Social Security Questions and Answers
Comments
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Medigal, there are plenty of people who should be able to get disability but can't because they are working. And there are many housewives sitting home collecting SSDI with far less serious ailments because they no longer have to work. So no, it doesn't make sense. It should go by illness and diagnosis severity, not by whether you have to work until you are on death's door before getting approved.
I have known so many people working in serious pain (particulary in blue-collar jobs) and have also known people at home collecting SSDI for far less serious ailments.
There is a housekeeper at the hotel where I work who appears to be in such pain it breaks my heart every time I see her.
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Medical, you don't have to be out of work for a year. You can apply as soon as your last day or if you have given notice you can apply and state on the application your last day of work. I think there is som confusion because somewhere in the SSA info I think it says something about your disability is expected to prevent you from working for at least a year.
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I think you only have to have been out of work for 6 months (to be approved, not to apply).
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Fearless_One,
I believe you are correct about the 6 months not working to be approved because my Company applied for me 6 months out of work while on short-term disability. They put me on long-term and had me apply for SS. It would go back to your diagnosis, but my company made sure they got reimbursed that amount because I was being paid on short-term disabiilty from the state of CA.
Terri
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Hello Steven,
My prayers are with you and your family. Currently I'm receiving LTD benefits as a result of chemotherapy induced neuropathy. I was initially diagnosed with Stage 2 breast cancer an am currently in remission. I, too, was told to apply for SS benefits because my LTD would run out in Feb. 2012; in the meantime my medical status is checked every 3-4 months. I was unable to withstand my 12 hour shift/3 night a week job because of my neuropathy (which by the way, I was told would dissipate and it never did!) It was suggested that I use an advocator group to assist me in trying to obtain my benefits( I am currently using their services--they are not lawyers ); but after reading the info. you provided, I'm worried that I will be denied.
The neuropathy has left me with terrible leg and feet pain. Although I'm able to walk and even drive; I don't put in nearly as much time with either as I used to and I rely on narcotic pain meds and antidepressants to reduce the discomfort.
From what you've relayed, I'm distressed for I've done the same work for 22 years and know nothing else. Can you provide me with some insight?
Thanks in advance.
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Thank you Steven for all the info. I am just not sure what to do now. I was completely honest with ssdi with how much i was working and making,and they approved me. I was planning on continuing until my surgery at the end of november. I have a few clients scheduled until then but not many, defiinitly making less than 600$ a month. Even working that little I have to have coworkers help me and it is very difficult to be there, but these clients are like friends. Should I call ssdi and ask them or will that send out a red flag? Should I just not chance it and not work? Not working is really what is best for me, i just miss the social interraction and getting out of the house. but I could always just go visit:) and make sure my clients are being treated right!~
I really do hope you and your wife are doing ok and able to find time to do some fun things for yourselves.
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>>What about the reverse? What if I got diagnosed with stage IV while working full time, applied immediately but could not quit my job until I was completely incapacitated?<<
Fearless:
Good quesitons. This answer applies to a lot of the general questions I get.
SS is not a program that gives people benefits becasue of a medical condition. It is designed to give benefits to people who have a medical condition that imposes limitations that prevent the ability to engage in sustained work activity.
If you can work and are working, no matter how serious your medical condition you are not disabled.
Someone should apply when they can no longer work (full time) because of that medical problem.
Steven
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Thank you, Steven....I hope you and your wife get some good news soon ....thank you for helping everyone here....
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Hi Steven,
Thanks for all the great info, and I hope your wife is doing well and tolerating the AC ok. Tell her when her food tastes funny that grape juice and watermelon remain normal, and ice pops are great to keep from dehydration. Magic mouthwash really does work, just ask for a prescription.
My question is odd. My husband is completely disabled, and I am his and the kids representative payee. Now that I am Stage IV, does the benefit pay both his and my benefit, or just the max family benefit on his? Depending on the answer, it makes a difference if I apply or not, because right now he gets some help with his medicare premiums, but we would both have to pay those if the income goes up, plus the prescription plan would change dramatically, and his meds are huge. So basically if the income goes up some but gets eaten away by premiums, it really wouldn't offer much help on the home front, and I wouldn't want to bother sending in the application. However, if they pay me my benefit as well as his, that would make a difference.
Thanks,
Sue
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Just a little more information regarding to SSD and Unempolyment benefits.
I have spoke with representatives from each department today. (I live in Illinois)
Rep from IDES (unemploy) stated that I could continue to receive my unemployment benefits until I received my letter for SSD approval.
Rep from SSD informed me to continue with unemployment it does not affect SSD.
So, I have an appointement to apply for SSD next Tuesday and will continue with unemployment benefits until further notice.
