Disability Possibility?

[Teacher Terry]

Old medic, be sure to emphasize all the things you can’t do yourself including daily living tasks. It’s one of the things that they take into consideration. Also if you get denied appeal within the time frame and keep appealing.

Eventually you will go before a law judge who will have a vocational expert to help him make the decision. The fact that they didn’t just deny your claim is promising. I had some severely disabled clients that had to take their appeal all the way to the end before winning.

 

[Koolau]

Old medic, be sure to emphasize all the things you can’t do yourself including daily living tasks. It’s one of the things that they take into consideration. Also if you get denied appeal within the time frame and keep appealing.

Eventually you will go before a law judge who will have a vocational expert to help him make the decision. The fact that they didn’t just deny your claim is promising. I had some severely disabled clients that had to take their appeal all the way to the end before winning.

Is that one of those deals where you lose even though you win? If it cost more to pursue in court than you recover - I'm sure some companies count on that to discourage appeals. Sad

 

[aaronc879]

Is that one of those deals where you lose even though you win? If it cost more to pursue in court than you recover - I'm sure some companies count on that to discourage appeals. Sad

There are no companies involved in Social Security Disability case. The disabled person applying for disability pays nothing unless they win. I believe the lawyers charge 20% of backpay. Say you became disabled on January 1st but didn't win your case until Jan 1st on the next year. If you were entitled to $2500/mo then that is $30K with $6K going to the lawyer. So you would get $24K lump sum then $2500 per month forever.

 

[Teacher Terry]

Aaron, you are correct about how it works but the lawyer gets 30%. Considering some of these cases drag out for 2 years they have earned it.

Years ago our vocational rehabilitation program had a workshop where clients were evaluated doing real contract work. If I thought a client was too disabled to work I would time their ability sit/stand, etc for a month if vocational testing showed that they couldn’t be retrained and my reports would be used in court. One judge in particular wouldn’t rule on a case until he saw my report.

In the 70’s it was too easy to get SSDI so you had people on it that could work. Then because of the backlash it swung too far the other way and now it’s incredibly difficult.

 

[aaronc879]

Aaron, you are correct about how it works but the lawyer gets 30%. Considering some of these cases drag out for 2 years they have earned it.

Years ago our vocational rehabilitation program had a workshop where clients were evaluated doing real contract work. If I thought a client was too disabled to work I would time their ability sit/stand, etc for a month if vocational testing showed that they couldn’t be retrained and my reports would be used in court. One judge in particular wouldn’t rule on a case until he saw my report.

In the 70’s it was too easy to get SSDI so you had people on it that could work. Then because of the backlash it swung too far the other way and now it’s incredibly difficult.

Thanks for letting me know about the percentage. It's a shame that things often get over-corrected. I am one of the people who suffer due to it. I am disabled and should not be working due to the excessive pain it causes but can't get SSDI because I don't have a condition that is considered bad enough to qualify. Too bad there isn't an accurate way to test how much pain a peson has. I am sure I would qualify for SSDI if there was.

 

[PatrickA5]

In the 70’s it was too easy to get SSDI so you had people on it that could work. Then because of the backlash it swung too far the other way and now it’s incredibly difficult.

It appeared to be fairly easy after the Great Recession. Once extended unemployment ran out, many were applying for SSDI. My SIL got it and to this day, I still can't figure out what her disability is and she can't remember how she got it exactly. She has numerous friends that also got SSDI around the same time. I keep waiting for the "shoe to drop" and she'll have to prove her disability, but it hasn't happened yet.

 

[Teacher Terry]

Thanks for letting me know about the percentage. It's a shame that things often get over-corrected. I am one of the people who suffer due to it. I am disabled and should not be working due to the excessive pain it causes but can't get SSDI because I don't have a condition that is considered bad enough to qualify. Too bad there isn't an accurate way to test how much pain a peson has. I am sure I would qualify for SSDI if there was.

There’s a computer evaluation program that can test how much you can lift, stand, bend, etc and it has a built in lie detection so can tell if you’re not putting in your best effort. It’s been around since 1993. If you paid for the evaluation it might help you obtain SSDI. I will see if I can find it online to give you the name of it.

