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madmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:39 PM
Original message
Question about filing for a disability...
My SO is diagnosed and suffering from Menere's disease, it is an inner ear problem that messes up your balance, including sever vertigo and nausea. He files for a disability in March, we've gone through all the steps..paper work, their doctors, test and more tests, so my question is how long before you get a yea or a nay? He's been getting the "reviewing the medical portion of your claim" now for about 5 months, almost 6. Anyone have any info.. a ray of hope...anything? Oh and BTW this is one of the diseases they have listed on their list of allowable claims.:shrug:
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:41 PM
Response to Original message
1. You can get disability for that?
Everybody in my family has it to some degree. Here we are working like a bunch of suckers. :shrug:
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madmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:45 PM
Response to Reply #1
2. It depends on how sever it is, thus all the tests. My SO can't even drive anymore because of
it. He never knows when it will come on and sometimes he is so off balance he can't stand up or get up and has to stay in bed.
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cbayer Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:47 PM
Response to Original message
3. Is it for private disability insurance of SSI?
If private, be a very squeaky wheel. They will drag their feet forever.

If it's SSI, hire a disability lawyer. They are highly likely to turn him down the first go round.

:hi:
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Dappleganger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:49 PM
Response to Original message
4. Be prepared for multiple denials.
Most people I know (especially with 'unseen' illnesses) are having to appeal denials several times before being approved.
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bear425 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:03 PM
Response to Reply #4
7. Yes. multiple denials for my SO.
Finally had to get an attorney who got it settled for a reasonable fee. It's a pain, but don't wait too long to get an attorney. Especially, after the second denial. Good luck and stay strong.
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 09:55 PM
Response to Original message
5. Federal disability (SSDI)? It can take some time. Claims go to a medical review board.
Determination isn't made in a field, administrative office. My experience, be sure *every single piece* of medical documentation gets into the file. Sign releases for every professional provider involved in his care or in side effects of the condition. Note every effect the condition has on daily activities and ability to work.

(Disclaimer) This is solely my lay person's input, as someone who's been through the system. There may be some local disability advocates in your area that have more input. Worth a follow up, imo. :hi:
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Skip_In_Boulder Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:02 PM
Response to Original message
6. Not to dash your hopes
But a lot of it depends on what state you live in. But on average it takes about six months to get a denial, which the vast majority of claims get a denial on the initial claim. Then you get into the appeal process. In my case it took 2 years from my original filing date to get a hearing in front of an administrative judge, which I had on July 2nd of this year. I am currently waiting the 30 to 60 days that it normally takes to get a ruling from the administrative judge. Oh, and when you get into the appeal process that is when you need to get an attorney but that is not a big deal as they pretty much all take their cases on a contingency fee. (I worked for a SSDI attorney for a short while back in the early 90's while I was between jobs}.

However, I researched the rulings of the particular judge I went before and from the time period of 2005 to the first 3 months of 2011 he had an approval rate of 73% of claims coming before him. Which is a lot better than many judges particularly if you are filing in a conservative state so I am hopeful that I can get a favorable resolution at this stage.

Like I said, not to dash your hopes but the popular meme put out by Republicans is that all you have to do is file a claim and it's instant money. This is a long and arduous process which requires a lot of patience. Make sure you have all of your medical issues fully documented to the fullest extent possible.
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Old Codger Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:04 PM
Response to Original message
8. Apply
As soon as possible, the back pay starts based on your first application no matter how long it takes to get approved,it can take quite a while.They will deny the first application almost without reading it, then you have to apply again, usually takes three tries and an attorney to get it done. But all back pay is based on date of initial application. How old? And what state?
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bear425 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:05 PM
Response to Original message
9. Sorry. Reply #7 was meant for you. n/t
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mysuzuki2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:07 PM
Response to Original message
10. I am a retired SSA employee. 6 months is running a little long.
was (s)he sent for a consultative exam? That can make things take longer. I have seen people approved with that diagnosis. I obviously do not know anything about your SO. If (s)he is denied, file zn appeal. Don't bother with an attorney until you get to the hearing level. If you hire an attorney, hire someone local who in disability. Many do so on a contingency basis. Avoid out of state law firms advertising on cable TV> I will be happy to offer advice if you want to PM me. If it makes you feel better no one at SSA is out to get you.
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madmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 10:33 PM
Response to Original message
11. Thanks to all who replied. This is his first filing and he hasn't yet received a denial at all. He
has gone to their doctor of choice for an exam, he has had all the tests they wanted done, they have sent and received back paper work for request to have medical info released. We have done everything they have asked and still no word, not even a denial. The 8th of August will be 6 months, so we were just wondering if we had a light at the end of the tunnel or if it is the train.
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canetoad Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-24-11 11:10 PM
Response to Original message
12. Posted with the usual disclaimer
That living in Australia, your laws may not be the same.

In current disablility legislation (Social Security Act 1991) there is a section buried in the middle of the Act called the Impairment Tables. This is a reference to them, they can be found in Schedule IB Vol 3 of the Act. http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-1/ssguide-1.1/ssguide-1.1.i/ssguide-1.1.i.10.html

Their importance is that they define the levels of physical, mental, visual, aural disability required to qualify for a pension. The definitions are ususally by percentages of loss of function.

I'd be surprised if such a document didn't exist somewhere in your social security laws. It is the tool used by SS workers and doctors to assess suitability for work or pension.

If you can track it down, read the impairment tables. It will prepare you for the assessment.

If you can't but wish to read the Australian version, please pm me for a link or pdf.

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