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Old 10-01-2017, 08:00 PM
 
Location: too far from the sea
19,894 posts, read 18,907,505 times
Reputation: 33821

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Quote:
Originally Posted by lenora View Post
Tell her to hang in there. Being hospitalized for a mental breakdown is huge. (Encourage her to seek a free consultation with an employment attorney because it appears she may have been unlawfully terminated from her prior job.) Depending on her prior level of education and employment history (skilled versus unskilled, etc.), given her age, mental health and physical impairment she appears to have a strong case. But, because her mental state does appear somewhat fragile she should seek help from an attorney who specializes in Social Security Disability. The easiest way to find one is to go to NOSSCR.org. (She may already have this contact info because SSA used to provide this organization's contact information for claimant's seeking representation. Don't know if they still do.) Also, she may want to consider contacting her local Congressional Representative to get her case expedited, emphasizing her mental health issues. (A letter from a Congress critter to SSA helps the claim move forward more quickly.)

Please tell her to ignore the the asshats out there. It sounds like she is having a difficult time and she wouldn't be the first claimant to attempt and/or succeed killing herself. If you have any specific questions please feel free to pm me.

~ Lenora
Excellent advice. I got SSDI for my ex husband when he had a nervous breakdown from Viet Nam PTSD and could no longer hold a job. He was hospitalized at the VA for three weeks. Mainly I contacted a state rep and they had someone on staff who specialized in cases like this. They kindly expedited the case and he got it on the first try.
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Old 10-02-2017, 09:06 AM
 
Location: Wisconsin
17,072 posts, read 17,406,151 times
Reputation: 41608
While an attorney does receive a percentage of your back payment IMHO for most people it is extremely beneficial to go that route. Everything is so complex. I spent literally hundreds of hours preparing my husband's documentation and paperwork for SSDI. He was approved almost two years after he/we applied. Everyone was shocked that he was approved so quickly, but he/we had substantial documentation from several doctors about his disabilities.

Needless to say, financially it was extremely, extremely difficult for those two years without having any income from my husband for our family.

Good luck to your aunt.
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Old 10-02-2017, 10:48 AM
 
2,276 posts, read 852,085 times
Reputation: 3934
Quote:
Originally Posted by PetiteGem View Post
My aunt applied for SSDI, she is only able to work about 8 hours per week. Will SSA contact current employer who she has not told about but he knows that she is currently having back problems. She is worried about it effecting her job somehow. She works 4 hours a day for 2 days a week at a desk job and can barely handle that, she is constantly worried that she will be fired. She can't afford to lose the job and it's a miracle that she found a job after getting fired from her previous employer. She doesn't qualify for unemployment and this job is her only income.
You aunt is trying to scam the system. If you are working then you are not disabled, pretty simple concept really.
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Old 10-02-2017, 01:15 PM
 
209 posts, read 110,870 times
Reputation: 484
She is not trying to scam anyone, she has worked and been independent since she was 17. She supported 2 children and a bum husband and if she could work more than the job she already has, then she would. No one asked for your negative and paranoid opinions. It is not a crime to work and then apply for disability when you are no longer able to work at full capacity. She is grateful to have found a job and doesn't want to lose it. It would be easier for her to apply for ssdi and do nothing but she is doing her best to hold on to this job. The people who are actually scamming the system do not get caught or have a conscience. Thank you to the kind people who took the time to respond to the question and keep your personal opinion to yourself.

Last edited by PetiteGem; 10-02-2017 at 01:16 PM.. Reason: typo
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Old 10-02-2017, 08:37 PM
 
4,451 posts, read 2,626,458 times
Reputation: 10380
Quote:
Originally Posted by arwenmark View Post
You cannot be working when you apply for SSDI. Which is a big problem since even if you get approved it can take up to 2 years.
Baloney. Complete and utter baloney.

You CAN be working and apply for SSDI. You don't need to destitute.

When I went before the Administrative Law Judge, the ALJ asked me why I was working at the time.

I told him I worked for a friend's small business and he understood I couldn't work when I couldn't, and... This is what got the ALJ...i said " AND I'VE GOT TO EAT, and I've used up my 2 years allowable on social services".
HIS EXACT WORDS WERE: "That's the best answer I've ever heard to that question ".

I waS approved because I had an 8.5 inch folder of medical issues that was sent to him by my medical providers, now it's probably about 20" thick.


OP they won't contact the employer, they want medical records!

IF, BIG IF, IF they were fired for not medically being able to do the job, THEN, and only then, may they contact the employer.

But armed with medical records, and the lack of ability to even do a job like sitting and answering phones for work, they will likely get approved if the records indicate that.