 

[ncbill]

Aaron, you are correct about how it works but the lawyer gets 30%. Considering some of these cases drag out for 2 years they have earned it.

Years ago our vocational rehabilitation program had a workshop where clients were evaluated doing real contract work. If I thought a client was too disabled to work I would time their ability sit/stand, etc for a month if vocational testing showed that they couldn’t be retrained and my reports would be used in court. One judge in particular wouldn’t rule on a case until he saw my report.

In the 70’s it was too easy to get SSDI so you had people on it that could work. Then because of the backlash it swung too far the other way and now it’s incredibly difficult.

Legal fee maximum is now $7200:

https://secure.ssa.gov/poms.Nsf/lnx/0203920006

I can't imagine applying for SS disability WITHOUT using a lawyer.

 

[Teacher Terry]

Legal fee maximum is now $7200:

https://secure.ssa.gov/poms.Nsf/lnx/0203920006

I can't imagine applying for SS disability WITHOUT using a lawyer.

If you’re smart and can fill out the paperwork properly emphasizing your deficits and you’re not able to work at all you can win without a lawyer. I’ve seen plenty of people do it.

If you’re able to retrain they will tell you to go to vocational rehabilitation for assistance. The less education you have the easier it is to obtain. Also if your testing scores are low and you are in your 50’s with for instance multiple physical issues it would take years to improve your reading comprehension to be retrained then again your odds are better. People can use their poor testing results in their vocational report to bolster their case.

 

[youbet]

In the 70’s it was too easy to get SSDI so you had people on it that could work.

There were not only lots of folks on SSDI that could work, there were lots of folks on SSDI that were working cash or barter jobs!

 

[aaronc879]

There’s a computer evaluation program that can test how much you can lift, stand, bend, etc and it has a built in lie detection so can tell if you’re not putting in your best effort. It’s been around since 1993. If you paid for the evaluation it might help you obtain SSDI. I will see if I can find it online to give you the name of it.

I had to do one of those back in 2019 to assist my surgeon in determining my permanent restrictions after my hip replacement. I just found it and it's called JOULE Functional Capacity Evaluation. It may not be the same one you are talking about but it was a computer program and the report includes whether I was giving for effort or not based on what the computer said. The result of my evaluation basically was that I could not do the work I have done in the past but could do "light" work. Due to my age I am expected to get re-trained to do light work. If I were 50's instead of 40's then maybe I could get SSDI.

 

[Teacher Terry]

I had to do one of those back in 2019 to assist my surgeon in determining my permanent restrictions after my hip replacement. I just found it and it's called JOULE Functional Capacity Evaluation. It may not be the same one you are talking about but it was a computer program and the report includes whether I was giving for effort or not based on what the computer said. The result of my evaluation basically was that I could not do the work I have done in the past but could do "light" work. Due to my age I am expected to get re-trained to do light work. If I were 50's instead of 40's then maybe I could get SSDI.

Aaron, if it’s a worker compensation claim then the insurance company will pay to retrain you. If not go to vocational rehabilitation so that they can pay to have you retrained.

 

[aaronc879]

Aaron, if it’s a worker compensation claim then the insurance company will pay to retrain you. If not go to vocational rehabilitation so that they can pay to have you retrained.

I didn't get a Lawyer like I should have. After I got my permanent restrictions the company fired me since I couldn't do the job anymore and they no longer had to keep my on restricted duty. I found an office job that happened to pay exactly 90% of what I was making at the time of the injury. I didn't know at the time that if I had employment of at least 90% of injury wage then they were off the hook for assistance. I quit that job after a couple months but they were off the hook for good. I also don't think they gave me the right disability rating. A total hip replacement alone is supposed to be minimum 40% and I had 2 other surgeries before that and all I got was the 40%. Oh well, i'm sure it's too late now.

 

[Aerides]

Oh well, i'm sure it's too late now.

I would not be so sure. But I am sure there is a lawyer who would talk to you for 30 mins and let you know.

 

[Teacher Terry]

Find an attorney whose specialty is worker compensation claims. That’s all they do so they know all the rules. The consultation is usually free.

