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Old 09-03-2011, 05:54 PM
 
13,694 posts, read 9,011,664 times
Reputation: 10411

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Quote:
Originally Posted by pommysmommy View Post
We see people everyday with kidney disease who hire attorneys to obtain disablility benefits when they qualify automatically under the ESRD program, once they start maintenance dialysis, if they have the required work quarters. Too bad the attorneys didn't have the integrity to tell them that a simple form 2728 signed by the doctor and filed by the dialysis facility would qualify them for benefits.
Too bad indeed. We do not see many of such cases at the Administrative Law Judge level, since those on dialysis usually are paid soon after filing: assuming they are not working. Recall, engagement in substantial gainful activity will defeat any possible finding of disability, even if disability can be 'presumed' due to medical factors.
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Old 09-03-2011, 05:57 PM
 
9,855 posts, read 10,415,085 times
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Some people run out and hire disability attorneys as soon as they are told they will eventually need dialysis. It is reprehensible that attorneys will take these cases and charge the clients.
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Old 09-03-2011, 06:48 PM
 
Location: FL
1,710 posts, read 3,139,630 times
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I applied a coupe of months ago. My whole damn neighborhood is on it and we had a catastrophic storm recently, every damn one of them was out running chain saws, stacking wood, feeding wood chippers, etc. I can't do those things.

I think what a lot of people don't realize is if one has to to take scheduled narcotic medication just to be able to be comfortable enough to move around and get to sleep....you have to tell a prospective employer your on the stuff, your know your going to be drug tested, huge red flag right there.

My claim has already hit a snag....SSI has told my lawyer I'm employed as of now. I haven't had a job in 3 years. Identity theft? Could be, somethings not right.
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Old 09-03-2011, 07:06 PM
 
6,993 posts, read 6,339,494 times
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Quote:
Originally Posted by pommysmommy View Post
Any person who hires an attorney for disability is a fool. An individual is able to do the same thing an attorney will charge you to do. I have total contempt for these attorneys who don't tell people that they are doing the same thing the person the attorney represents could do. What a total rip off!
I know 5 people who are collecting SSDI. One, a cousin, was approved on his first application. All of the others were first denied, hired an attorney, and were then eventually approved. All collected back payments starting from the date of the first denial.

I guess it is possible for an individual to do their own legal legwork, but most who are in need of SSDI do not have the wherewithal to do so. As I said, the attorney took a percentage of the lump sum payment - which was perfectly fine with those he represented.
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Old 09-03-2011, 07:16 PM
 
10,449 posts, read 12,464,091 times
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Quote:
Originally Posted by Sgt. Buzzcut View Post
I applied a coupe of months ago. My whole damn neighborhood is on it and we had a catastrophic storm recently, every damn one of them was out running chain saws, stacking wood, feeding wood chippers, etc. I can't do those things.

I think what a lot of people don't realize is if one has to to take scheduled narcotic medication just to be able to be comfortable enough to move around and get to sleep....you have to tell a prospective employer your on the stuff, your know your going to be drug tested, huge red flag right there.

My claim has already hit a snag....SSI has told my lawyer I'm employed as of now. I haven't had a job in 3 years. Identity theft? Could be, somethings not right.
While I understand your point that there is a lot of fraud, there are a lot of disabilities where you can use a chainsaw but still qualify for SSDI/SSI benefits. Schizophrenia and deafness come to mind.
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Old 09-03-2011, 07:18 PM
 
10,449 posts, read 12,464,091 times
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Quote:
Originally Posted by MORebelWoman View Post
Nobody at all. It is just the way of liberals always deflecting and making the debate about them.
Just for the record, I'm liberal and I don't think this is a liberal/conservative issue. But I do take issue with people who want to do away with the program altogether, and if most of those people are conservative, I can see why it might appear I see it as a liberal/conservative issue. I think SSDI/SSI benefits is a bipartisan issue.
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Old 09-03-2011, 07:20 PM
 
9,855 posts, read 10,415,085 times
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Quote:
Originally Posted by nimchimpsky View Post
While I understand your point that there is a lot of fraud, there are a lot of disabilities where you can use a chainsaw but still qualify for SSDI/SSI benefits. Schizophrenia and deafness come to mind.
My husband has profound hearing loss and is still able to function as a telecommunication tech because he can hear dial tone. He wears hearing aids in both ears. We paid for those out of pocket because insurance companies don't see hearing aids as a medical necessity.
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Old 09-03-2011, 07:30 PM
 
13,694 posts, read 9,011,664 times
Reputation: 10411
Quote:
Originally Posted by pommysmommy View Post
Some people run out and hire disability attorneys as soon as they are told they will eventually need dialysis. It is reprehensible that attorneys will take these cases and charge the clients.
Well, as an attorney, I find nothing 'reprehensible' about it. You are, perhaps, too close to the source to make a reasoned judgment.

I will note that you now said 'they are told they will eventually need dialysis', which is different from your earlier post.

I. too, will 'eventually need dialysis' but I am not, now, disabled.

I will add that most, if not all, disability attorneys charge a 25 percent fee for their services, of the PAST DUE benefits.
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Old 09-03-2011, 07:33 PM
 
10,449 posts, read 12,464,091 times
Reputation: 12597
Quote:
Originally Posted by pommysmommy View Post
My husband has profound hearing loss and is still able to function as a telecommunication tech because he can hear dial tone. He wears hearing aids in both ears. We paid for those out of pocket because insurance companies don't see hearing aids as a medical necessity.
Trust me I know the deaf and the blind can work. I got 2 jobs deaf and blind. But deafness and blindness alone are enough to qualify for disability. Personally I think more effort should be put into employing the deaf and the blind. I am hearing-blind now and studying to be an interpreter for the deaf-blind at a school for the deaf and most of the people on campus are getting SSI benefits. Most of them can work, though. I totally agree that deaf people should be employed, not given disability checks.

But a lot of people want to deny people with chronic pain and other mental conditions who really can't hold up a job. Those are the people that really need benefits. There are no "accommodations" for brain fog or relentless severe chronic pain. You can't just give someone with severe mental illness hearing aids. I think that instead of giving SSI/SSDI to the deaf and the blind, that money should go to paying for adaptive technology (VP phone, screen reader technology, braille display, whatever) and training and then from then on the deaf and the blind can contribute to the economy.

Even when I was deaf and blind, my chronic pain, brain fog, and PTSD were much more disabling than deafness and blindness combined. I think we need to completely re-prioritize who qualifies for benefits and who doesn't. SSDI/SSI should be reserved for the physically and mentally disabled who actually cannot work.
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Old 09-03-2011, 07:37 PM
 
9,855 posts, read 10,415,085 times
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Quote:
Originally Posted by legalsea View Post
Well, as an attorney, I find nothing 'reprehensible' about it. You are, perhaps, too close to the source to make a reasoned judgment.

I will note that you now said 'they are told they will eventually need dialysis', which is different from your earlier post.

I. too, will 'eventually need dialysis' but I am not, now, disabled.

I will add that most, if not all, disability attorneys charge a 25 percent fee for their services, of the PAST DUE benefits.
If an attorney knows that a patient has been told that he or she will eventually need dialysis the interview should stop there. An ethical attorney will tell a client that he or she will qualify once they start dialysis as long as they have work quarters. The renal social workers consider these attorneys to be total scum bags.
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