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Disability rating and appeal
#11
I think you misunderstood SSDI eligibility.
you should let SSDI decide whether they will pay you rather then deny your own claim by failing to apply.

if you had 12 months or more of an inability to work (including TD) you were eligible.
there are other criteria which you may meet
more information here:
http://www.ssas.com/
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#12
You may have to get back into college to see what is out there(JMO). Can't you take general ed classes right now? There are careers where you do not have to use a computer a lot. One example is a counselor, or therapist. Does psychology interest you? The field is wide for example drug and alcohol counselor etc. As I wrote above I took a career counseling class on-line at a city college and it shows what jobs are on demand, what certain jobs pay and what is needed for college. I think this type of class may be helpful to you. It is a one credit class for those in your situation.

I do not want to scare you but it is not a given your attorney can get a higher rating and if he does that is not money that will last a lifetime.

I agree with 1171. SSDI has absolutely nothing to do with your workers compensation rating. I helped someone recently who had a 14%PD rating and who was approved for SSDI on the first time applying. Your limited use of your hands is substantial. If you are awarded SSDI the back pay may be more than what you get from work comp PD. I would apply BEFORE the time limit is up which I think is 5 years from last day worked. I would apply ASAP. I do not know your financial situation, but you may also qualify for SSDI. I recommend making an apt with SSDI office for help.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#13
(10-05-2015, 06:36 PM)1171 Wrote: I think you misunderstood SSDI eligibility.
you should let SSDI decide whether they will pay you rather then deny your own claim by failing to apply.

if you had 12 months or more of an inability to work (including TD)  you were eligible.
there are other criteria which you may meet
more information here:
http://www.ssas.com/


I was told that the disability rating is (partially) what SSDI would base my eligibility and compensation rate. I will look into this information thank you.

My plan was to wait for the final results of this Worker's Comp. case and disability rating, combined with the results of working with the Department of rehab (whether I can find a job are not), and if I could not find suitable work by the time at all wraps up I would file for SSDI.

The job developer I'm working with through the department rehab (a private company) also specializes in SSDI consulting so I will be gaining some knowledge about it through them.
 
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#14
you are getting bad information; SSDI uses nothing from state workers comp systems.
SSDI comes to their own conclusions from the medical reports.
SSDI determinations take a while especially when an appeal is involved (frequently). you need to get started on it first; not last.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#15
(10-06-2015, 08:22 AM)California_Help Wrote: You may have to get back into college to see what is out there. Can't you take general ed classes right now? There are careers where you do not have to use a computer a lot. One example is a counselor, or therapist. Does psychology interest you? The field is wide for example drug and alcohol counselor etc. As I wrote above I took a career counseling class on-line at a city college and it shows what jobs are on demand, what certain jobs pay and what is needed for college. I think this type of class may be helpful to you. It is a one credit class for those in your situation.

I do not want to scare you but it is not a given your attorney can get a higher rating and if he does that is not money that will last a lifetime.

SSDI has absolutely nothing to do with your workers compensation rating. I helped someone recently who had a 14%PD rating and who was approved for SSDI on the first time applying. Your limited use of your hands is substantial. If you are awarded SSDI the back pay may be more than what you get from work comp PD. I would apply BEFORE the time limit is up which I think is 5 years from last day worked. I would apply ASAP. I do not know your financial situation, but you may also qualify for SSDI. I recommend making an apt with SSDI office for help.

Counseling was one of the first ideas I came up with even prior to contacting the Department of rehab, both the counselors and myself agree that getting a psychology degree is not a realistic goal, and that the positions short of that in that field have a limited job market and do not pay well. Again, I have been working at this for a couple years and have turned over many stones, but I do appreciate your suggestions.

I'm an Army veteran (not during wartime) and went straight into the workforce from there, so I do not have any of the general Ed classes and because my spine is beat up from decades of clerical work even writing with a pen is almost as bad as mousing on a computer. I used to be able to sketch and draw very well prior to my injury, I can no longer do that at all. I can no longer play piano, or most things that require you to have your arm in that position, so that combined with starting from scratch on college is why they all suggest a short-term training or to do my best in transferring the skills I have.

Believe me, you're not scaring me….. I already am, and now I am already very pessimistic about the appeal process.

As I stated in my previous post, SSDI is part of my plan, just have to deal with what's in front of me right now.

As for financial?…. I'm a divorced father with child support, on temp disability, and no career, using his retirement to stay afloat, playing guitar sometimes to eat.
 
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#16
(10-06-2015, 11:53 AM)1171 Wrote: you are getting bad information; SSDI uses nothing from state workers comp systems.
SSDI comes to their own conclusions from the medical reports.
SSDI determinations take a while especially when an appeal is involved (frequently). you need to get started on it first; not last.

Will look into it, have a meeting with a job counselor (that does SSDI advice also) on the 14th. Hopefully I'll learn some good tips.
 
