Disability Possibility?

old medic

Thinks s/he gets paid by the post
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Jul 28, 2020
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Ortho Doc says he's happy with my progress, but his response about a full recovery is "time will tell". My PCP reviewed the info and is not pleased with what he is foreseeing. He says I will be lucky to get back to 80% of my former self. He feels there is no way I will be able to do any of the things I've done for work, even just part time. I had brought him the form from DMV to get a temporary Handicap parking tag. He changed it from 6 months... to PERMANATE...
So this has started a conversation about looking into filing for SS disability.
Would you start the process and see how it goes?
 
If you are talking about SSDI I would definitely start now because it can take up to two years to obtain it.
 
Personally, if I were comfortably retired with confidence in my portfolio, yet still qualified for SSDI, I would not apply. I was unemployed for 6 months in 2020, but my spouse (the higher wage earner) was still working, and I waited those 6 months to see if I was ready to retire, or if a job suited me would come along, and it turned out to be the latter.

That said, I would not tell you NOT to apply, just as I would not tell anyone not to take any tax advantage they can get, as I do. Since I feel benefits could and should be better, I choose not to use those benefits if I don't need them. But you paid into it, and if you qualify, IMO there's nothing wrong with availing yourself when you qualify.

Do you know if you can apply later, if you decide you would go back to work if you could?
 
How old are you? Disability is basically your SS at full retirement age. So if you’re at or over your full retirement age, there would be no point.
 
How old are you? Disability is basically your SS at full retirement age. So if you’re at or over your full retirement age, there would be no point.

That's exactly what I was going to write!
 
I am no where near 80% of my former self after my 3 hip surgeries and was told I would not qualify for SSDI because I am not 100% disabled. What was your issue? I was told that with a leg issue like mine I would have to need to use 2 canes or need a wheelchair in order to qualify. I need one cane sometimes and have increased pain the more I walk but they say that isn't enough. If you are over 55 you have a better chance though.
 
You do need to be disabled for a year before you can get benefits but if you are confident you will be significantly disabled for life then you could start the process now.
 
old medic--that must be a bit discouraging for you to get that news from your docs!

If you are retired and not going back to work, why apply for SSDI and not just your regular SS? I don't believe there is a difference, unless you get more with SSDI?
It can take several years to be approved for SSDI, so if you want that route, I would start gathering the medical evidence now.
 
I think you generally need a lawyer to get approved. A friend of a friend had COPD and was on oxygen and I don't think it was smooth process to get it. I think I remember appeals and delays.

I don't think they count if you can't do your old job but if you could do ANY job. . . but IDK. I shouldn't speculate really but I am not sure there is a point, depending on your age.

Sorry to hear of your news and remember doctors can be wrong. They don't have a crystal ball to see what you will be like in a year. Mine aren't doing real well to see what I will be like in a week!

Not to say my search skills are anything you could not have found out or even if they are correct but:

"You cannot be approved for disability if you are out of work for less than 12 months. You need to show the SSA that your disability makes it impossible for you to work. You must provide evidence with your work record’s evidence that you did not work for the past 12 months, which include any monthly bank statements and paystubs from your employer."

https://www.disabilitybenefitscenter.org/blog/top-10-disabilities
 
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I think you generally need a lawyer to get approved. A friend of a friend had COPD and was on oxygen and I don't think it was smooth process to get it. I think I remember appeals and delays.

I don't think they count if you can't do your old job but if you could do ANY job. . . but IDK. I shouldn't speculate really but I am not sure there is a point, depending on your age.

Sorry to hear of your news and remember doctors can be wrong. They don't have a crystal ball to see what you will be like in a year. Mine aren't doing real well to see what I will be like in a week!

