my health benefits and their contribution to my retirement.

I didn't use a lawyer, but I did have the name and number for one if I was denied. I was warned repeatedly that I'd need one but fortunately never did.

In my case, I wound up with a huge infection that infected one of my hip prostheses.....then the other. So the past year, I have had 4 surgeries, spent well over a month hospitalized and taken enough narcotics to make an addict happy (thank god that's behind me). Until recently, was totally incapable of walking unaided, driving, cooking, putting on shoes or socks, carrying anything, cooking. The total extent of my ability was basic hygiene, and for the first several months, needed help with that.

I figure I'll need about another 4-6 months before I'll be back on my feet and be independent again.

[thyme4change]

From what I gather they tend to reject most applicants the first time around and then you have to go back an fight it.

A lady at work said she called the disability office for her husband and their case worker immediately said "Don't worry, everyone gets rejected the first time around. Would you like me to explain the appeals process?" To which my co-worker responded "He died last week. You can close the case file."

[The Walk of the Penguin Mich]

Dec 14, 2012 13:04:10 GMT -5 thyme4change said:

From what I gather they tend to reject most applicants the first time around and then you have to go back an fight it.

A lady at work said she called the disability office for her husband and their case worker immediately said "Don't worry, everyone gets rejected the first time around. Would you like me to explain the appeals process?" To which my co-worker responded "He died last week. You can close the case file."

I was told this too. I wasn't.

[justme]

From my limited experience when I was interning at a lawyer's office that handled SSDI on the side (they were mainly WC and PI so 90% of their SS clients also had a WC and PI case) the more documentation you have and the more clearly disabled you are, the less likely you are to get turned down. So if you've been on top of your records and can give them everything with the application and are more obviously disabled you are (Mich's case vs someone that has extreme arthritis/fibromyalgia etc) the more likely you are to get approved the first time. Not that much documentation, especially if it's not a smack you in your face disability, and you're put on the appeals loop.

[The Walk of the Penguin Mich]

So if you've been on top of your records and can give them everything with the application and are more obviously disabled you are

Exactly. I gave them the name, address and phone number of EVERY doctor I had seen, every hospital I had been in, every test that I had done. I don't know if it was too much information, but I bent over backwards to make sure that it was accurate. In my advantage, I was only working from the period of time from mid Dec. 2011 through April/May. I think I received my first check from SSDI in late June.

The other thing that I did was make sure that I had signed release forms included with everything. Every single facility requires a signed release form to release information and many times, each facility or doctor has their own form that they prefer you use. So many times, there was duplication of effort on my part.

[Nazgul Girl]

My husband has enough comorbidities that he got S.S.D. on the first time around. .

[Poptart]

My sister was denied 3 times even tho she was on chemo and having kidney issues, we are still fighting it, and I think we are on year three.

[happyscooter]

Co-worker was diagnosed with MS. Got on disability after 6 months. Less I think. She could still work, she just didn't like her boss, he didn't like her so the owner of the company signed off on whatever and that was the end of that. she now is a SAHM getting about 70% of her previous salary.

[cronewitch]

My dad got SSDI without even applying until he applied for SS.
He was having trouble working so was trying to work 120 hours a quarter to keep medical but he couldn't do it. Mom told him quit trying and she would cover him on her insurance so he quit trying to work. So his work history went from well paid to half as much then quarter as much to nothing over about 5 years. Then when he applied for SS at 62 they saw he couldn't work and had him apply for SSDI, he got the higher amount and a back payment.

Too many people apply who could work is why they turn people down.

[Deleted]

Social Security Disability needs to be done ASAP as there is a 6 month wait period. Get an attorney so it goes smoothly. My ex got approved within a couple of weeks, so all the nonsense about no one gets approved first time through is just here-say. Do the application correctly and provide accurate and complete medical documentation and it gets approved.

Presumably if the company provides Short Term Disability, they also provide Long Term Disability. She needs to look into that and make sure the application is done promptly and correctly (also good to have attorney coach the on that).

[Deleted]

Is he going to have major back surgery and then not have any health insurance?

SSDI can be approved, but it will take 2 years after that to be Medicare eligible.

[Peace77]

He can apply online. He does not need an attorney the first time. He does need good documentation in his medical records that clearly state he cannot work and that his inability to work is expected to last a year or more.
He needs to be clear about what he can and cannot do. If the question asks if he can cook and all he can do is put a TV dinner in the microwave, he needs to explain that. Don't just say "yes". If he prefers to take baths but cannot get in and out of the bathtub, put it down. If he needs help with anything he did before such as dressing himself, put that down.

My SSDI was approved the first time I applied.
If an attorney is hired, they will receive 25% of the back payment.

[TheOtherMe]

My cousin had cancer and the lump sum payment arrived after he had passed away. It was never denied. He died before it got approved. His wife sure could have used the money once the diagnosis came as he wanted to die at home with her being his nurse and she did exactly that. She worked for a wonderful company that gave her a leave of absence (too small for FMLA) and paid her health insurance or she would have had to file bankruptcy in addition to losing her husband.