Disability How Difficult is It to Get

[Mercy&Grace]

A person cannot be both at the same time. I understand that.... my point was more about what SS considered as the end of work. Must the severance be exhausted before he applies. If he gets some severance it might be 10 weeks pay at best and no medical.

His Dr has provided him with notes saying he is allowed to come back to work but this may happen again tomorrow or never again. That's the thing with his condition. We are trying to push for an accommodation role as he has a degree and at one time was in a mgmt training program before they pulled the plug on training in a cost cutting measure. His immediate boss at the time even got downgraded and works as a peer to my son who has seniority to him. His mgr took the job as he had young children and needed the insurance. People forget how bad things got in 2008,and another period of bad times are coming.

I'm getting more depressed as I read things. He has always worked and wants to keep his job. When he had the last episode it was his company that put him on company paid Short term disability against his wishes and a dr note that said he could come back to work. After 6 weeks the 3rd party who the company turned the review over to said why are you keeping him out he has a Dr clearance to return to work and back he went.

COmpany HR departments are just button pushers now . No review or decision , hand off to a 3rd party and wash their hands.

I have see people with illness get pushed out in companies. They rarely find new jobs at anything other than minimum wage and normally not full time. Its devastating to them and their families.

SSA goes by their owns laws and policies when determining disability. It does not matter what a business or other government agencies do. He might have to work in a different field. It will be harder for him to be approved because of his education. If his doctor believes he can return to work. His doctor stating he can return to work indicates he has little to no chance of being approved at this point. If his medical records do not give the diagnosis of a medical determined impairment. He will not be approved. If it does but varies treatments have not been tried and failed. He will not be approved. His doctor believing it might be a specific condition. Does not mean he has been diagnosed with that condition. If diagnostic tests do not confirm his doctor's opinion of a specific condition. It is doubtful SSA will give his doctors professional opinion much, if any weight.

[SandlingAllDay]

If it were me, I would look I to state disability first. Usually the state has some form of assistance for disabled people who aren't on SSI/SSDI. Depending on the medical proof, the state can often push things through to get someone off of their roles.
Also, I would consider having him start mental health therapy. It is not unreasonable to expect that things like depression could crop up as a result of his other issues.
Depression is the 2nd most common medical condition listed on SSDI applications.

The 40ish % who are approved at initial stages usually fall under the "automatic approval" conditions.
The rest, I've found, we're pushed through via other ways. For example, a friend was fast tracked onto SSDI from state disability. Another friend waited 5 years.

I suggest you correct all the medical evidence, and reach out to one of the big SSDI attorneys. They don't take cases that don't think they'll win. It's pointless for them. Lol. At least you'll have an idea of what to expect.
Next, read through the SSA listing of impairments. Find EVERYTHING that applies.

The problem I see, is 3x in 18 months is not usually enough to prove he cannot do ANY form of work. IE: sitting down typing...

Good luck.

[kentucky62]

Thanks for all the input. He does not want disability but I want to have all the questions asked in advance. I thought they should have offered STD again before forcing him into an accomodation review. HIs company just went through their annual layoff to meet their year end targets. Since he was in this review status they steered clear of him and he survived the cut but the review which he has not asked for is in december.

I know the game they are playing, cover all their bases so they do not get sued for letting a person go with a medical condition. Severance does not include medical at this company so he has to go to the AFC plans right out of the gate but if he does not make enough or get a job in 2020 to meet their minimum income threshold he will not qualify for the market place and the subsidy.

I can't see how a company can say your not fit for work but then deny your in some way disabled. I think the manager wants to hire a person who makes 1/2 of what he does due to his length of service.

[Mercy&Grace]

Thanks for all the input. He does not want disability but I want to have all the questions asked in advance. I thought they should have offered STD again before forcing him into an accomodation review. HIs company just went through their annual layoff to meet their year end targets. Since he was in this review status they steered clear of him and he survived the cut but the review which he has not asked for is in december.

I know the game they are playing, cover all their bases so they do not get sued for letting a person go with a medical condition. Severance does not include medical at this company so he has to go to the AFC plans right out of the gate but if he does not make enough or get a job in 2020 to meet their minimum income threshold he will not qualify for the market place and the subsidy.

I can't see how a company can say your not fit for work but then deny your in some way disabled. I think the manager wants to hire a person who makes 1/2 of what he does due to his length of service.

If a employee cannot do their job due to their disability The company does not have to keep the employee on. Although employers cannot fire a employee just because they have a disability.

Did your son's state expand Medicaid ? If he has little to no income, he might qualify for Expanded Medicaid which is free. Depending on the state and area, he may or may not have difficulty finding a doctor in private practice that accepts Medicaid.