Hope this helps! Amy
Steve, I hope your wife is having an easy week. (if there is an easy week with this crap!)
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Canchaser: Did you mean to post "SSD informed me to continue with unemployment it does affect SSD"? If so, how does it affect SSD? My concern is that the booklets they sent me stated to be disabled you have to not have worked for at least a year. So doesn't looking for work under unemployment mean one has to show them they are looking for work. Years ago when I was trying to get unemployment, we had to go back every week and show them the places we went to to try to find work and why we did not get the job. Maybe unemployment is different now but this entire deal confuses me.
How can one expect to get approved for SSDI and still show they are able to work by looking for jobs to get unemployment benefits.? Just wondering what the real deal is here. My relative who is trying to get approved for SSDI cannot hold down a fulltime job so she can't go out and seek for jobs to get unemployment. Since she got fired months ago she has been without income waiting to see if she can get approved for SSDI. What a mess!
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I still think there are a lot of people working in great pain because they are unable to just walk away from their jobs. I see it all the time. SSDI is far from perfect, but is all people have for now.
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Medical, I can see where the SSA,s own statement can be misconstrued, but the SSA does not say you have to not have worked for a year. It says:
"To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability."
What that translates into is that your disability is severe enough that you will likely be unable to work for a year or more, not go a year without work first. You can apply with diagnosis and be approved based on the date of disability, For example my last day of work was 1/31 and that became my date of disability. When I had progression in April I decided it was time to apply. Approval came in 5 weeks and 1st check in Aug. If I'd still been working I would be expected to identify my last day of work before they would consider an approval. I assume they wouldn't make any move until I was out of work due to my disabilities.
Something like STD, LTD, personal savings, etc. and various state programs can fill some gaps for some. None of us plan on disability but then it's that damn rainy day our parents always harped about and it has come for us. -
Fearless, I agree, many people do work in great pain because they have to for the income and insurance. I would be one of those people if I was not married, but honestly, I could not work 40 hours at my job even if I had to. I would have to sell everything and move in with family to survive, it is scary how easily one can lose their independence. I was accepted for ssdi while barely working, needed the few dollars I made working to help ends meet, this is after major cutbacks in the home budget. In the ssdi paperwork I explained I was working a few hours a week and had to have help when I was working, that I couldn't work without the help of co workers. I had to take little nap breaks also. because of the fatique from treatment. I was actually surprised to get approved on the first go around. I do not want to be on ssdi and did not want to apply, it was suggested by a social worker and my husband really pushed me to do it and I am very thankful I was approved. I am glad I did it, it takes much financial stress out of this crap, but if at all possible I do want to go back to work someday, I have always worked and I miss it. I just need to get through my surgeries and treatments. I have seen that some stage 4 gals do work, ( my doc claims I am stage 3 but another doc disagrees) and I am hoping as a stage 3/4 my treatments after surgery will allow me to feel well enough to work at least part time. One can hope, right? I am also trying to switch careers so I don't have to work such a physical job.
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Yes I made the correction. Thanks for noticing my typo!
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Steven, if you have any advise I would be most grateful.
I'm 63yo, dx in 10/2011 with stage IIIa, maybe IIIb ER-/PR-/HER2+. Finished chemo, mx, rads. Still receiving 1/2-hr Herceptin infusion once every 3 weeks and will continue through March 2012 (maybe longer--TBD after March).
Story is: Approved for work's STD 11/8/10, approved for 6 months, then continued into LTD with no issues/problems. In September 2012, since I was feeling "better," and feeling a little guilty about not going back to work (mistake #1), Dr. and I discussed my returning part-time. Spoke with LTD carrier and there was a provision in our LTD Policy that states we have partial disability benefits to encourage you to work on a part-time basis while receiving LTD. I chose to return to work 3 days/week, thinking that was the "fair" (mistake #2) thing to do. Was tired, still am tired, but having a day in between to rest up helped (and now am depressed because of all this!).
LTD ins. carrier wanted me to apply for SSD, but since I was getting better, I declined thinking I wouldn't get it anyway and feeling I'd eventually go back to work. And when I did return PT, SSD was not an option because I was making too much $$$s.
I returned to work 9/12/11; LTD closed LTD case on 9/12/11. Really? So I called and said a mistake was surely made and that I was supposed to come back PT while receiving LTD benefits. They said they would reevaluate and get back to me. Yesterday, LTD carrier stated they will not be continuing LTD benefits and I will receive letter in mail by end of week outlining why. I asked if they were reviewing the same form I was reading from my doctor who states pt can return to work with restrictions being no more than 3 days/week no more than 8 hrs/day; and factors impacting return to work being: pt remains on chemo w/potential adverse side effects including fatique, infection, acute pulmonary symptoms, ece heart failure, vomiting. Yes, they're seeing the same form. LTD insurance case worker said I will be able to appeal.
