Disabilities question - Disabilities Message Board

monkey5 · 05-13-2003, 10:11 PM

I am new to this certain message board and i have questions about ssi. I have had a learning disability all my life, never finished school can't pass the test for my GED and it really effects my daily life, such as keeping appts, remember instructions and i dont comprehend etc. In the past two years i have had panic attacks and it has gotten worse. I am in councleing right now as it has become more frequent and more severe, maybe even a touch of agoraphobic. I also had depression back in 94 and now i have it again and struggling once again. I have tried therapy and medication and cant find one that works so far, and now my councler suggests a psychatrists for medication issues on this. Now to the point, last year when i injured my shoulder i applied for ssi for all of this and got denied, i didnt appeal because i felt no hope for it anyway, but i wanna some advice on if i should try again and maybe have a chance? I Have everything documented stateing my specific learning disability etc. I am right now haveing to go through a state program to get asssistance but my husband also has to go do to being unemployed and i am scared to death about haveing to get a job. I even schedule my councling appts. on the same day as my sons so i will be forced to go, thats the only way.
Thanks Melissa

05-14-2003, 10:29 AM

Melissa,

When I applied for disabiltiy benefits I had MANY people tell me that it is STANDARD procedure for them to turn down everyone at least twice. Now, I applied for SSD (social security disability) and not SSI (supplimental security income) so I'm not quite sure how the two differ. I was told the only people who aren't turned down initially are those with a termianl illness.

Get a lawyer. Look in the yellow pages of your phone book attorneys who specialize in Social Security benefits. They work strictly on a 'contingency' basis, meaning that if they do not get benefits for you that they do not get paid. So, that means if they do decide to take your case that they are pretty certain that they will be able to win benefits for you.

I waited until I had been turned dwon twice and appealed and requested a hearing before I got a lawyer. In hindsight I wish I'd gotten one right off the bat. Working on contingency they get paid the same no matter how long they are working on your case. (they will take a % of the back benefit payment you receive, with a cap on the total amount. Mine was 25% or $5,300.00 maximim)

From what you have said about your disabilities, and from what I have learned through the process myself, it sounds like you would absolutely qualify for benefits. Maybe you just applied for the wrong benefits and need to apply for SSD instead of SSI. It doesn't matter how old you are for either.

Get a lawyer and re-apply and don't give up. The system is set up so that it is so difficult and depressing to deal with that most people just drop it. Having an attorney helping you along the way will keep you on track and encouraged.

love and prayers,

aj in Oregon

------------------
~ 48 year old female; currently self-employed as an artist/designer/woodcrafter.
~ Previously worked in the restaurant biz for 27 years (not so good for someone with a bad back!)
~ Hereditary and congenital scoliosis, but it never caused any problems until I was 40+ years old.
~ 76 degree curvature had increased 2 degrees in two years 1999-2001; indicating surgery was necessary.
~ Surgery in March of 2001.
~ Fusion and insturmentation of C7 - T9.
~ Fourth rib removed; 5th and 6th rib cut back halfway; removed ribs were morselized and used for the grafting, plus additional bone harvested from hip.
~ After tthe hardware was attached, spine was straigntened 20+ degrees.
~ 2 weeks in the hospital.
~ Brace worn for five months. Bone growth stimulator device also worn several hours per day.
~ PT 5 mos. after surgery caused increased pain.
~ Follow-up surgery to remove hardware scheduled for Feb. 2002.
~ Round 2 of PT 2 mos. after hardware removal.
~ Medically released to return to full activity in July 2002.
~ Increased pain upon returning to regular work schedule.
~ Round 3 of PT in April/May 2003; continually increasing pain.

franjo · 05-14-2003, 01:56 PM

Melissa~

Yes, you will be most likely turned down a couple of times as a matter of course. Stay with the appeals and don't let the time frame lapse, because when you get your SS award, they will pay you retroactively from the time you first applied.

The way I understand it, the difference between SSD and SSI is that the latter is available to those who have not worked enough to contribute to SS withholding, per their standard requirements. The amounts are smaller from what I've been told.

I know of someone who is now drawing SSI for agoraphobia (sp). It sounds like you have a good "paper trail" as far as medical documentation. That's in your favor.

I didn't retain an attorney for my SS case until I'd been denied a few times. It seems to have made all the difference. And I agree with the above post, if the attorney doesn't think you have a chance, s/he simply won't take your case. That can help you to cut right to the chase. I wish I had opted for legal representation at the onset.

Good Luck to You!! Jump through the hoops of the process, and don't miss a deadline. Stay with it, and I believe you'll get good results.

Take Care,

~Teri

Karla · 05-17-2003, 07:55 PM

I applied for SSDI and got it first time no problems for depression. So you can get it the first time, without an autorny, and not being terminal. good luck.