lavenderlily13
02-25-2008, 03:04 PM
Hey everyone,
I know recieving benefits under SSDI is not supposed to be based on anything other than your eligibility, and your diagnosis/ability to work, but you any of you think that really they consider those who have working spouses, and a higher household income as less needy and therefore deny benefits more easily in such cases?
I'm going on two and a half years in this process, and have had several doctors agree that I am too sick to work, and I keep being denied, it's so frustrating, I would definatley work if I could, but am I being shuffled to the bottom of the list for other reasons?
I know that many are denied automatically, and I am still fairly young (38) I just don't understand how this whole thing works, is there really any rhyme or reason to who get approved and who doesn't, or is it just luck?
BTW, I do have an attorney, but they aren't very helpful in being able to explain any of this, they seem just as baffled as I am...
thanks,
~~lily
I know recieving benefits under SSDI is not supposed to be based on anything other than your eligibility, and your diagnosis/ability to work, but you any of you think that really they consider those who have working spouses, and a higher household income as less needy and therefore deny benefits more easily in such cases?
I'm going on two and a half years in this process, and have had several doctors agree that I am too sick to work, and I keep being denied, it's so frustrating, I would definatley work if I could, but am I being shuffled to the bottom of the list for other reasons?
I know that many are denied automatically, and I am still fairly young (38) I just don't understand how this whole thing works, is there really any rhyme or reason to who get approved and who doesn't, or is it just luck?
BTW, I do have an attorney, but they aren't very helpful in being able to explain any of this, they seem just as baffled as I am...
thanks,
~~lily
Sponsor
auntduci37
02-25-2008, 07:57 PM
I dont know if i fully understand your question.
I have heard of people being denied for years before they are awarded disability. I dont know why some are awarded faster than others.
Yes you can be denied SSI solely on income, but if youve worked in the past you can receive SSDI. Or ssdi off your spouses past work history.
But are you asking if they just deny you becuz of income, well no and yes.
you can be deemed disabled, but if your income is too much they can deny you any payment.
Unless you have a work history.
I will be collecting ssdi, but make to much so therefore I dont qualify for ssi, but they are looking into paying me for the months before my ssdi kicked in.
Make any sense?
SSi is a supplement, to bring you up to a certain point your other income leaves off.
i hope i helped you, wasnt sure on what you was asking.
And, I have a friend that is on it and her husband makes well over 50,000 a year she still gets ssdi so i dont think they think oh well this person can wait ...maybe get on your lawyers tail...
I have heard of people being denied for years before they are awarded disability. I dont know why some are awarded faster than others.
Yes you can be denied SSI solely on income, but if youve worked in the past you can receive SSDI. Or ssdi off your spouses past work history.
But are you asking if they just deny you becuz of income, well no and yes.
you can be deemed disabled, but if your income is too much they can deny you any payment.
Unless you have a work history.
I will be collecting ssdi, but make to much so therefore I dont qualify for ssi, but they are looking into paying me for the months before my ssdi kicked in.
Make any sense?
SSi is a supplement, to bring you up to a certain point your other income leaves off.
i hope i helped you, wasnt sure on what you was asking.
And, I have a friend that is on it and her husband makes well over 50,000 a year she still gets ssdi so i dont think they think oh well this person can wait ...maybe get on your lawyers tail...
lavenderlily13
02-25-2008, 08:41 PM
Hi,
Yes, I think you did answer my question~ sort of. I'm talking about recieving beneifits based on my own work history, even though my husband makes a good income, that isn't supposed to impact my ability to collect on my own work experience when I became sick, right?
We're far from rich, middle class, with two kids, my dh makes about 80k, which would be very comfortable without all of my medical bills on top of my lack of income..
I realize there are lots of folks worse off, and that many, many folks are denied for years, my story is nothing new, but I just wonder is behind the scenes, those whose household income is higher have to wait longer than the rest.
If it's not a factor, why did they want all of my husbands information when I applied for benefits for myself?