So, if I didn't return PT, I'd still be on LTD at least through March 2012 possibly longer. Now, I feel like I've messed up applying for SSD too. Plus, what happens with the next steps at work (and BTW they have been most kind and gracious--I realize I am truly fortunate). I will need to either go back on STD or request part-time status?
I will most likely need to hire a disability lawyer to get this resolved. Anyone else have a problem like this? Did you hire a lawyer? Steven, any suggestions/comments?
Thanks in advance. We need to stick together. It's awful that ins co's make you go through this stress at a time when you should be revelling in the joy of being NED, at least for now.
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Pazword - I am not Steven, and hopefully he'll chime in. But at your age, I think you should apply for SSDI and I'd be shocked if you didn't get it. As a matter of fact, I think you should go to the ssa.gov website first thing tomorrow morning, fill out the paperwork, send along any medical information like PET scans and other diagnostic information. I am 61 and applied on my own in early August. I got approved and had my lump sump first payment less than ten weeks later. If your cancer involved the skin or non-operable nodes, be sure to make note in your application, as this is one of the conditions specifically listed by the SSA. I was very pleasantly surprised by the way my application was handled. They didn't even interview me.
Good luck!
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Thanks LuvRVing. I probably should have applied but now that I went back to work, I think I messed that up a bit. I'm hoping next week I'll find out more info. Appreciate your responding. Happy Thanksgiving! We have much to be thankful for!
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Pazword, I think you know that in order to go with SSDI you will have to stop working. Approval may be unlikely with a Stage III diagnosis and a Dr. note indicating that you can work with some restrictions. It seems that getting assistance from your HR group or a lawyer to appeal the LTD ruling is your best bet for now. So sorry you have this stress on top of everything else.
Its been awhile but I hope Steven stops in again to help.
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I was diagnosed in Feb 2011 with stage 4. I worked during chemo, but missed alot of days. In October 2011, I had a DMX and am now back on chemo and am not working. I receive LTD thru my employer. There is a discrepancy between the max the LTD is paying me and what my union contract says I should be paid. For some reason, my employer cannot get it fixed with the LTD company so they want to pay me the $ difference on a payroll check each month. How does this affect me if I cannot return to work and become permantently disabled? Does SS see this as income. Also, if I want to apply for an early pension due to disability, do they see it as income? Should my employer pay me thru payroll?
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Can anyone advise what is the procedure timetable for an Appeal Hearing for SSDI? My relative was denied twice (her disability isn't cancer related) and her lawyer told her the Appeal is where the real decisions are made so he filed the Appeal some months ago. Yesterday she got a letter from them telling her that 20 days before her Hearing she would be notified of the Hearing date.
Her lawyer states this could be a year from now. However we met a woman on the elevator today who said after she got her first letter, she got her first letter at end of October, she already got the second one for a Feb 2012 Hearing. She has Stage 3 cancer. Are they giving Hearing dates faster now due to the number of claimants or was she given priority for being Stage 3 bc??
My relative's lawyer said he "prepares" for her case during the 20 days "before" the Hearing Date. Is this the norm? I selected the lawyer for her and now I am confused as to whether I made the right choice. If any one of you has had experience with this SSDI Hearing procedure would you please post or PM me to share any info you can to help me understand this process. Thank you soooo much for any help you can give. This entire procedure has made us nervous wrecks because we don't know who to believe any more.
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Medigal:
Hearing times at ODARs (Office of Disability Adjudication and Review) vary from office to office and region to region. I tell my clients to expect a 9-12 month wait because that is the average of the 6-7 ODARs I appear at regularly.Here is a link to the stats on local offices
http://www.ssa.gov/appeals/DataSets/05_Average_Processing_Time_Report.html
It is sorted by time of wait form shortest to longest but you can sort by office as well. As you can see some offices have hearings 6-8 months after appeal is filed all the way up to 15 months. Of course this is an average time which means some people must wait longer and others shorter.
As far as the attorney can't speak to their process but this is how it works in my office.
First, the 20 day notice is what is legally required. So the shortest time someone has to know when the hearing will take place is 20 day. So if an ODAR wants to have a hearing on 12/20 the need to send out a notice of hearing by 12/1.Of course in practice that does not really work. I have hearings already schedule for February and into March.
So if an ODAR just mails out a notice 20 days before there is a good chance I will not be available. Usually they call first to see what days work for the judge, me, and any experts the judge wants to have.
