Social Security Disability - Disabilities Message Board

RetiredDirector · 05-09-2005, 03:08 PM

I posted a question over on the Pain Management Board and someone suggested I repost it here. I am on Social Security Disability for several reasons. I applied for it in August of 2003 and was approved on the first try in February, 2004. I'm still wondering how that happened when I read some of the stories of other people that have to go through appeal after appeal, hire an attorney to help and get denied again. Incredible!

When I started drawing SSD 15 months ago, the paperwork I received stated a review of my case would be in five to seven years. I'm 59 now (58 when I started getting benefits), so I would be 63-65 when I would come up for a review. My Chronic pain consists of Irritable Bowel Syndrom (diarreha several times each day) and neuralgea (chest wall) pain from lung surgery two years ago, which the doctors say I will most likely have for the rest of my life. Also, bone pain where the doctors had to remove two ribs during surgery to get to the lung. Due to the chronic pain problems I have my employer encouraged me to apply for disability and I have a strong hunch wrote favorable letters helping me get approved.

My question is, what happens when I come up for review. I am almost a Baby Boomer, but not quite. You have to be born January 1, 1946 or later to technically be a Boomer and I was born in November, 1945. I have to be 66 to draw maximum Social Security. If I go to the review and for some reason they feel I can rejoin the work force what can I do? Do I hire an attorney and drag it out or hope to be placed back on disability until my 66th birthday? Also, I assume if I'm still drawing disability when I turn 66, they will switch me over to regular SS, even though the amount of my monthly payments would be the same.

One more thing. I understand when I've been on SSD for two years, which will be February, 2006, I will be eligible to draw Medicare. Will they just notify me of this or do I have to do something? Does Medicare become my primary or secondary insurance? I am on my wife's insurance through her work.

Thank you for any answers anyone can give me.

Efilon · 05-09-2005, 05:26 PM

I can answer your question about Medicare. It will be secondary, unless they have changed things in the last several years. My ex was on SSD and had Medicare. It was secondary and really helped. because Medicare would pay the deductibles that insurance wouldn't pay and it counted towards the family deductible so we usually had our deductibles out of the way early in the year.

As far as whether they notify you or not, I don't know for sure, but think they do. This would be an easy question for your local SocSecurity office to answer, I bet.

Nice that you had such a quick approval time. I applied in December 2003, am waiting for the ALJ now. Got an attorney in October of last year after my second denial. He told me it would be at least a year until I would even get a hearing with the judge. So, I'm looking at close to two years before I even go before a judge.

Thank goodness I do have disability insurance from my previous employer. I at least have enough to live on and get by until it comes through. Of course, I'll have to give all my back pay to the insurance company and the attorney, if I get it.

tip2mol · 05-09-2005, 10:05 PM

Hi,

As far as having a review, even though the paperwork is the same horrible stuff- it is not near as difficult as receiving the initial approval for disability. You just have to make sure that your doctors still keep record of your symptoms and have documentation. Actually- you have age on your side. It is much easier for someone who is closer to retirement age to be approved for disability. You should receive some information on Medicare about 2 - 3 months before you become eligible (I did). If you do not receive it 2 months before your eligibility date- then you need to call your local office to just check in.

Take care!

RetiredDirector · 05-10-2005, 02:52 PM

Thank you for your answers to some of my questions. I still have a lot of things I don't know about and what will happen. I do realize I have age on my side, but I don't want to be caught in a situation where they say I can go back to work for a couple years until I reach retirement age. I know I can take SS at age 62, but I would want to step over from the disability to full SS benefits.

Efilon, I did want to point out to you that you are right in that if you are approved you will have to repay the benefits you got from your employers disability policy. I had to, but in my case, it was only one month. The employers disability was less than my SSD, so I only had to give them what they paid out to me. As far as the attorney, his fee is set by the courts. I'm sorry, I don't remember what the percentage of your benefits the attorney can claim. I think it's some where around 25%.

Thanks again for the answers and if I can have a couple more answered, I'll know what I need to have the answers to what I possibly will face when the time comes for review.

feelbad · 05-11-2005, 07:14 AM

You are right about the attorney fee.They cannot take more than 25 percent of your back pay.Its just a small price to pay for actually getting my benefits.I didn't really even think twice about getting one after my initial app was turned down.I couldn't handle things by myself anymore as after that turn down,my depression just totally bottomed out on me.Marcia