Note: the medical records are requested by social security, they dobt have to gather them and pay tge per page fees ti get them. It's actually better if chain of custody is medical provider to SS to ALJ. Chances are tgey will need to appear before the ALJ on appeal as almost all cases are turned down by SS automatically.

I have physical AND mental health issues.

I have gone back to work part time, 24 hours is all I can do, and as long as I'm under SGA, I can still collect.

Best of luck to them!

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Old 10-02-2017, 08:41 PM
 
4,451 posts, read 2,626,458 times
Reputation: 10380
Quote:
Originally Posted by PetiteGem View Post
She is not trying to scam anyone, she has worked and been independent since she was 17. She supported 2 children and a bum husband and if she could work more than the job she already has, then she would. No one asked for your negative and paranoid opinions. It is not a crime to work and then apply for disability when you are no longer able to work at full capacity. She is grateful to have found a job and doesn't want to lose it. It would be easier for her to apply for ssdi and do nothing but she is doing her best to hold on to this job. The people who are actually scamming the system do not get caught or have a conscience. Thank you to the kind people who took the time to respond to the question and keep your personal opinion to yourself.
Petite:
Ignored the nay sayers and read my post just above.

Best of luck to her!

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Old 10-02-2017, 09:24 PM
 
Location: Silicon Valley
18,134 posts, read 23,037,051 times
Reputation: 35383
She'd be way better off applying under mental disability than bad back. Anxiety and depression, sounds like she might have, which can be severe enough to render someone unable to work a regular 40 hour workweek, which is the standard.

She'll need documentation. Hopefully, she's seeing a counselor or doctor about her mental issues. If not, she should start going so there's medical records.

She could apply for state disability while waiting for her SSDI claim.

She may be able to work part-time, as long as her work is not considered "substantial gainful employment." I was working as a part-time resident apartment manager when mine was approved. I only worked about 13 hours a week, and I could schedule things around my disabilities, so the judge determined I was not doing substantial gainful activity.

My experience was that lawyers didn't want to talk to me until I'd been denied. Then, the lawyer will handle the appeal. They only get paid if she is approved, and they can only take a small percentage of the back pay - it's actually in the SSA laws that say exactly how much they can charge, so there's no big surprise there.
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Old 10-03-2017, 03:05 AM
 
71,825 posts, read 71,919,037 times
Reputation: 49380
is it really being work disabled when you get to choose which reason you want to run with to be considered disabled and go for the one that gives the best odds ?

seems to me more like trying to find a reason rather than having a reason .
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Old 10-03-2017, 08:08 AM
 
4,451 posts, read 2,626,458 times
Reputation: 10380
Quote:
Originally Posted by mathjak107 View Post
is it really being work disabled when you get to choose which reason you want to run with to be considered disabled and go for the one that gives the best odds ?

seems to me more like trying to find a reason rather than having a reason .
It doesn't matter WHICH issues or issues one has , it's the combined medical profile that one will qualify for SSDI with.

For instance I have mental and physical disabilities. So I qualified for SSDI as a whole picture not just for mental and not just for physical disability.

If she has multiple issues they should all be listed as part of her disability application. He may get approved for the multiple issues and not just one issue.

She should list all her medical issues petition all her medical suppliers and have them all send her records to SSDI. ALL medical records should be turned in to SSDI not just some but all records.

She may qualify for having multiple disability issues.

You do not have to have just one disability status to qualify for SSDI.

I am constantly amazed that people who don't have SSDI think they know more about SSDI then I do or anyone who has SSDI does. There is a vast misunderstanding of SSDI and its qualifications and requirements among the general populace. Not only have I applied for SSDI and gotten it, but I have walked three deserving people through the process and I'm walking another through the process who greatly needs the SSDI. The last one has severe back issues, severe thyroid disfunction, and is having 2 brain aneurysms worked on today, among other medical issues.

If you want to know more read thoroughly the SSDI information on Social Security website.
It will give you a lot of information but not all information.

Still best of luck to her and her application.
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Old 10-03-2017, 09:10 AM
 
Location: Lakewood OH
21,698 posts, read 23,696,516 times
Reputation: 35450
It might vary from state to state and from judge to judge. I applied for SSDI after having to quit work due to health reasons. There was no choice for me. I was turned down the first try as many are. So I went to an attorney who specializes in these types of cases. He told me it was better to not be working and to be able to prove you arenít able to work than to apply while you are working. Some judges, as soon as they see the person is working when they apply, will hold that against them although it will not necessarily disqualify them.

In any case, I would advise getting professional legal help. An attorney in your area can advise you best.
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