As far as prep time. That can vary based on client and file. For me I have my clients come in 2 weeks before hearing and have a little mini hearing where I get them used to answering questions the ALJ will probably ask. And then they have 2 weeks to think about it and get comfortable.Prior to that while we are waiting for the hearing date I am making sure the medical record is updated and when new stuff comes in I review it and submit it. So I am familiar with everything in the file when it comes time for the pre hearing meeting with client. I then review everything in the file prior to the hearing as well again.
Also I would not get into the practice of comparing one case with any other. It will just drive you batty. Remember SSA is processing millions of claims a year. There will be outliers of experience that merely prove the average.
Best thing to do is just relax and wait for the notice to come. I would just check up once every 2-3 months.
Again I do not know where you are or what ODAR you are going to be at with you relative. Let me know and I can see if I can help you better.
Steven
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got kids
Good question. The employer when it reports your wages to IRS should indicate that it is non-earned income.
But I would get with payroll to make sure that your pay check stub indicates that it is for LTD payment. That way if you have to have a hearing you have proof what it was.
Just make sure you save the stubs.
And disability retirement is not seen as income.
Steven
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37antiques
Not enough info to really help.
But if you have worked and are insured for DIB beneifts then you are entitled to receive that beenfit. There is no income limits on Title II. SSI is the one that can be affected when both spouses get benefits.
So you should get your benefit and your husband his. The fmaily portion shoudl go to the larger of the two but not both.
Steven
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Medigal:
Read what you wrote re: unemplyment.
My concern is that the booklets they sent me stated to be disabled you have to not have worked for at least a year. So doesn't looking for work under unemployment mean one has to show them they are looking for work. Years ago when I was trying to get unemployment, we had to go back every week and show them the places we went to to try to find work and why we did not get the job.
SSA says you have to not work. Not that you have to not not look for work.
As far as complying with unemployment.
Unemployment offical: Did you look for work last week?
MEdiogal: yes.
UO: what happened?
Medi: did not get hired.
UO: why not?
[cut to scence of medigal applying with Prospective Empoyer]
PO: well you are well qualified and your skill set matches up with what we need...but there is a problem here.
Medi: and that is?
PO: well it says here that you need 2-3 days off every 2-3 weeks.
Medi: Yes I have medical appointments to go to.
PO: Well whether it is medical appointments or you just want to sit on the couch and eat bon-bons...we can't have someone missing that much work on a consistent basis.
[fade back to UO]
UO: ok..well keep trying.
[cfut to scenc eof clock face with rapid hands moving]
[medical walking into SSA office]
SSA: well it says here you got unemployment.
Medi: yes i did.
ssa: well SSA is for being who have not worked.
Medi: I have not worked I looked for work, everytime I applied I was told that my medical problems that caused me to miss work would not make me employable.
ssa: oh...hmmm..
Medi: yes the fact that I desire to work does nto mean I can work.
ssa: ok I get it.
***
I hope this put to rest the quesitons about unemployment and SSA. I am not saying that getting unemployment will not take some explaining...but getting unemployment does not automatically bar you from getting SSA.
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Pazword:
Not much you can do but appeal. Insurance companies are not in the business of paying claims. The problem is your age.
you say 63...not sure if that is closer to 64...but most LTD policies only pay to 65.
And most attorneys who handle LTD work get paid contingency out of the back pay. Since you got denied recently there s no back yet...and based on your age there may only be a couple of years or less.
Also your ltd is going to be reduced because of PT work.
also,when getting LTD beenfits applying for SSA is usually not an option. It is what most of the LTD contracts requires you do to. That is because the LTD carrier can reduce what it owes to you if you get SSA.
But I would appeal.
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Steven: Your explanation of the "Unemployment" concern was a gem!!! Oh if you were only her lawyer, I would be cheering instead of crying. You are one fantastic brain. Everything you wrote makes so much sense! Can I adopt you?? Just kidding. I probably can't afford you but thanks so much for sharing your learned wisdom with me and all of us on this board! I do hope your beloved wife is doing better. I will drop you a PM telling you where I am in case you can share other info about the ODAR thingee. Thanks again for all the help!
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Steven: Your explanation of the "Unemployment" concern was a gem!!! Oh if you were only her lawyer, I would be cheering instead of crying. You are one fantastic brain. Everything you wrote makes so much sense! Can I adopt you?? Just kidding. I probably can't afford you but thanks so much for sharing your learned wisdom with me and all of us on this board! I do hope your beloved wife is doing better. I will drop you a PM telling you where I am in case you can share other info about the ODAR thingee. Thanks again for all the help!
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NMM,
Thank you for the advice. I appreciate it.
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Thank you Steven, you're a real blessing! I couldn't find it anywhere! Yes, I have worked and am qualified for benefits - not much though, which is why it really makes a difference.
I hope your wife is doing well, thank her again for sending your wisdom our way
Sue
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