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#17
I cannot reiterate more that workers compensation ratings have zero to do with SSDI qualifying you. There is a time limit to be eligible for SSDI (I think it is 5 years from last day worked (not positive). SSDI can take some years to get approved. I have seen injured workers lose out on this due to getting bad advice form others. If you are approved SSDI will back pay you for the time you were eligible. I have seen injured workers receive 50 grand and up from their SSDI back payment check. If you hire a SSDI attorney, they will receive a small amount of your back pay and there is a limit to what they get. Due to your financial issues you may qualify for an expedited SSDI review. I recommend contacting an SSDI attorney about this. I am not clear on the qualifications.

I am sorry for your condition. I know of another injured worker who's attorney is fighting for 100% PD award because he cannot use her hands. He has a 2 pound weight limit. It sounds like your attorney is going to try and get your rating raised, but I wonder if he can show you are 100% disabled. This has to be established by vocational expert as you have already gone to one. The recent case has placed a damper on these types of claims but not all of them will fall under that case.

The link I provided you with called Beyond The label has jobs listed for those who need accommodation.

I really do not like pushing for SSDI on someone who is willing to work. In your case your medical condition may warrant it, but this does not mean you will be on it forever. You could go to college and get an upper level degree in something like psychology and then go back to work on the SSDI ticket to work program. I understand attending college will be difficult in your condition, but they are supposed to help accommodate you. This can mean having a note taker for your classes etc. I do know of some people who use the voice activated system to do their homework.

One student I took an online class with had no use of her body from the shoulders down and did her homework laying down in bed typing with an instrument in her mouth. She was going to be a psychologist to specifically help others who have physical limitations. We had a online group project and someone wanted the 5 of us to meet to do the project. I recently had a fusion and e-mailed back it would be too painful for me to sit and 3 others e-mailed back they also had difficulties due to their disabilities and stated what they were...but when one student, a 19 year old girl e-mailed back her condition I really changed my attitude towards my own situation. The young girl had to type laying in bed with an instrument in her mouth and had no muscle control from the shoulders down.

It appears that unlike the 19 year old I wrote about above you have not been provided with all the tools needed to successfully attend college. The voice activated system is a start, but I would recommend meeting with a disabled student counselor at another city college to see if they have more resources available to you, like a note taker to site in classes with you and also someone to help type for you etc. I hope they can help you because you seem very motivated. I still think applying for SSDI in the mean time would help take the financial burden off a bit.

I really wish you the best whatever happens.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#18
As I stated in the previous posts I will be looking into SSDI and that my appointment on the 14th is something I feel I should do to learn about SSDI and go from there.

Yes, I am pessimistic about the appeal process and how much better my attorney can do, all I can do is push it forward and hope for the best results. Her document in the appeal states that our case in the vocational expert suggest a 95% disability rating, along with the doctors restrictions set at “no typing or computer use” should pave the way for this, but the judge has dismissed the vocational assessment and the document from the doctor. It will be an uphill battle but at this point I have no choice but to go forward.

From my actions of trying to return to work (unsuccessfully) for a year, and taking it upon myself to get involved with the Department of rehab, it is clear that going on permanent disability is something that I wanted to avoid at all costs. After two years of trying to to salvage the rest of my working career and running into so many dead ends, I do admit that SSDI has become a greater possibility.

I do appreciate and understand the steps disabled people do to make the best of their situation, too many times I'll feel down and see someone in a wheelchair missing a leg, and be reminded that things could always be worse.

I will keep your advice in mind and hope that it helps in dealing with this difficult situation, but there are two things I cannot stress enough to you.

- Trying to get a degree, at my age, with my restrictions, and my lack of college credits, is not wise endeavor. By the time I complete all that schooling I will be very close to the standard retirement age, it's just not a wise use of time.

- My condition stems from arthritis and age. Forcing myself to find ways to access the computer isn't something I plan to do, it goes against the doctors restrictions and is only going to make my physical condition worse. There is no getting around this, even if I were to be able to mouse with my feet, I'm still not supposed to be staring at a computer screen for prolonged periods. The fact is I become allergic to pushing buttons, typing, and technology in general unless I can talk to it and tell it what to do like I'm doing now.(Which unfortunately will not aid me in trying to transfer the skills I already have to a related career.)
 
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#19
allergic to technology! (that's not a medical diagnosis is it?)
wow--never heard of that one.
worse then the bubble-boy........
that will definitely make earning a living difficult ---unless you are Amish
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#20
(10-07-2015, 04:13 PM)1171 Wrote: allergic to technology! (that's not a medical diagnosis is it?)
wow--never heard of that one.
worse then the bubble-boy........
that will definitely make earning a living difficult ---unless you are Amish

Now that you've picked up on that sarcasm, realize that it's not far from the truth & why I've not found a path.

I've been typing or using a computer since the 70's, before ergonomic evaluations or before even doctors knew what carpal tunnel was, I even remember punch cards. At this point my hands/fingers go numb from 15-20 mins of it if I'm standing, sitting, stare too long at a screen, and even if I have to do too many emails with speech software. It's even hypocritical that I have to use the system to educate myself on this subject but that's the world I live in.

I can't sit around and watch TV, I don't do the movies, and can't do a lot of music recording tasks because of this. My condition actually forces me to be active after decades of sedentary work, the only frustration is that I can't do any heavy lifting required for more active jobs.

It may seem like a joke to you but it's not far from my reality.
 
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