U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Retirement
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-24-2019, 10:45 AM
 
Location: equator
3,871 posts, read 1,690,755 times
Reputation: 9676

Advertisements

^^^^Agree with above. I went directly to a lawyer and didn't fool around with anything myself.
Approved in 2 months with no phone calls or MDs.

The deciding factor I heard from them was a medical paper trail of proof. I had years of X-rays and medical records so it was all very clear. Without that paper trail, they won't even take your case.
Reply With Quote Quick reply to this message

 
Old 08-24-2019, 11:15 AM
 
Location: In a vehicle.
5,208 posts, read 3,343,679 times
Reputation: 8514
Quote:
Originally Posted by numsgal View Post
The lawyer will take 25% up to a maximum of $6000. You don't need an attorney, but if you don't have one of the diagnosis listed on the impairment listing (https://www.ssa.gov/disability/profe...ltListings.htm) you may want to get an attorney to help you present your argument as strongly as possible.
THIS, if you "Fit" the description and have the issues, there's no doubt, but miss a bit here or there, you may need a lawyer to fight for you.
Reply With Quote Quick reply to this message
 
Old 08-25-2019, 11:39 AM
 
Location: Cochise county, AZ
5,102 posts, read 3,582,441 times
Reputation: 10943
Quote:
Originally Posted by Disgustedman View Post
THIS, if you "Fit" the description and have the issues, there's no doubt, but miss a bit here or there, you may need a lawyer to fight for you.
I know I applied once by myself but I think it was twice. I finally just quit fooling around and got a lawyer.

My reasoning was, keep trying and get NO money or let a lawyer get some and I would get the rest. It became a no brainer.

But, by waiting I did get enough back pay in the end to buy a decent car, which still runs great 5 years later, and was able to pay my family back for all the support they had given me. I was even able to buy good Christmas presents for my family. That felt good. Sort of an extra thank you for all their help.
Reply With Quote Quick reply to this message
 
Old 08-25-2019, 05:39 PM
 
12,366 posts, read 6,883,136 times
Reputation: 13333
Quote:
Originally Posted by Sand&Salt View Post
^^^^Agree with above. I went directly to a lawyer and didn't fool around with anything myself.
Approved in 2 months with no phone calls or MDs.

The deciding factor I heard from them was a medical paper trail of proof. I had years of X-rays and medical records so it was all very clear. Without that paper trail, they won't even take your case.
The lawyers say they can't get paid unless a certain amount of time has passed since you stopped working, as there will be no back pay, and it is not legal for them to get paid for an SSDI case any other way. My friend wanted to pay them out of her pocket to guide her through the process and they said they were not allowed to do it. They advise to wait, then when there is back pay they can collect their portion for taking your case. She cannot afford to wait for appeals and such, as she is too disabled to work and no income.
Reply With Quote Quick reply to this message
 
Old 08-25-2019, 06:04 PM
 
Location: Ohio
20,389 posts, read 14,494,085 times
Reputation: 16587
Quote:
Originally Posted by Babette12 View Post
I've been disabled since 2016. What is the easiest way to apply for SSDI? Thank you!
Contact your local legal aid society.

They specialize in preparing Medicare, Medicaid, Social Security Retirement, Social Security Disability, Supplemental Security Income and HUD housing rental applications and smoothing over problems that arise obtaining those benefits and they do it for free.

Quote:
Originally Posted by adjusterjack View Post
Why didn't you file in 2016?
Um, because that's not how it works.

It isn't you become disabled and then file.

Your disability must last longer than five months to apply. Even so, your CDR could be 18 months, meaning they review your medical records every 18 months to determine if your condition has changed and if SSA believes it has changed for the better, you'll be discontinued and not receive benefits.

Quote:
Originally Posted by CarolinaWoman View Post
Isn't there a waiting a period even after you are approved?
Not on this Planet.

Quote:
Originally Posted by GotHereQuickAsICould View Post
My understanding, and those with better info please correct this, is that when you are finally approved for disability benefits you will receive back pay from the time you initially applied, minus the five month waiting period.
You will receive back benefits from the date SSA determines you are disabled which may or may not be the actual date of disability that you think it should be.

If you are disabled June 1, then you must wait 5 months to apply, which is November 1.

If approved, SSA will not pay you for any time before December 1.

SSA may decide that your disability did not actually start until October 1, in which case they will start payments beginning March 1 of the following year.

You are, however, free to argue with SSA that your disability actually began June 1 and maybe you'll convince them, or maybe not. If you are successful in convincing them, they'll give you back pay.

Quote:
Originally Posted by GotHereQuickAsICould View Post
Disability attorneys will take a percentage of that back pay amount for helping with the appeals.
Quote:
Originally Posted by GotHereQuickAsICould View Post
Disability attorneys won't take a case until there is money to be made.
Federal law limits the amount. The cost to file an appeal is basically the same for everyone. It's a form that is completed and supporting documentation is attached. It might take half-hour to an hour more or less for some people.

And, attorneys will do it even if their take is only a thousand dollars, because everything is computerized.

