Social Security Disability

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  • Major Tom
    Very Senior Member - OFC
    • Aug 2009
    • 6181

    #1

    Social Security Disability

    Why is it so difficult to get this benefit that I assumed was available to all who had worked? My wife was denied because she hadn't worked in the last 5 years She retired 12 years ago and didn't need this 'benefit' until she had a horrendous accident 2 years ago. Because of that accident, she cannot walk without a walker or cane. She cannot stand or sit for long periods. So, she cannot get a job now and needs help.
  • Vern Humphrey
    Administrator - OFC
    • Aug 2009
    • 15875

    #2
    Social Security is a rip-off, and everyone should realize it.

    Comment

    • JB White
      Senior Member
      • Aug 2009
      • 13371

      #3
      Hire a disability attorney. Being rejected is step one. Being rejected a second time is step two. Appeal to federal court is step three. Takes about a year before the case can be heard. Strike three and you're out. Hire an attorney now so everything is documented. The dates officially recorded determine the amount of back pay if awarded.
      Can't say this enough. Hire an attorney. Typically their fee is a percentage of the award. Most times 13 to 15 percent but that depends upon your attorney and the state in which you live.

      Sadly, frivolous claims are the reason for the difficulty in making a claim. Your first rejection might come from your own states SS office. The second claim might be forwarded to a DC desk jockey with a doctors title which can be for cosmetic reconstruction or hair restoration etc. Its a doctor who is more familiar with paperwork than people. An individual with a rubber stamp and a booklet of excuses.
      Hire an attorney!!!!

      Forgot to add. Anything an individual can do may be grounds for disqualification. So if an individual had been a nuclear physicist but can be a store greeter or sell product from home, they are considered able to work.
      You've got the unable to stand or sit part covered. Now cover failing eyesight (no computer work) and loss of hearing (no telemarketing or reception etc.)
      Last edited by JB White; 10-15-2019, 07:54.
      2016 Chicago Cubs. MLB Champions!


      **Never quite as old as the other old farts**

      Comment

      • togor
        Banned
        • Nov 2009
        • 17610

        #4
        MT sorry to hear your wife is in a difficult state of health. Life is precious and to experience it in pain like that is so unfortunate.

        Comment

        • Allen
          Moderator
          • Sep 2009
          • 10627

          #5
          Originally posted by JB White
          Sadly, frivolous claims are the reason for the difficulty in making a claim.
          Welcome back JB.

          Sadly, like you say frivolous claims are the reason. For many it is their ultimate career goal. I know of people and hear of a lot people who are on disability. The numbers are really on the rise.

          I have a cousin who worked as a male nurse at a local hospital for many years. His eyesight started to fail and he was FORCED into disability. He wanted to continue working but for safety sake the hospital had to release him.

          Had a lot of co-workers at the refinery that went out on DB. There were other jobs they could have done but here it is all too easy to file and collect.

          If it were me I would try to find an attorney who specializes in DB. They are more apt to get things done, advise and not charge you more than you will collect.

          Best of luck--keep us posted.

          Comment

          • Tuna
            Senior Member
            • Aug 2009
            • 2686

            #6
            Remember its only good till one hits 65 then you switch over to standard SS.

            Comment

            • Sunray
              Senior Member
              • Sep 2009
              • 3251

              #7
              "...retired 12 years ago..." Suspect that's your answer. You can't collect both. At least, that's what she'd be told, up here.
              Like JB says, go talk to a lawyer to be sure, but I suspect they'll say, "Are you retired or not?".
              Spelling and grammar count!

              Comment

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