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Old 11-25-2013, 02:54 PM
 
Location: Murrieta, CA
1,268 posts, read 1,507,100 times
Reputation: 2224

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Quote:
Originally Posted by Teddy52 View Post
60 Minutes recently exposed a lot of fraud in disability SS.
They did show one sleazy lawyer and there is some abuse. But I think we need to be careful. 99% of the people on SSDI are truly disabled. The average time for approval is 2 years and it is a hellish two years for most people of endless paperwork, doctor appointments and waiting.

Please don't paint all the disabled as being on welfare or frauds. I am not disabled but married to someone who is. He literally cried (and he never cries) when the doctor told him that he had to stop working. He would give anything to not have the illness, the medications he will be taking forever, the side effects and the horrible illness.

I don't know of any disabled person that enjoys the illness, the reduced income, the high medical expenses and the living hell of being sick all the time.
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Old 11-25-2013, 04:33 PM
 
Location: Florida
19,774 posts, read 19,880,941 times
Reputation: 23194
Quote:
Originally Posted by happyinca View Post
SSI is different from SSDI. Since you never worked in terms of a weekly or monthly paycheck you are not eligible for SSDI. This entire thread is about SSDI. You need to work at least ten years to qualify for SSDI.

I am not sure why you were denied Medicaid if you have no income.

I think you might have a chance at getting SSI but the retirement thread is not the best place to ask. Most people here don't know the difference between SSDI and SSI.

There is a lot of information on the Internet (not City Data) that should be helpful.
I did think he meant SSDI with all the mention of medical records, etc but looking back see it does say SSI.
And with the same lack of careful reading, did not absorb the 'never worked for a paycheck' part.
It is strange he was denied Medicaid. Must be more to the story.
If he did apply for SSI instead, of course he'd be denied at age 55.
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Old 11-25-2013, 04:58 PM
 
Location: Baltimore, MD
3,745 posts, read 4,213,572 times
Reputation: 6866
Quote:
Originally Posted by Soup Nazi View Post
I applied for SSDI when I was 58, upon the advice of my doctor and being unable to work at the job I had been doing for the past 40+ years. I was living in Vermont, and found the process completely painless. The SSA folks were extremely courteous and helpful, and I never had to go for any exams. I simply submitted all my medical records with the application, and was approved in 6 months.

It is NOT based upon whether you can do ANY job. SSA looks at the work you have been doing for the past 15 years and whether you are able to perform the same type of work with your disability. Age is another factor, assuming it would be much more difficult for an older person to learn a new trade than a young person. Someone mentioned that a ballet dancer could not do the same job at 40 as when she was younger. Yes, if she did nothing but ballet for 15 years and then, due to injury, could no longer dance, she would be eligible. However, her age would be a consideration. I rode horses professionally for over 40 years. At 58, the last straw was a shattered femur, broken collarbone and fractured vertebrae.

Where you live and file is the key here. Some states have abysmal approval rates on the first application, some are much better. At the time I filed, Vermont was one of a handful of states that was using a more streamlined approach.
The bolded section is absolutely wrong. In general, if someone can no longer perform her past relevant work, the next step in the adjudication is to determine whether there are a significant number of jobs in the national economy that she could perform. It is true that at age 60, one is more likely to be found disabled if the claimant cannot perform her past relevant work, but even that is not a sure winner.
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Old 11-25-2013, 05:17 PM
 
Location: Murrieta, CA
1,268 posts, read 1,507,100 times
Reputation: 2224
Quote:
Originally Posted by lenora View Post
The bolded section is absolutely wrong. In general, if someone can no longer perform her past relevant work, the next step in the adjudication is to determine whether there are a significant number of jobs in the national economy that she could perform. It is true that at age 60, one is more likely to be found disabled if the claimant cannot perform her past relevant work, but even that is not a sure winner.
I agree, can you sit in a movie theater and collect tickets for minumum wage? Then you are not disabled.

There are listings state the conditions that qualify people for disablity and you have to meet the listings. Listing are the symptoms and severity of findings that qualify someone as disabled.

If you can do some other type of work, and those types of jobs are available then you are considered not disabled. Let's say you are a roofer, wreck your back, can no longer do heavy lifting, but have computer skills, now you can do a office job. You are not disabled.

At the hearing with the judge (if you make it that far) and a vocational counselor who is also sitting there and they both have reviewed your records, the judge looks at the counselor and says, if the person can't do their regular job is there any other type of job this person can do? The counselor at that time states their opinon. Yes, Mr. Roofer can do office work. Ruling: Mr. Roofer is not disabled.

