TOTALLY GEEKED!

lilyofcourse wrote:

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Noo... that's how you decided to take it.

And then you told me to kiss you ass.

You have attempted to tear apart my experience and have called 5 different lawyers stupid, have said that my family should have moved, questioned the age of a relative, and told me what "should have" happened.

You went on the attack.

All because of the way you chose to read a post.

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 Maybe you should look closer at what you type.   And yes, if that many truly disabled people in your family could not get disability - there is a problem.  

The answer to this question actually explains quite well why people often get denied for disability.  And the average person filing by themselves do not understand all the rules and can screw up their case before they decide to get a lawyer:

Question

Is is true that Social Security denies everyone after they file a application, to force them to have to appeal to get disability benefits?

Answer

No, it is a myth that all disability claims are denied the first time around. The Social Security Administration (SSA) has no regulation, policy, or formula that influences the disability system in such a way that almost every initial application for Social Security disability benefits is automatically denied. But it's easy to see how so many people would believe that Social Security has such a policy. Though the approval statistics vary by state, nationwide, about 70% of all disability claims are denied on the first application filed with the Social Security Administration. And Social Security will keep denying you for disability if you continue to make new applications instead of filing an appeal (generally, the goal is to eventually get your case heard by a judge in an appeal, which gives you the best chance of winning).

Some people also believe that the SSA denies claims for SSDI (Social Security Disability Insurance) to delay a case, hoping that the applicant's eligibility for SSDI will run out before the applicant can file another claim. This isn't true, either, although it does sometimes happen that an applicant will be denied on a disability claim and will file a new application at a later date, only to find that his or her insured status for Social Security disability benefits has expired. When this happens, an applicant's only option is to hire a lawyer to get the prior disability claim reopened or file an SSI disability application (SSI is the low-income program, which pays lower benefits than SSDI).

What does it mean when we say that an applicant's insured status for Social Security Disability has run out? SSDI is like an insurance policy, and every SSDI applicant has something called a DLI, or date last insured. The DLI is based on a person's work history in the last five out of ten years. The DLI can basically be thought of as an expiration date for Social Security Disability benefits. For more information, see our article on the date last insured (DLI).

In short, while many, many applicants for Social Security do get denied, those that have very severe impairments that make it impossible to work are often able to get benefits on the first try. 

Lawyerlady wrote:

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lilyofcourse wrote:

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Lawyerlady wrote:

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Not everyone gets denied - although when the disability claim is based on pain that is hard to prove, like back injuries, RA, etc., then yes, it can take years.

However, with a diagnosed terminal illness that can't really be disputed, or doesn't have any subjective opinion, it goes faster. My babysitter's husband was fast-tracked and approved in less than 2 months when he was diagnosed with early onset dementia.

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 No. Not according to my lawyer.

He had just gotten a ruling after going to court with a cancer patient. 

Patient had end stage brain cancer, was given maybe a year, and she was denied.

That was the second round of attempts to get her disability. 

They had been trying for 8 years.

 

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 I wrote a general post to this thread.  You quoted it and told me I was wrong, all because you think you know everything.  

I'm not playing games, and I'm not the one attacking. You started it.  Next time you want to deny someone else's personal experience because it doesn't match yours - perhaps you should think twice. 

And furthermore, I AM a lawyer, and I don't have to agree with something b/c YOUR lawyer said it.  

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 Your statement says terminally ill automatically gets disability. 

AND that isn't always the case.

lilyofcourse wrote:

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Though the approval statistics vary by state, nationwide, about 70% of all disability claims are denied on the first application filed with the Social Security

That's 7 out of 10 people get denied with the first filing.

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 Many of them because they don't do it right. 

Domestic Engineer wrote:

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Another issue is people confuse SSI with SS Disability.


Social Security Disability is for people who have worked and paid into social security for the least 10 years preceding the illness / disability.

SSI is for low income, low assets people with disabilities. So a disabled child/young adult is eligible for SSI, but not SS Disability.