If that doesn’t work then go to vocational rehabilitation since you definitely will qualify for services which are free because all of our taxes pay for it. It’s a great program that’s helped many people.

 

[Koolau]

Aaron, you are correct about how it works but the lawyer gets 30%. Considering some of these cases drag out for 2 years they have earned it.

Years ago our vocational rehabilitation program had a workshop where clients were evaluated doing real contract work. If I thought a client was too disabled to work I would time their ability sit/stand, etc for a month if vocational testing showed that they couldn’t be retrained and my reports would be used in court. One judge in particular wouldn’t rule on a case until he saw my report.

In the 70’s it was too easy to get SSDI so you had people on it that could work. Then because of the backlash it swung too far the other way and now it’s incredibly difficult.

The "model" (too lax then too strict) applies to many gummint programs. I mentioned having to beg my PCP for 8 oxycodone pills for my back during travel. Back in the day, he would have me on a 30 day supply of 4/day. Now he is afraid to give me 8, even though I hobble in with a cane. YMMV

 

[Katsmeow]

Thanks for letting me know about the percentage. It's a shame that things often get over-corrected. I am one of the people who suffer due to it. I am disabled and should not be working due to the excessive pain it causes but can't get SSDI because I don't have a condition that is considered bad enough to qualify. Too bad there isn't an accurate way to test how much pain a peson has. I am sure I would qualify for SSDI if there was.

You should consult an attorney not your PCP or a rehab person. Don't know about the WC stuff and timing but at least talk to an attorney about SSDI.

 

[old medic]

Well I have had a VERY encouraging conversation with someone we have known for over 30 years, That retired from the states dept that handles SSD claims. She still works PT doing the same stuff. She actually said don't get an attorney, even if they turn it down, said to request a reevaluation of the claim, then look for an attorney if turned down a 2nd time. Gave me a list of some other stuff to document.

 

[teej1985]

I have worried a little bit about not being eligible for SSDI if I retire early and some disability happens because I believe you need to have had some sort of earned income within the past 10 years to qualify for SSDI. For that reason, it seems advantageous to do some type of earned income right up until 10 years before SS FRA just in case, just to maintain SSDI eligibility. Though perhaps that does not matter as much as I think it would?

 

[Sarah S]

If you want to maintain eligibility for SSDI you need to have worked 5 out of the last ten years if you are older ( the number of quarters needed rises with age) the amount you would need to earn in a social security job is not very high to make a quarter so if you are a high earner you wouldn’t have to work that much but if you stop altogether you would lose eligibility after 5 years not ten. And you need ssdi to get early medicare

 

[Koolau]

Well I have had a VERY encouraging conversation with someone we have known for over 30 years, That retired from the states dept that handles SSD claims. She still works PT doing the same stuff. She actually said don't get an attorney, even if they turn it down, said to request a reevaluation of the claim, then look for an attorney if turned down a 2nd time. Gave me a list of some other stuff to document.

Netw*rking is still important in retirement (It's who you know!) So glad you know someone who knows the ins and outs of the system.

 

[Teacher Terry]

That’s great news old medic!!

 

[teej1985]

If you want to maintain eligibility for SSDI you need to have worked 5 out of the last ten years if you are older ( the number of quarters needed rises with age) the amount you would need to earn in a social security job is not very high to make a quarter so if you are a high earner you wouldn’t have to work that much but if you stop altogether you would lose eligibility after 5 years not ten. And you need ssdi to get early medicare

That's what I thought. it seems risky to stop altogether. Even just drive for Uber enough to get the necessary credits, lol.

 

[old medic]

If you want to maintain eligibility for SSDI you need to have worked 5 out of the last ten years if you are older
And you need ssdi to get early medicare

I had only been retired 16 months, and had just turned 60 a week before the my life literally went down hill... When I called SS to begin with my story was I retired to have time to build our house, with the intentions of returning at least PT. Their work history only went back 15 years, and the only thing on mine was as a medic..... there is no way I can return to that field.
Glad I didn't take up the offer to do some PT EMS teaching, and had let all my credentials to teach expire.