Anyway, thanks for listening..
~~lily
Yes, I think you did answer my question~ sort of. I'm talking about recieving beneifits based on my own work history, even though my husband makes a good income, that isn't supposed to impact my ability to collect on my own work experience when I became sick, right?
We're far from rich, middle class, with two kids, my dh makes about 80k, which would be very comfortable without all of my medical bills on top of my lack of income..
I realize there are lots of folks worse off, and that many, many folks are denied for years, my story is nothing new, but I just wonder is behind the scenes, those whose household income is higher have to wait longer than the rest.
If it's not a factor, why did they want all of my husbands information when I applied for benefits for myself?
Anyway, thanks for listening..
~~lily
roses4lace
02-25-2008, 10:13 PM
I've heard it's harder for someone as young as yourself. But if you have all the doctor records, and can clearly state how your disability affects your ability to work, it should work out for you in the end.
Income doesn't count when applying for SSDI, unless it's your income. If you personally are making a lot of money at a job, obviously you aren't disabled is apparently how they think.
Most people get denied. I know in some states you get denied twice before getting an ALJ hearing, but here in Alabama, we only get denied once before the ALJ hearing, think they did away with the reconsideration step here. Most people seem to get approved at the ALJ level, where a judge actually listens to you tell why you can't work, and watches your behavior. My attorney went in first and had a private talk before I went in. I've been to two hearings (my son and myself), and both judges were very attentive, listening calmly, and asking appropriate questions. Though I was stressed to the max and barely able to talk, I didn't have the feeling they were deliberately trying to deny me, rather, they were seeing how they could help me better prove my case by asking good questions. Maybe we just had a good lawyer and good judges. If you get denied at the ALJ hearing, I understand things get much more difficult. Good luck!
Income doesn't count when applying for SSDI, unless it's your income. If you personally are making a lot of money at a job, obviously you aren't disabled is apparently how they think.
Most people get denied. I know in some states you get denied twice before getting an ALJ hearing, but here in Alabama, we only get denied once before the ALJ hearing, think they did away with the reconsideration step here. Most people seem to get approved at the ALJ level, where a judge actually listens to you tell why you can't work, and watches your behavior. My attorney went in first and had a private talk before I went in. I've been to two hearings (my son and myself), and both judges were very attentive, listening calmly, and asking appropriate questions. Though I was stressed to the max and barely able to talk, I didn't have the feeling they were deliberately trying to deny me, rather, they were seeing how they could help me better prove my case by asking good questions. Maybe we just had a good lawyer and good judges. If you get denied at the ALJ hearing, I understand things get much more difficult. Good luck!
auntduci37
02-25-2008, 10:44 PM
Then yes, if you have worked you can get ssdi, doesnt matter if your a miilionaire..lol..
its totally based on what you paid in, or your credits. something like that.
I filed for disability in july07 i was 37. i was denied in oct or nov07..put in for my reconsideration in nov and was approved in jan 08.
i think maybe i needed to be off work longer than what i was, i had just been on sick leave since june(end of) then finally had to quit work in late aug.
so i am still 37..lol.. but i dont have many skills..i worked for the same company for 19 1/2 yrs. so its not like i could jump into a desk job or anything.
i dont know what your dr reports say, or even what your lawyer is doing.
but i also got on my knees and prayed big time every night, and asked God to put the right words in my lawyers mouth, and whoever got my case to open their eyes.
So yeah i had a lawyer but i give God all the credit.
i asked him to give it to me in jan, i didnt receive my letter till feb but all the paperwork stated jan 28th.
so god was right on time.
im still waiting on my back pay for dec and jan...but as long as i got it im not worried about it.
have you even gone before a judge yet?
where is it that you live?
its totally based on what you paid in, or your credits. something like that.
