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Do I qualify for Social Security? - kitty - 04-19-2008 01:14 PM
I'm at MMI, my payments have stopped however I do have a permanent partial disability. Do I qualify for SSDI?
RE: Do I qualify for Social Security? - evolution3 - 04-19-2008 01:25 PM
It is my understand that you have to be 100% and not be able to do any meaningful work. And that you are going to be out of work for at least one year. You also have to wait six months from filing date.
RE: Do I qualify for Social Security? - chrischris - 04-19-2008 01:49 PM
Here is the SSD site online. Your questions posted are too vague for anyone to give you a correct answer. http://www.ssa.gov/disability/
RE: Do I qualify for Social Security? - red1030 - 04-19-2008 03:23 PM
Hi kitty.... your question is very vague but hopefully this will give you an idea of where to start learning about your situation. This gives you several sites, then the application process, the determination process, criteria of determination, and some examples. Good luck to you.
SSDI Sites
http://www.disabilitysecrets.com/question1.html
http://www.disabilitysecrets.com/social-security-disability-multiple-sclerosis.html
http://www.mult-sclerosis.org/fatigue.html
Blue Book site http://www.ssa.gov/disability/professionals/bluebook/general/-info.htm
http://www.ssa.gov
First step…. NOTIFY YOUR DOCTOR THAT YOU ARE FILLING FOR SSDI---------This is very important and I will explain it later in the information that I am sending to you.
Application Process
1. Call your local SSDI Field Office
2. Request an application to file for disability
3. Or…you can go on line and file the application...
4. (Option) Obtain a lawyer. They will charge you only when you win and you will pay them up to 5% of your recovery pay or a maximum of $5,300.00. This is paid from your back pay once approved. Your back pay is pay that you will receive that begins from the moment your doctor says that you are unable to work at anything minus 5 months.
5. Complete the forms and mail or email to the SSDI office in your region.
Application Stages
1. First stage is called a “Determination †This means that a SSDI medical person and case manager will review your information. At this stage these two people will make a decision based on your medical records only. First Reason that notifying your doctor is very important.
2. Second Stage is called “Reconsideration.†This means that SSDI received a 2nd application from you after you were turned down in the first stage. Greater than 97% WILL BE TURNED DOWN IN THE FIRST STAGE. You only have 60 days to file again, after date of denial. So keep this in mind.
Again…in reconsideration two people from the SSDI department will review your medical information. This will be based on more information than the medical record. They will send you to see their doctors as well usually. They will also send you what they call Function Reports. They will ask that you fill out one and that you have another person complete the second one. These are very important and must correspond with your doctor’s assessments, treatments, and prognosis which will all be reviewed through his or her documentation.
3. Third Stage is the Hearing. If turned down in the second stage, you will reapply and then a hearing will be scheduled for you. In the hearing, you can present any information that you deem relevant to your request for SSDI. The judge makes the decision.
4. The fourth stage is when you would go before a grand hearing and it is similar to the third stage except a jury makes the decision.
Each of these phases will take about 6-9 months each. Once approved, you will receive pay from the date post 5 months of your disability which is called your “back pay.†It will come in a lump sum. From this sum is how the lawyer is paid. SSDI will pay the lawyer directly for you.
Disability Definition
There are three definitions for who can receive disability based on definition. You would most likely fall under individual who is under 65 year of age, previous work history, and who meets disability definition.
Definition by SSDI: The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
Medically Determinable means that medical evidence consisting of signs, symptoms, and laboratory findings are documented by a treatment facility.
How is Disability Determination Made?
1. Current work activity – They will ask such questions as are you working now. If you are working now, stop, because you can’t work and apply for social security through disability.
2. Severity of impairment – This is based on Diagnosis, Treatment and your Function Reports.
3. Function Capacity – They will review what it is you can do now. If you are capable of making 900.00 per month then you will not qualify for SSDI. This is decided through your function reports also. These reports are written by you and a person who knows you. These reports must have some similarity to your healthcare providers and treatment reports. For instance, you can’t write on the function report that you go everywhere in a wheelchair and walk in to a doctor’s office without a wheelchair. However, what you could say is that you are walking 50-100’ without equipment assistance and then you have to rest before you start again. Or you would not want to say that you are unable to dress yourself and Occupational therapy says that you can.
4. Past Work Experience – What kind of work did you do in the past. What kind of activity does it require. This of course will be compared to your functional and medical reports for any similarities. For instance, by profession, I am a RN. My functional reports state that my husband helps me to remember to take my medications. My mental health reports that anxiety and depression create memory lapses. This would all state that I could not work as a nurse safely. However, let’s say that there is a job that through a simple task sheet I could do such as answer a telephone sitting at a desk then SSDI would expect me to do that.
5. Age – After the age of 50 years of age, they will most likely not expect a person with a disability to attempt to try another job especially with a progressive disabling disease such as MS.
