I left a few things hanging with my last blog. Not sure
where to start, I am going to run with a comment that was left on my last blog
about disability. *Note: My experience relates only to Social Security
Disability. I am not an attorney and my experience may not be typical.
Social Security Disability Insurance (SSDI) can be a very
frustrating process. There was a LOT I did not understand about the entire
process, even though I thought I did. I’m not an expert by any means, but I
figure it can’t hurt to share my mistakes and lessons.
My myth-understandings:
- You have to
wait until you have been unable to work for 12 months before filing. WRONG
When I first looked into
SSDI, I read that your condition must have lasted or be expected to last for at
least 12 months. I, being blonde and girl, interpreted this to mean I could not
file until I had been unable to work
as a result of my injury for 12 months. What it
really means is that your
medical records must indicate your disability must be expected to last at least
12 months. If you are told the day you are diagnosed that your condition is
expected to prevent you from working for at least 12 months, file online when
you get home
J
- You can’t work
at all in the process before/during filing or after approval. WRONG
The Social Security
Administration (SSA) doesn’t care if you work so long as you do not make over
what SSA calls earning
Substantial
Gainful Activity (SGA). For 2014-15, that amount is $1090 per month. So if
you are able to work part time, do so without worrying about your SSDI claim/benefits.
- If your doctor
hasn’t released you to return to work, you qualify. WRONG
Just because your doctor
hasn’t ‘released’ you for work doesn’t mean you meet a listing requirement. While you may not have a release to return to
work, it may simply be because your physician feels you need more time to heal
and that eventually, all will be okay.
The Social Security Administration has what is known as a “blue book”
that, in some measure of clarity (although not much), lists which diagnoses
qualify for SSDI. The diagnoses listed
often need no additional requirements other than it will prevent you from SGA
for 12 months or longer. There must also
be documentation to confirm the diagnosis.
Typically, this documentation needs to state the condition is
“severe”.
- If you qualify for a ‘permanent’ handicapped
placard/license plate, you qualify for SSDI.
WRONG
These are two distinct
departments: placards/license plates are determined by your state; SSDI is
governed by Social Security Administration (SSA), which is a federal
agency. Each determines your level of
disability a bit differently than the other.
While the physician certification required by your state to obtain a
placard
may be of assistance with an
SSDI application, it does not equate an SSDI approval. Along those same lines, SSA utilizes
adjudicators assigned to each state to determine eligibility for SSDI.
- In order to get approved for SSDI, you NEED to have
a lawyer. WRONG
If you are 50 (or over) AND
meet a qualifying listing requirement, you may be able to be approved on your
initial application. Anyone can file an
initial application online. More information
and a link to application can be found here:
https://secure.ssa.gov/iClaim/dib.
Once the initial application is filed,
it can take several months to hear anything.
Printing your application and submitting as many medical records as
possible along with your application to your local SSA office may reduce the
length of time it takes to receive a response.
If your initial application is denied, you have a few choices:
1) You can file your own appeal
2)
You can hire an attorney to file your appeal
3)
You can re-file at a later date
4)
You can give up
If your application is approved, you can expect to get a letter outlining what
conditions qualified you and how far back your condition prevented you from
SGA, as well as what your monthly amount will be, when you will get that amount
each month and how much back pay you will receive (and when you will get
that).
- If you hire a lawyer, they will get 1/3 of the
amount. WRONG
The SSA governs how much
your lawyer will receive. As of this
writing, that amount is 25% of the past-due benefits you are due to receive, up
to $6,000. Note: this ONLY applies to
back pay. For example: You’re awarded
$2,000 in monthly benefits and $10,000 in back pay benefits. Your lawyer will receive $2,500, which is 25%
of your back pay. If however, you are
awarded $30,000 in back pay, your lawyer will received $6,000, which is the maximum
payment, NOT the $7,500 that would be 25%.
Your lawyer is not entitled to current monthly benefits.
- Once you are approved for SSDI, it will continue
for life. WRONG
The obvious truth is if
your condition improves, you no longer qualify.
However, this may not be as simple as you have had more treatment/therapy/surgery/et.
and you are able to improve your function or that your physician has released
you to return to work. Often, in fact
most often, SSA will have scheduled re-determinations. Usually this is done within 5-7 years of your
initial approval. SSA can (and
sometimes does) perform a determination and decide you CAN perform SGA, even
though you and your healthcare team determine you cannot. In those instances, you should review your
options based on the same format as if you received an initial denial.
- You are in this alone. WRONG
There are many websites and forums that can offer
assistance/advice/support through the application/determination process. Seek them out. Unfortunately, I found them too late to help
much in my process, but my favorite one is
http://ssdfacts.com/
I
filed my initial claim online. I did not
include any medical records but I did list as many providers as I thought were
of importance (note: anyone who has provided care from the Date of Onset {DOI}
IS of importance, include them). I fell
under the first assumption and did not file until I had not been able to work
for 12 months. I also relocated to
another state just prior to filing my claim, as a result, I was not under
current medical care so there was a lapse in my treatment.
A
few weeks after I had submitted my claim, I received a form from SSA regarding
my work history. I filled that out and
faxed it in. I recommend faxing because
you have a date and time proving you submitted the documents as well as
confirmation they were received.
A
few weeks later, I received a call from my adjudicator. He asked me a few questions about my
abilities but mostly about my medical care.
Since I was between providers, he suggested the possibility of being
evaluated by one of the Disability Determination Service’s (DDS)
physicians. Nice gentleman, but he was
determining my qualifications for something that would offer some sense of financial
security. I was not referred to a DDS
physician and a few weeks later I received a denial.
Between
my initial application, the call from the adjudicator and my denial, I found
appropriate medical care. With that in
mind and my denial in hand, I contacted an attorney. I collected as many records as I could (I
discovered SSA did not contact/collect records from one of my providers) and
met with the lawyer who filed an appeal (in my state, it is known as a
‘reconsideration’) and I waited again.
It
was a few weeks before I received a phone call from another adjudicator. This one was more focused on my ability to
perform daily tasks as well as my ability to ambulate and work. Since my physician had prescribed a walker
and my daughter was doing all the housework, errands and driving, the adjudicator
made a decision on my claim quickly. I
received a call from my lawyer notifying me my case was closed but he did not
know if it was approved or denied. Two
days later, my back pay was deposited in my checking account.
A
few more suggestions:
Sign up on the Social
Security website. Even if you aren’t
filing for disability, you can gain access to your social security earnings
record. If you are filing, you can keep
an eye on your claim. This will also
allow you to set up a direct deposit account (which I strongly suggest).
If
you have any questions or additional experiences, please comment below.
Good luck to all who are filing!
***NOTE: This is my
own experience and based on knowledge I investigated on my own. This should NOT be taken as legal advice. I am not an attorney and have no legal
background. I am not responsible for any
errors in legalities within this post.
File claims at your own risk with or without an attorney.
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