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  1. #1
    Join Date
    Oct 2019
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    11

    Default Disability How Difficult is It to Get

    One of my children age 38, has developed a medical condition. He passes out, sitting or standing, with the main risk being striking their head and potentially dying from the head injury. He has been in the ER three times in the last 18 months , once with bad scalp cuts due to hitting his head. All tests on the heart and brain conceivable including wearing monitors for weeks at a time have been performed and nothing conclusive has been found other than the sudden drop in BP causing the event. So he takes BP meds but it happened again a few weeks ago. His company has started the campaign to say he is not fit for work and let him go. While we work on a strategy to get them to find a different role under ADA rules as they themselves are declaring him disabled, I want to find out what SS disability requires as I hear many people are initially denied out of hand and are forced to have a hearing and hire legal help.

    He wants to work and not get disability but my long experience in business tells me his chances of getting hired again are slim to none and HR has ways to filter people out. I've seen this practice in action personally on people with medical conditions and over 50 employees.

    He has not lost his drivers license but it may come to that. His current work is less than 5 miles from his home and I have been driving him and picking him up There are no close by busses and uber is not a big thing around here. I'm retired but taking care of a grandchild full time 5 days a week.

    How will SS look at this type of disability? If you look at him he looks healthy as a horse and his heart and brain are fine based on all the tests. The drop in BP is not uncommon the DR tells us but the cause and treatment is still a mystery.

    Thanks for any advice.

  2. #2
    Join Date
    Jun 2014
    Posts
    3,094

    Default Re: Disability How Difficult is It to Get

    He must be diagnosed with a Medically Determined Impairment. The impairment must have lasted or be expected to last at least 12 months. The impairment must prevent him from making SGA working jobs in the national economy. SGA for 2019 is $1,220. Some of those jobs are laundry attendant, ticket taker, etc. Based on what you have said here. Chances are he would not be approved at this,point. There is no way of knowing if he would be approved in the future. Most claimants are denied at the initial stages. It can take 12-24 months before a hearing before a ALJ. There is no guarantee of approval at the ALJ stage. It is best to have an attorney that specializes in Social Security Disability Law when appealing to the hearing level.

    The inability to drive has nothing to do with working. Countless people do not drive but do work. He can create a my social security online account at www.ssa.gov. The amount of his monthly SSDI, if approved should be there. I assume he has been working full time for at least the past 10 years. For the purpose of SSDI work credits begin to expire when a person stops working. Be sure he knows,and keeps an eye on his Date Last Insured. His medical records and non medical evidence must agree with SSA Laws before his Date Last Insured. If it does not, he will not ve eligible for SSDI and Medicare. He may or may not be eligible for SSI ink and Medicaid. SSI is a,welfare program for the poor. He must meet SSI financial requirements for SSI and Medicaid. The medical requirements are the same for SSDI and SSI.

    https://www.ssa.gov/benefits/disability/

  3. #3
    Join Date
    Mar 2013
    Posts
    17,274

    Default Re: Disability How Difficult is It to Get

    The word that comes to mind is "syncope."

    https://www.heart.org/en/health-topi...ncope-fainting

    There are several discussions online about syncope and social security disability.

    https://duckduckgo.com/?q=syncope+an...ty&t=h_&ia=web

    All I can suggest is that your son apply for SSDI benefits ASAP. Even if he gets denied the first time out, his claim will be on record and he may eventually be eligible for retroactive benefits.

    Wouldn't hurt to consult an attorney who specializes in SSDI claims.

  4. #4
    Join Date
    Oct 2019
    Posts
    11

    Default Re: Disability How Difficult is It to Get

    Quote Quoting adjusterjack
    View Post
    The word that comes to mind is "syncope."

    https://www.heart.org/en/health-topi...ncope-fainting

    There are several discussions online about syncope and social security disability.

    https://duckduckgo.com/?q=syncope+an...ty&t=h_&ia=web

    All I can suggest is that your son apply for SSDI benefits ASAP. Even if he gets denied the first time out, his claim will be on record and he may eventually be eligible for retroactive benefits.

    Wouldn't hurt to consult an attorney who specializes in SSDI claims.

    Vaso vagal syncope ...That is what the Dr's call it.

  5. #5
    Join Date
    Oct 2019
    Posts
    11

    Default Re: Disability How Difficult is It to Get

    Quote Quoting Mercy&Grace
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    He must be diagnosed with a Medically Determined Impairment. The impairment must have lasted or be expected to last at least 12 months. The impairment must prevent him from making SGA working jobs in the national economy. SGA for 2019 is $1,220. Some of those jobs are laundry attendant, ticket taker, etc.