I filed for disability in july07 i was 37. i was denied in oct or nov07..put in for my reconsideration in nov and was approved in jan 08.
i think maybe i needed to be off work longer than what i was, i had just been on sick leave since june(end of) then finally had to quit work in late aug.
so i am still 37..lol.. but i dont have many skills..i worked for the same company for 19 1/2 yrs. so its not like i could jump into a desk job or anything.
i dont know what your dr reports say, or even what your lawyer is doing.
but i also got on my knees and prayed big time every night, and asked God to put the right words in my lawyers mouth, and whoever got my case to open their eyes.
So yeah i had a lawyer but i give God all the credit.
i asked him to give it to me in jan, i didnt receive my letter till feb but all the paperwork stated jan 28th.
so god was right on time.
im still waiting on my back pay for dec and jan...but as long as i got it im not worried about it.
have you even gone before a judge yet?
where is it that you live?
Queenneeee
02-26-2008, 01:03 AM
Hi all !! I think I have a few answers for you. I know this board has helped me so much so when I can I try to help out as well.
1. I got my fully favorable last August and I am 'only' 45...In my state after your first denial you go in front of a judge which is where I got my approval.
2. Your husbands income does not effect the outcome of your SSDI case . It is solely based on YOUR work history. Only if you are applying for SSI is your families income considered. My sister at age 48 was awarded her case and her husband is into 6 figures....... ( this is my sister's husband not mine ,ugh, lol)
3. If they are trying to award you SSi for your 5 month waiting like they did against my better judgement (I knew we were over the income amounts) this will cause all your backpay and monthly checks to have a longer delay. I wasn't approved for SSI for those 5 months (like I told my lawyer earlier) but because of this my backpay was not received for 5 LONG months. Most cases if you do not try to get SSI for your 5 waiting months you usually get your backpay within 2 months.
Good luck to all of you and keep on fighting.... take -care, :angel:
1. I got my fully favorable last August and I am 'only' 45...In my state after your first denial you go in front of a judge which is where I got my approval.
2. Your husbands income does not effect the outcome of your SSDI case . It is solely based on YOUR work history. Only if you are applying for SSI is your families income considered. My sister at age 48 was awarded her case and her husband is into 6 figures....... ( this is my sister's husband not mine ,ugh, lol)
3. If they are trying to award you SSi for your 5 month waiting like they did against my better judgement (I knew we were over the income amounts) this will cause all your backpay and monthly checks to have a longer delay. I wasn't approved for SSI for those 5 months (like I told my lawyer earlier) but because of this my backpay was not received for 5 LONG months. Most cases if you do not try to get SSI for your 5 waiting months you usually get your backpay within 2 months.
Good luck to all of you and keep on fighting.... take -care, :angel:
lavenderlily13
02-26-2008, 03:49 PM
Hey Ladies,
Thanks for the replies, and most of all for the laughs, keeping your sense of humor during something like this is priceless!
Ok, first question~ yes, I have had a hearing where I sat in front of a judge and my attorney was there and all that. He spent about 20 minutes asking me questions, but seemed as though he were going through the motions more than anything else. Not too terribly compassionate about my problems, but then I don't think too many men would be able to understand the chronic pelvic pain I have (along with other nasty chronic symptoms like diareah) so embarrasing:o.
I also have bipolar disorder, and I think that the stigma attatched to that makes a lot of folks automatically question if I'm a believable source. The doctor the court sent me to spent the first paragraph talking about how normal I looked. That's another issue, I don't look like a sick person at all ~ but they don't have to live with me...;)
I live in Minnesota, (but I'm originally from the west coast) and I wasn't aware that the procedures vary from state to state, interesting...
I spoke with my attorneys office a little while ago, and there was a major error in the dates of my case, so it sort of was denied due to a loophole, or something I guess, they said it happens alot, it's a way of dragging the process out, and hoping you give up. It's not much of a consolation knowing I have many more months to go, and they might just want me to start another case and let this one get thrown out because of the mistakes ( their still reviewing it...)