I had a friend with a brain tumor unable to draw disability. He had been a minister for 39+ years and had never paid into social security, therefore he was ineligible to draw disability.

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 Yep.  And if you haven't worked for 5 out of the last 10 years, you are not eligible, either.  There are a lot of technicalities to getting disability - it's not all medical necessity.

Lawyerlady wrote:

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lilyofcourse wrote:

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Lawyerlady wrote:

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lilyofcourse wrote:

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Lawyerlady wrote:

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Not everyone gets denied - although when the disability claim is based on pain that is hard to prove, like back injuries, RA, etc., then yes, it can take years.

However, with a diagnosed terminal illness that can't really be disputed, or doesn't have any subjective opinion, it goes faster. My babysitter's husband was fast-tracked and approved in less than 2 months when he was diagnosed with early onset dementia.

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 No. Not according to my lawyer.

He had just gotten a ruling after going to court with a cancer patient. 

Patient had end stage brain cancer, was given maybe a year, and she was denied.

That was the second round of attempts to get her disability. 

They had been trying for 8 years.

 

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 I wrote a general post to this thread.  You quoted it and told me I was wrong, all because you think you know everything.  

I'm not playing games, and I'm not the one attacking. You started it.  Next time you want to deny someone else's personal experience because it doesn't match yours - perhaps you should think twice. 

And furthermore, I AM a lawyer, and I don't have to agree with something b/c YOUR lawyer said it.  

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 Your statement says terminally ill automatically gets disability. 

AND that isn't always the case.

 

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 No, it doesn't say that.  However, they do get fast-tracked, which is supported by my other posts, the disability website, and numerous other articles.  

Lily- just because you are on disability does not mean you know everything about it.  Lots of other people have experience with it, too.

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 No. I dont. I never made that claim.

Domestic Engineer wrote:

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Another issue is people confuse SSI with SS Disability.


Social Security Disability is for people who have worked and paid into social security for the least 10 years preceding the illness / disability.

SSI is for low income, low assets people with disabilities. So a disabled child/young adult is eligible for SSI, but not SS Disability.

I had a friend with a brain tumor unable to draw disability. He had been a minister for 39+ years and had never paid into social security, therefore he was ineligible to draw disability.

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 Exactly. 

lilyofcourse wrote:

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I'm not back peddling.

According to you, they are all stupid.

Every last one of the 70% denied on the first time are stupid.

No matter if they had a lawyer or not.

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 I did not say that.  I said many of them were denied based on technicalities, which is supported by the graph I posted.  Many people screw up their own filings.  

Now who's playing games?

Lawyerlady wrote:

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sweet tooth - is she on the transplant list?

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 not yet but she is almost at the point where she should get on the list

Lawyerlady wrote:

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Yep. And that's why people who REALLY need it have such a hard time getting it - because of all the fraud. It takes time and resources to weed through the scammers, and some of them I think just end up getting it through persistence rather than real need. Or, they heal over time, and never bother to go back to work. Hell, if some of them put as much effort into physical therapy and finding a job they are still able to do as they do trying to get disability....

But when over 2 million people a year apply, mistakes are going to be made, and it's going to take a lot of time. That's why they have the fast track program for the terminally ill.

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 And I think that is the bulk of the issue.  People get the check, heal, and find they can do work under the table to supplement their disability check.  It is disgusting.  

I know what to do_sometimes wrote:

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Domestic Engineer wrote:

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Dad was so surprised that he could continue to draw disability for 6 months after he returned to work. He put the money in a separate bank account so he could return it to social security if they wanted it. He did everything above board. He is a proud man. I think he would have sold newspapers on the street corner before staying on disability.

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 I think it is a good policy to continue paying after returning to work.  It encourages hard working people such as your Dad to get better and try a return to the workforce and know if it doesn't work out, they will still have income. Unfortunately, so many take advantage and commit fraud.

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 So do I.  It encourages people to TRY.