6. Education – Education is important because the higher the degree the greater the chance that a person could find a job that doesn’t require physical activity. For instance, my father can’t read or write his name even. He was a manual laborer all his life. He had heart surgery and was told that he could not go back to the lumber mill to work at the age of 52 years old. He received SSDI on the first stage of determination. Between his ages, lack of education, work experience of physical activity, he was a strong candidate for disability.
Medical Evidence and Reports - Medical Reports are very important and there is a different criteria that each situation is judged on to meet the need for Social Security… below is an example of a person applying for SSDI that has MS.
Your medical reports must include some or all of the following. Any one of the listed situations may help you to qualify, but one must be present.
1. Disorganization of motor function (significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movement, or gait and station).
2. Visual impairment (Field of vision, acuity, and visual efficiency impairments).
3. Mental Impairment requires the following to be considered:
a. Documentation of medically determinable impairments.
b. Consideration of the degree of limitation such impairment may impose on the individual’s ability work.
c. Consideration of whether these limitations have lasted or are expected to last for a continuous period of at least 12 months.
There must be documentation of at least one of the following:
a. Disorientation to time and place.
b. memory impairment
c. perceptual or thinking disturbance
d. change in personality
e. disturbance in mood
f. emotional liability
g. loss of measured intellectual ability of at least 15 IQ points.
The above situations much result in at least one of the following.
a. Restriction of activity of daily living
b. Difficulties in maintaining social functioning
c. Difficulties in maintaining social functioning
d. Repeated episodes of decompensation
Or this by itself…this is very important for someone with MS to have documented by their physician.
Significant reproducible fatigue of motor function
Documentation must include a diagnosis of MS, description of fatigue which interferes with usual activities, and evidence that the system has actually become fatigued…
This is very long…I apologize for all the reading, but as you can see you need to understand the process of application and the process used by Social Security to determine your eligibility … hope it helps some. Red
RE: Do I qualify for Social Security? - red1030 - 04-19-2008 03:24 PM
I forgot to mention, to learn more about the criteria for your specific issues use the web site where the blue book is. The blue book is what is used to determine if you qualify for disability. Red
RE: Do I qualify for Social Security? - sparkey - 04-19-2008 06:27 PM
I thought i just read somewhere recently that if it is your dominant hand that it is much easier to get SS? Also how the doctor writes how your testing came out for proof of injury and disability to function. Such as dressing, etc. to go to work?? Am i wrong?
RE: Do I qualify for Social Security? - e3mrk - 04-19-2008 09:46 PM
Social Security just dosnt just look at Your Work Injury,They Look at everything that is wrong with You.They look at Your Age and if You have any transferable Skill's and if You can be re-trained for other Work.
50 is the age that it gets easier to get approved.
I can tell You this from Personal experience.
RE: Do I qualify for Social Security? - Lilly - 04-20-2008 02:14 PM
Yes, i agree w/ E3...They consider EVERYTHING that is wrong with you.
First thing my lawyer told me is this.."DO NOT HOLD BACK listing ANY of your ailments or medical problems on the SSI form". SPILL YER GUTS, period. My injured shoulder is simply the straw that broke the camel's back as far as SSD was concerned.
BUT you must have recent medical testing results to back it up.
Good luck to you! Lilly
RE: Do I qualify for Social Security? - red1030 - 04-20-2008 06:31 PM
Hi all...and lilly... I agree with what has been said above...however, the main criteria is about your quality of life and how a disease, injury or combination of both affect your life in terms of day to day functioning. Lilly is very right in that it is a must that every thing that you are experiencing is documented in your medical records. If you have a side effect from a drug that you take for your injury such as a headache... you most definitely want to have this documented becasue it will have an affect on your energy levels, ability to concentrate, ability to socialize, ability to drive and so forth. This is just an example of assuring that even the smallest of signs and symptoms are reported to your doctor and then carely examine how does this symptom affect your day to day life. Depression is another really big situation that most people who are going through as many changes each as someone who as been injuried on the job most likely will go through...how does this affect your quality of life..or day to day life's activities.. do you cook for yourself... do you do your shopping...do you socialize and how much... how are you coping in larger groups and so forth... there are so many questions that could determine just on depression alone that you would qualify for SSDI. Let me know if you have any other questions... Red
RE: Do I qualify for Social Security? - red1030 - 04-20-2008 06:35 PM
I just thought of another issues that a lot of people do not consider, and that is about your energy levels or fatigue. Peoples who are in a lot of pain, or even depressed for a number of reasons, will most likely experience fatigue and reduced energy levels. If this is a symptom you are experiencing you want it documented and also considered in terms of how it affects your life. ARe you too tired to get dressed every morning, does your anxiety rise when you attempt to exert too much energy to shower or brush your hair or teeth... how does it affect you ability to communicate with people on the phone or have to stopped going to a church or other social type events becasue you are just to tired to get dressed and go. There are so many things that may affect you life as a result of any injury. Red