I don't want anyone to get the idea this process is "easy", it is not. I have heard horror stories of people dying while they were waiting to get approved. Two years is the average. If you have terminal cancer, it is quicker, depending on the state/county it can take much longer than two years. And of course a certain percentage never qualify.
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Old 11-25-2013, 05:22 PM
 
Location: Baltimore, MD
3,745 posts, read 4,213,572 times
Reputation: 6866
Quote:
Originally Posted by mathjak107 View Post
collecting disability by claiming you cannot work when you can is wrong and yes can be considered a form of welfare. it just comes out of a different pocket.
No. If the individual could work a full time 40 hour week job and falsifies information, then that is fraud, not welfare.

The OP's spouse allegedly has medical documentation that indicates he problems with his legs, shoulders, and back that preclude him from working his prior job. If the medical documentation substantiates his claim, then an adjudicator will have to determine what, exactly, are his limitations, and what is his "residual functional capacity". For example, given his shoulder and back problems, can he sit for a total of 7- 7 1/2 hours/day with two 15 minute breaks and maybe a 1/2 hour lunch? Can he lift 10, 20, 30 pounds? How long and how often can he stand, bend, crouch or reach? Is he using narcotics or other drugs with side effects that interfere with his ability to concentrate? Does he need a job that allows him to alternate sitting and standing at will? These are only a few of the work related functions that will need to be addressed before a final decision can be reached.

This is why SSA utilizes vocational experts in helping the adjudicator reach a legally sound decision. The vocational experts are expected to identify jobs that exist in a significant number that the claimant could perform, given the claimant's limitations. Even Administrative Law Judges are not presumed to have the expertise acquired by a Vocational Expert. But, apparently, in this day of reality t.v., etc., everyone is now an expert.
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Old 11-25-2013, 05:25 PM
 
3 posts, read 6,871 times
Reputation: 10
ok sorry I found this forum,I'll delete the bookmark and never return.
bye
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Old 11-25-2013, 05:32 PM
 
Location: Baltimore, MD
3,745 posts, read 4,213,572 times
Reputation: 6866
Quote:
Originally Posted by happyinca View Post
I agree, can you sit in a movie theater and collect tickets for minumum wage? Then you are not disabled.

There are listings state the conditions that qualify people for disablity and you have to meet the listings. Listing are the symptoms and severity of findings that qualify someone as disabled.
certain percentage never qualify.
I'm sorry, I don't want to sound as if I'm picking on you, but this is also incorrect. Very few claimants meet a listing and fewer are found to equal a listing. In the vast majority of cases, the claims are decided after the completion of a 5 step sequential process.
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Old 11-25-2013, 05:36 PM
 
Location: Murrieta, CA
1,268 posts, read 1,507,100 times
Reputation: 2224
Quote:
Originally Posted by lenora View Post
I'm sorry, I don't want to sound as if I'm picking on you, but this is also incorrect. Very few claimants meet a listing and fewer are found to equal a listing. In the vast majority of cases, the claims are decided after the completion of a 5 step sequential process.
No worries, you know a lot more than I do, and I hate to see wrong info getting out there and on this thread there has been a lot of wrong info.
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Old 11-25-2013, 05:40 PM
 
Location: Baltimore, MD
3,745 posts, read 4,213,572 times
Reputation: 6866
Quote:
Originally Posted by old_cold View Post
I did think he meant SSDI with all the mention of medical records, etc but looking back see it does say SSI.
And with the same lack of careful reading, did not absorb the 'never worked for a paycheck' part.
It is strange he was denied Medicaid. Must be more to the story.
If he did apply for SSI instead, of course he'd be denied at age 55.
Some states do not give Medicaid to residents who do not have minor children. (Hence, one of the reasons for the Affordable Care Act.) Even if he was denied in a state that provides Medicaid to childless claimants, it does not mean that he would be denied his claim by Social Security.

I don't know why you would assume he'd be denied SSI benefits at age 55? Other than the financial eligibility rules for SSI, the rules for SSI and SSDI disability are exactly the same.
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Old 11-25-2013, 05:51 PM
 
Location: Murrieta, CA
1,268 posts, read 1,507,100 times
Reputation: 2224
Quote:
Originally Posted by Per409 View Post
ok sorry I found this forum,I'll delete the bookmark and never return.
bye
I am sorry if you were hurt by the insensitive posts. I am sure there is help for you out there. You might want get in touch with a county social worker and the people at SSA should help you as well. There is good info on the internet.

Good luck and don't be discouraged by the negative comments. The Internet is very inpersonal and I am sure the comments were not directed at you, but I know you feel like they were. Hang in there.
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