For me they agreed I couldn't do my old work but said I should be able to go to school and get trained to do office work and they feel I should be able to do office work even though there are days I can't leave the house and sitting for long periods hurts almost as much as too much walking. If you are over 55 then I don't think they do the "can you do any work" thing, it's just can you do the work you did most recently so that helps your chances. Get an attorney, they only get paid if you win. They get a large percentage of the back pay which can be 10's of thousands but they don't get any of the monthly payments. You may think you are severely disabled but if you are ever able to walk on your own power then it will be difficult to get SSDI and you will need a good attorney to have a chance. You need to show you are trying to get better so don't skip any rehab or tests or procedures.
 
Ortho Doc says he's happy with my progress, but his response about a full recovery is "time will tell". My PCP reviewed the info and is not pleased with what he is foreseeing. He says I will be lucky to get back to 80% of my former self. He feels there is no way I will be able to do any of the things I've done for work, even just part time. I had brought him the form from DMV to get a temporary Handicap parking tag. He changed it from 6 months... to PERMANATE...
So this has started a conversation about looking into filing for SS disability.
Would you start the process and see how it goes?

I personally would make an appointment and speak with a Claims Representative at Social Security to ask questions about my situation and see what the options are. They know the official regulations.
 
I am no where near 80% of my former self after my 3 hip surgeries and was told I would not qualify for SSDI because I am not 100% disabled. What was your issue? I was told that with a leg issue like mine I would have to need to use 2 canes or need a wheelchair in order to qualify. I need one cane sometimes and have increased pain the more I walk but they say that isn't enough. If you are over 55 you have a better chance though.

Told by whom?

Most people get denied for SS disability because they're not using a lawyer specializing in those claims.

The lawyer doesn't get paid until benefits are approved & their total compensation is strictly limited, so there's no reason not to use one from the start.
 
Told by whom?

Most people get denied for SS disability because they're not using a lawyer specializing in those claims.

The lawyer doesn't get paid until benefits are approved & their total compensation is strictly limited, so there's no reason not to use one from the start.

I was told by the Department of Vocational Rehab as well as my PCP. They both said that even though I am disabled I am not 100% disabled and due to my age(39 at the time, 43 now) they say I should be able to work "some job".
 
I was told by the Department of Vocational Rehab as well as my PCP. They both said that even though I am disabled I am not 100% disabled and due to my age(39 at the time, 43 now) they say I should be able to work "some job".

I would go see a lawyer as mentioned above. In my extended family, we have two 50+year olds getting SSDI and they can walk, talk, and do most everything. One "hurt his back" at a retail outlet and the other has a blood disorder and a bad back (I don't know the extent of her disability). Both now are on Medicare after the two year wait while on SSDI.
 
My DGF had 3 back surgeries but has been getting it since 2010. She can walk but can't sit in one place for multiple hours or stand for multiple hours.
She was denied once, but then received it.
 
I personally would make an appointment and speak with a Claims Representative at Social Security to ask questions about my situation and see what the options are. They know the official regulations.

Thats on the agenda... internet searching only reveals confusing SS pages, or click bate adds from law firms.
 
Thats on the agenda... internet searching only reveals confusing SS pages, or click bate adds from law firms.
Yeah, it's a maze. Don't believe just anyone.

There are "non-attorneys" that do SSDI, cheaper than an attorney, but unless you have someone else who's used them....

Like said, it's a couple of years to wait to get your FRA benefit early and Medicare. Depending on your age it may make sense.
 
I would go see a lawyer as mentioned above. In my extended family, we have two 50+year olds getting SSDI and they can walk, talk, and do most everything. One "hurt his back" at a retail outlet and the other has a blood disorder and a bad back (I don't know the extent of her disability). Both now are on Medicare after the two year wait while on SSDI.


I agree. I have a brother-in-law who had a brain aneurysm at 30, and he mostly recovered, except for a non-functional right hand and gait issues. He can still walk several blocks. In Wisconsin, he got an attorney and eventually a U.S. Senator involved and receives SSDI. He has continued various part time jobs at public events as security/usher. He is also on Medicare. I wouldn't let Voc Rehab and a primary care person stop you from investigating further with a good disability attorney. Many people are denied and eventually win on appeal.
 