Can I just say UUUUUUGH:confused:
ok, thanks again for all the help, If you have a direct line upstairs, put in a good word for me, would ya?;)
take care,
~~lily
Thanks for the replies, and most of all for the laughs, keeping your sense of humor during something like this is priceless!
Ok, first question~ yes, I have had a hearing where I sat in front of a judge and my attorney was there and all that. He spent about 20 minutes asking me questions, but seemed as though he were going through the motions more than anything else. Not too terribly compassionate about my problems, but then I don't think too many men would be able to understand the chronic pelvic pain I have (along with other nasty chronic symptoms like diareah) so embarrasing:o.
I also have bipolar disorder, and I think that the stigma attatched to that makes a lot of folks automatically question if I'm a believable source. The doctor the court sent me to spent the first paragraph talking about how normal I looked. That's another issue, I don't look like a sick person at all ~ but they don't have to live with me...;)
I live in Minnesota, (but I'm originally from the west coast) and I wasn't aware that the procedures vary from state to state, interesting...
I spoke with my attorneys office a little while ago, and there was a major error in the dates of my case, so it sort of was denied due to a loophole, or something I guess, they said it happens alot, it's a way of dragging the process out, and hoping you give up. It's not much of a consolation knowing I have many more months to go, and they might just want me to start another case and let this one get thrown out because of the mistakes ( their still reviewing it...)
Can I just say UUUUUUGH:confused:
ok, thanks again for all the help, If you have a direct line upstairs, put in a good word for me, would ya?;)
take care,
~~lily
auntduci37
02-26-2008, 05:36 PM
Did you include Bipolar as one of your disabilities?
I dont know why being bipolar wold make you less creditable, it isnt a lying disease..lol..
Usually when you face the judge thats when most get it, not all.
I understand how you feel, my illness isnt something you can see on the outside ..well unless your around me all the time.
I have bipolar/major depression/add/ocd.
and getting through a day was hard. i managed but the grace of God, and my mama to make it almost 20 yrs at my company but mom died and my whole world was flipped upside down. I feel like a 10 yr old kid trying to figure this life out.
Im thankful the Lord heard my prayers and knows just how i did try to make it. They might be able to see how hard it is for me but god did.
I still struggle everyday just trying to make it without working.
i had to laugh when you said about the Diarrhea cuz that was the only part my SS guy read outloud to make sure my stuff was written down..lol..i wrote so much and he had to find that specific spot.
lol..
I will remember you in prayer tonight...:angel:
I dont know why being bipolar wold make you less creditable, it isnt a lying disease..lol..
Usually when you face the judge thats when most get it, not all.
I understand how you feel, my illness isnt something you can see on the outside ..well unless your around me all the time.
I have bipolar/major depression/add/ocd.
and getting through a day was hard. i managed but the grace of God, and my mama to make it almost 20 yrs at my company but mom died and my whole world was flipped upside down. I feel like a 10 yr old kid trying to figure this life out.
Im thankful the Lord heard my prayers and knows just how i did try to make it. They might be able to see how hard it is for me but god did.
I still struggle everyday just trying to make it without working.
i had to laugh when you said about the Diarrhea cuz that was the only part my SS guy read outloud to make sure my stuff was written down..lol..i wrote so much and he had to find that specific spot.
lol..
I will remember you in prayer tonight...:angel:
Queenneeee
02-26-2008, 07:22 PM
Hey everyone,
I know recieving benefits under SSDI is not supposed to be based on anything other than your eligibility, and your diagnosis/ability to work, but you any of you think that really they consider those who have working spouses, and a higher household income as less needy and therefore deny benefits more easily in such cases?
I'm going on two and a half years in this process, and have had several doctors agree that I am too sick to work, and I keep being denied, it's so frustrating, I would definatley work if I could, but am I being shuffled to the bottom of the list for other reasons?
I know that many are denied automatically, and I am still fairly young (38) I just don't understand how this whole thing works, is there really any rhyme or reason to who get approved and who doesn't, or is it just luck?