    The inability to drive has nothing to do with working. Countless people do not drive but do work.
    If there are no bus lines close how does SS require a person to take a ticket attender or laundry position? I can see if you in a large city with a train or subway but in the scattered burbs that option is not available. The impairment must prevent him from making SGA working jobs in the national economy. SGA for 2019 is $1,220. Some of those jobs are laundry attendant, ticket taker, etc. Sorry what does SGA mean?

  6. #6

    Default Re: Disability How Difficult is It to Get

    Just a clarification. From 44-46% of SSD claims are approved on initial application. So yes, the majority are denied, but it is not a large majority. while it appears that his could be denied and he would immediately appeal and get a hearing in front of an administrative law judge. I say appears, because the workers at social security like round pegs to put into round holes, while administrative law judges often find ways to put square pegs into the round holes. You lose nothing by applying, and could delay and thus lose some benefits by not applying as the period of eligibility cannot go farther back than 1 year from the date of the application. how long it takes to get a hearing depends upon how backed up the office is that would hear the appeal.

  7. #7
    Join Date
    Jun 2014
    Posts
    3,094

    Default Re: Disability How Difficult is It to Get

    Quote Quoting doucar
    View Post
    Just a clarification. From 44-46% of SSD claims are approved on initial application. So yes, the majority are denied, but it is not a large majority. while it appears that his could be denied and he would immediately appeal and get a hearing in front of an administrative law judge. I say appears, because the workers at social security like round pegs to put into round holes, while administrative law judges often find ways to put square pegs into the round holes. You lose nothing by applying, and could delay and thus lose some benefits by not applying as the period of eligibility cannot go farther back than 1 year from the date of the application. how long it takes to get a hearing depends upon how backed up the office is that would hear the appeal.
    Administrative Law Judges have more discretion than DDS adjudicators do. Usually those approved at the initial stages meet a listing.

  8. #8
    Join Date
    Oct 2019
    Posts
    11

    Default Re: Disability How Difficult is It to Get

    Quote Quoting doucar
    View Post
    Just a clarification. From 44-46% of SSD claims are approved on initial application. So yes, the majority are denied, but it is not a large majority. while it appears that his could be denied and he would immediately appeal and get a hearing in front of an administrative law judge. I say appears, because the workers at social security like round pegs to put into round holes, while administrative law judges often find ways to put square pegs into the round holes. You lose nothing by applying, and could delay and thus lose some benefits by not applying as the period of eligibility cannot go farther back than 1 year from the date of the application. how long it takes to get a hearing depends upon how backed up the office is that would hear the appeal.

    It sounds like the minute he is forced out he should apply or does he have to wait for any severance to be used up as is the case with unemployment? He has not been out of work since he was 16. He worked while in college. This is weighing on his mind and he is very depressed. While I understand wanting people to work, if they can not drive an live in a suburban or rural area with no bus service it would seem like this is a factor for consideration. Uber is not cheap and a person could spend their minimum wage pay on transportation alone. I volunteer to do taxes for the elderly and working poor every year so I see a lot of low income situations. The govt seems to want you to be living on the edge before you can get any help that will maintain you on the edge.

  9. #9
    Join Date
    Jun 2014
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    3,094

    Default Re: Disability How Difficult is It to Get

    Quote Quoting kentucky62
    View Post
    It sounds like the minute he is forced out he should apply or does he have to wait for any severance to be used up as is the case with unemployment? He has not been out of work since he was 16. He worked while in college. This is weighing on his mind and he is very depressed. While I understand wanting people to work, if they can not drive an live in a suburban or rural area with no bus service it would seem like this is a factor for consideration. Uber is not cheap and a person could spend their minimum wage pay on transportation alone. I volunteer to do taxes for the elderly and working poor every year so I see a lot of low income situations. The govt seems to want you to be living on the edge before you can get any help that will maintain you on the edge.
    When a person receives unemployment. They agree they are ready and able to work. When a person applies for disability. They are saying they are not ready and able to work. A person cannot be both at the same time.

    Is your son's doctors supportative of him applying for disability? Doctors do not know the requirements for being approved. Transportation not being available is not a factor. Your son might have to move into town to get a job.

  10. #10
    Join Date
    Oct 2019
    Posts
    11

    Default Re: Disability How Difficult is It to Get

    Quote Quoting Mercy&Grace
    View Post
    When a person receives unemployment. They agree they are ready and able to work. When a person applies for disability. They are saying they are not ready and able to work. A person cannot be both at the same time.

    Is your son's doctors supportative of him applying for disability? Doctors do not know the requirements for being approved. Transportation not being available is not a factor. Your son might have to move into town to get a job.

    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.

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