For the record, federal law says 25% or $6,000 whichever is less.
Reply With Quote Quick reply to this message
 
Old 08-25-2019, 07:48 PM
 
3,472 posts, read 2,421,456 times
Reputation: 7030
I've posted this before, but my husband's experience was that he had an attorney from the get-go. This guy did nothing but SSDI work and previously worked for the Social Security Administration. He told us exactly what we needed to, went over our paperwork in excruciating detail, and made sure all the "i"s were dotted and "t"s crossed before the application was submitted. He spoke directly to the examiner handling my husband's application. He even magically got a non-cooperating physician, who couldn't be bothered to help us, to fill out a form that the SSA accepted as a supporting medical statement. 4 months after the application was submitted, my husband's application was approved.

As another poster has said, attorneys like that do not accept all cases. They are experienced enough to know which cases are likely to be winnable, and take the risk that the application may be denied and have to be appealed.

I felt like the attorney earned every penny of his fee, which is capped by the SSA. Just my opinion, of course.
Reply With Quote Quick reply to this message
 
Old 08-26-2019, 11:02 AM
 
17 posts, read 7,249 times
Reputation: 34
Quote:
Originally Posted by Mircea View Post
Um, because that's not how it works.

It isn't you become disabled and then file.

Your disability must last longer than five months to apply. Even so, your CDR could be 18 months, meaning they review your medical records every 18 months to determine if your condition has changed and if SSA believes it has changed for the better, you'll be discontinued and not receive benefits.
[/i][/b].
There is lots of conflicting information in this thread.

In my case I quit work on December 14th 2018 due to another ruptured disc in my neck. I decided to quit work and retire because I needed another surgery and was in position to retire, barely. After the surgery I decided to apply for SSDI, in March this year. I submitted the application online on March 12th. This was about 3 months after I stopped working. Just over 9 weeks later (from March 12th) I get a letter from SSDI dated May 17th stating they have determined that I became disabled under their rules on December 14th 2018.
The letter also states "you must be disabled for 5 full calendar months in a row so the first month you are entitled to benefits is June 2019".
I received my first check last month (July 2019).

In my case, SSDI did not make me wait 5 months before applying.
Also, SSDI determined that from the last day that I worked (Dec 14 2019) I was officially disabled and that I was entitled to receive benefits 5 months later starting June 2019.

That's how it went down for me, I have the letter in hand.......
Reply With Quote Quick reply to this message
 
Old 08-26-2019, 02:04 PM
 
13,145 posts, read 14,380,763 times
Reputation: 36340
Quote:
Originally Posted by cebuan View Post
....
If the lawyer accepts the case, you will win. They don't do anything for nothing. The judge has bettter things to do than read this boring stuff.
I was rejected the first time...perhaps a second, then hired a lawyer who had worked for SS. We had a hearing which lasted about fifteen minutes.

As for reading my boring stuff, the judge couldn't, he was blind. I sh*t you not.
Reply With Quote Quick reply to this message
 
Old 08-26-2019, 02:21 PM
 
8 posts, read 1,700 times
Reputation: 48
If you are a veteran and desire to use an attorney, I highly recommend Victory Disability. They ONLY take veterans as clients.

I am a totally and permanently disabled veteran. I chose to use an attorney to expedite the process. Being rated 100% by the VA does not guarantee SSDI, because they use two different sets of standards. But there is a federal mandate for SSA to process disabled veteran applications within a matter of months.

I was sent a ton of questionnaires for my wife and I to fill out about my disabilities. However, SSA already HAD a ream of medical documentation. I refused to fill out the questionnaires. SSA threatened to deny me. I called my attorney. Within 48 hours I received approval for SSDI. In my opinion, when they already have sufficient medical documentation to make a decision, the questionnaires are designed to trip you up. They ask ridiculous questions, such as “Can you prepare your own meal at home?” Well yeah, I can microwave a can of soup. But it is a yes or no question. If you can make yourself a meal at home, then you can flip burgers part time at the local burger joint.

I refused to play the questionnaire game. They had sufficient documentation. They had a federal mandate to decide my case in a matter of months. It took less than a year, so the attorney fee was nominal, in my opinion.
Reply With Quote Quick reply to this message
 
Old 08-28-2019, 03:00 PM
 
12,366 posts, read 6,883,136 times
Reputation: 13333
Quote:
Originally Posted by 1rebmem View Post
There is lots of conflicting information in this thread.

In my case I quit work on December 14th 2018 due to another ruptured disc in my neck. I decided to quit work and retire because I needed another surgery and was in position to retire, barely. After the surgery I decided to apply for SSDI, in March this year. I submitted the application online on March 12th. This was about 3 months after I stopped working. Just over 9 weeks later (from March 12th) I get a letter from SSDI dated May 17th stating they have determined that I became disabled under their rules on December 14th 2018.
The letter also states "you must be disabled for 5 full calendar months in a row so the first month you are entitled to benefits is June 2019".
I received my first check last month (July 2019).

In my case, SSDI did not make me wait 5 months before applying.
Also, SSDI determined that from the last day that I worked (Dec 14 2019) I was officially disabled and that I was entitled to receive benefits 5 months later starting June 2019.

That's how it went down for me, I have the letter in hand.......
I'm glad it worked out well for you. Yes you can apply before five months of disability, it's just part of the waiting period. I'm hoping my friend's case can work out like yours. I'm thinking she should wait about three months from when she stopped working to apply.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Retirement
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top