BTW, I do have an attorney, but they aren't very helpful in being able to explain any of this, they seem just as baffled as I am...
thanks,
~~lily
Hi lavederlilly ... I am sorry to hear about what you are going through. I honestly think they don't base it on your household income level or how needy you are (or many would be approved the first go round) I also don't think they base it on if 'you are too sick to work' I feel they base it on DOCUMENTATION. If your doctors think you are too sick to work make them write WHY you are unable to walk, sit , stand for long. Show documentation of test results that prove why you can't sit , stand or walk long. I know my doctor right from the start told me he would win my case for me and he did. He wrote many papers stating how walking , sitting and standing was not something I could do. He wrote on every paper he had to fill out from SS how I was unable to do any of the things they asked about. I know many people wait a very long time to get approved. I do think having many doctors state WHY you can not work helps. If they only state that you can't work that is not enough they must write and prove why you can't work any longer......... my advice would be dont' give up but get tons of testing results and as many doctors as you can to write letters saying why you are unable to work not just your diagnosis. I hope I am typing this clearly. What I am trying to say is a doctor saying 'you can't work' is not the same as them saying 'why' you can't and writing what all you can NOT do. good luck to you ..........take-care, :angel:
I know recieving benefits under SSDI is not supposed to be based on anything other than your eligibility, and your diagnosis/ability to work, but you any of you think that really they consider those who have working spouses, and a higher household income as less needy and therefore deny benefits more easily in such cases?
I'm going on two and a half years in this process, and have had several doctors agree that I am too sick to work, and I keep being denied, it's so frustrating, I would definatley work if I could, but am I being shuffled to the bottom of the list for other reasons?
I know that many are denied automatically, and I am still fairly young (38) I just don't understand how this whole thing works, is there really any rhyme or reason to who get approved and who doesn't, or is it just luck?
BTW, I do have an attorney, but they aren't very helpful in being able to explain any of this, they seem just as baffled as I am...
thanks,
~~lily
Hi lavederlilly ... I am sorry to hear about what you are going through. I honestly think they don't base it on your household income level or how needy you are (or many would be approved the first go round) I also don't think they base it on if 'you are too sick to work' I feel they base it on DOCUMENTATION. If your doctors think you are too sick to work make them write WHY you are unable to walk, sit , stand for long. Show documentation of test results that prove why you can't sit , stand or walk long. I know my doctor right from the start told me he would win my case for me and he did. He wrote many papers stating how walking , sitting and standing was not something I could do. He wrote on every paper he had to fill out from SS how I was unable to do any of the things they asked about. I know many people wait a very long time to get approved. I do think having many doctors state WHY you can not work helps. If they only state that you can't work that is not enough they must write and prove why you can't work any longer......... my advice would be dont' give up but get tons of testing results and as many doctors as you can to write letters saying why you are unable to work not just your diagnosis. I hope I am typing this clearly. What I am trying to say is a doctor saying 'you can't work' is not the same as them saying 'why' you can't and writing what all you can NOT do. good luck to you ..........take-care, :angel:
lavenderlily13
02-28-2008, 10:27 AM
Hi again ladies,
Yes, I did list biplolar disorder as one of the reasons I can't work, since it's definately one of the biggest health problems I deal with. The depression, confusion, lack of concentration and bouts of anxiety, and hypomania are something I struggle with every day to keep under control.
The judge listed the doctors who backed me up, and then systematically dismissed each of their optionions based on things such as their credentials not making them experts in their fields ( my psychiatrist doesn't specialize in bipolar disorder ) my primary care doctor has only known me for three years, and doesn't now enough about gynecological issues to determine the severity of my case, (although I did see a GYN and was treated with meds and surgeries for years before I moved to the midwest) and things like that.