Old Medic, that is discouraging news, but I encourage you to not give up too easily. When I got my knee replaced, I read that full healing takes 6 to 12 months. But, at the molecular level, down in the guts of those bone cells it take nearly two years.

FWIW, my biggest problem was the loss of strength in both legs since I was not on my feet very much for nearly two months. Even then, I could only walk a bit. I did not realize how much strength I had lost until I went to a PT guy for some back issues and he tested my leg strength. I was a leg wimp! Since then I am doing daily leg exercises and slowly, very slowly, getting my strength back. I have recently added protein shakes to my diet since I discovered I probably was not getting enough and thus wasting some of my exercise efforts. We'll see how that goes.



It takes time to heal in these senior years. I will never be as good as would have been had I not torn up my knees years ago, but today I am better than I was even a year after the surgery.
 
old medic, how old are you if you dont mind me asking?
If you log-in to ss website, it will state you get $xxxx at 62, $xxxx at 65, we will give you $xxxx if we find you disabled which is just a little less than what you would get at age 65 but substantially more than 62.
Ive very recently gone through the process.
I know a handful of people who were awarded disability & took 5 months, not years....
But in certain situations can take some time depending on your injuries, etc...
Key is to get a disability attorney which you will never see in-person...
They get paid by the govt, so wont cost you anything.
Its an ordeal & they know what theyre doing vs filing on your own, usually equates to a denial...
Sounds like your doc is on-board which is good....
pm me if you want to further discuss & ill give you my phone #, we can talk....

Ive got a co-worker who was also in a motorcycle accident & had a few surgeries but doesnt sound like as bad as what you went through. A year later you can see that the damaged leg still has a ton of swelling, not sure if it will ever go away....
With his pant on you can obviously see how much bigger the bad leg is compared to the good leg....
Hes not in a situation where the SS money will be enough so he has no choice but to struggle through it & get back to work..
You & I have physical jobs & that makes approval easier....
I dont think you have anything to loose by applying & starting the process...
 
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Thats on the agenda... internet searching only reveals confusing SS pages, or click bate adds from law firms.

To add to my previous comments, I personally would also make sure I spoke with a "Title II" (Title 2) Claims Representative, not a Service Representative, and not someone at the front counter. A Title II Rep will be trained in what you need to know for SSDI. I also personally would ask them how long they have been doing their job. An experienced Rep is who I would want. It is a technical job and I would want a long-timer.
 
My wife worked for the SSA Office of Adjudication and Review for many years. You hear horror story after horror story about a person's claim taking years to even be processed and then you hear encouraging stories about the guy down the street whose claim was approved in 3-4 months. Paperwork errors/incompletions and lack of required (mostly medical) documentation are the most common reasons claims are delayed, and in some cases "lost in space". The process can be a PITA. Hopefully, you will receive a claims representative that is on the ball and enthusiastic to help. Good luck.

Mike
 
As a pain psychologist, I have assisted hundreds of patients in their disability application. It is a known fact that almost all applicants are denied during the first round. It is best to have an attorney, especially for the appeal (at which point is necessary). One of the factors they take in account is age. If you are late 50’s or older, that is favorable. The more educated you are, the less favorable, as they assume that you can use your brain, not your body. Keep in mind that SSD looks at all health issues combined. So it’s important to include all of your health (and mental health issues, if applicable).

Their definition of disabled is the inability to engage in "substantial gainful employment" meaning if you can answer phones from home, or be a greeter at Walmart (when that was a thing) you do not qualify.

As others have said, yo have nothing to lose by getting an attorney and filing, since they only get paid if you are awarded disability.
 
I turn 60 in May. Everything I've ever done has required physical strength and mobility. At this point I have neither. Today marks 3 months and still mostly in a wheelchair.
I have paid into the system for 44 years, so I should be able to take advantage without feeling guilty.
 
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