Also, the doctor the judge sent me to said he thinks I have a primary diagnosis of borderline personality disorder in addition to bipolar disorder, so the judge used that as a reason to say my case was 'inconsistent'...Also, like I mentioned before, there were mistakes made. The dates got mixed up to say that I was disabled since 2001, (when I was first diagnosed with endometriosis) and I was still working until 2004, when I was diagnosed with bipolar disorder, so the judge said that was also 'inconsistent' with the facts of my case.
It's reallly outragous when you look at it, my case was just poorly handled, errors were made and not caught, and they threw it out partlly based on these technicalities. The law firm that I hired, dismissed the attorney in charge of my case, and hired someone new, but going through the whole process again will take at least another year, probably longer.
Thank God my Husband's job is going well, and I'm blessed with two great kids, including a teenage son who is actually really helpful, and understanding when I'm having a bad day. My daughter is only 8, and it's harder for her to understand when I'm struggling. This time of the year is always pretty hard for me, we're stuck inside because of the frigid weather, but I think the worst of the cold is pretty much over and spring will be here soon...:)
Anyhow, thanks again for the responses, you're so kind.
~~lily
Yes, I did list biplolar disorder as one of the reasons I can't work, since it's definately one of the biggest health problems I deal with. The depression, confusion, lack of concentration and bouts of anxiety, and hypomania are something I struggle with every day to keep under control.
The judge listed the doctors who backed me up, and then systematically dismissed each of their optionions based on things such as their credentials not making them experts in their fields ( my psychiatrist doesn't specialize in bipolar disorder ) my primary care doctor has only known me for three years, and doesn't now enough about gynecological issues to determine the severity of my case, (although I did see a GYN and was treated with meds and surgeries for years before I moved to the midwest) and things like that.
Also, the doctor the judge sent me to said he thinks I have a primary diagnosis of borderline personality disorder in addition to bipolar disorder, so the judge used that as a reason to say my case was 'inconsistent'...Also, like I mentioned before, there were mistakes made. The dates got mixed up to say that I was disabled since 2001, (when I was first diagnosed with endometriosis) and I was still working until 2004, when I was diagnosed with bipolar disorder, so the judge said that was also 'inconsistent' with the facts of my case.
It's reallly outragous when you look at it, my case was just poorly handled, errors were made and not caught, and they threw it out partlly based on these technicalities. The law firm that I hired, dismissed the attorney in charge of my case, and hired someone new, but going through the whole process again will take at least another year, probably longer.
Thank God my Husband's job is going well, and I'm blessed with two great kids, including a teenage son who is actually really helpful, and understanding when I'm having a bad day. My daughter is only 8, and it's harder for her to understand when I'm struggling. This time of the year is always pretty hard for me, we're stuck inside because of the frigid weather, but I think the worst of the cold is pretty much over and spring will be here soon...:)
Anyhow, thanks again for the responses, you're so kind.
~~lily
Executor
03-01-2008, 11:51 PM
A couple of facts:
(1) Your household income has nothing to do with it. In fact, SS doesn't cross check any SS #s for income until after you've been approved. Then, they'll periodically check to ensure you either have no income or are below the threshold and still receive benefits.
(2) Your delay is because of your young age. 38 is extremely young and the younger one is, the more rigorous the process. The blunt truth is that most SS claims are lifelong payments, so the younger applicants are a potential huge cost factor. That's the hard cold fact.
Hang in there....If your documentation is in order, you'll more than likely be approved, but it will take awhile and may even require a trip before the judge...But many rubber stamp it by the time it gets that far.
Good luck.
(1) Your household income has nothing to do with it. In fact, SS doesn't cross check any SS #s for income until after you've been approved. Then, they'll periodically check to ensure you either have no income or are below the threshold and still receive benefits.
(2) Your delay is because of your young age. 38 is extremely young and the younger one is, the more rigorous the process. The blunt truth is that most SS claims are lifelong payments, so the younger applicants are a potential huge cost factor. That's the hard cold fact.
Hang in there....If your documentation is in order, you'll more than likely be approved, but it will take awhile and may even require a trip before the judge...But many rubber stamp it by the time it gets that far.
Good luck.