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Old 03-20-2011, 10:30 PM
stevesworldnyc stevesworldnyc is offline
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Join Date: Mar 2011
Location: Florida
Posts: 30
10 yr Member
stevesworldnyc stevesworldnyc is offline
Junior Member
 
Join Date: Mar 2011
Location: Florida
Posts: 30
10 yr Member
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Quote:
Originally Posted by bearnst View Post
My wife suffered a stroke on jan 20th. I filed for her ss disability and promptly got a letter saying she did not have enough credits to qualify. She has not worked since 1998 because she was medically retired from Federal Express. filed for disability back then but was denied.

I read on her SS statement that you need 37 credits to qualify for disability benefits and 20 of those have to be in the last 10 years. How can she earn credits when she could not work because of prior medical limitations.

Now, because of the stroke she cannot talk and has no use of her right arm or leg.

Do we have a case if we appeal or is the 20 credits earned in the last 10 years a real sticking point. This really sucks, she worked, paid into SS and now when she needs it she probably stands no chance of getting her disability.

Any suggestions will be greatly appreciated.
If there is any way you can change her date of disability to when she retired for medical reasons from her job, then she will in effect have enough credits. I don't know how that works though, or even if it's possible to do. I do know I've been denied then my appeal was denied and I'm awaiting the decision on the reconsideration of my appeal, but I retired due to disability with no problem at all from my company. If there is any way you can re-open her original application for benefits and appeal the decision that would be the best. If not, the only way to go IMO would be to set her date of disability somewhere that falls back far enough to encompass the required credits to apply. SSI won't be of any use to you if she's getting a pension since it is needs based, unless that pension is less than what the SSI benefit would be and her assets are less than 2 grand in the bank. I think she's allowed to own a car and home. Since she was effectively out of work due to disability during this entire time, it probably would have been better to keep on the original claim for benefits and seek counsel (hire an attorney specializing in SSDI law), but what's done is done. The same advice still holds water though. A competent attorney will know when you should set the date of disability for and if there is a strong enough case for them to take it on then it usually means that you will probably win at some point. It's wrong of SSDI to deny people who can't work because they are legitimately disabled, especially when there are medical records and cat scans or mri s to back up the claimants testimony. The one upside is that once she is finally approved, there may be some backpay coming to her which will help in the short term to catch up on bills or buy a new car or make the home more handicapped accessible or whatever it is you need. I wish you both all the best and hope everything works out!
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stevesworldnyc. Conditions: 4 cervical herniated discs, Peripheral Neuropathy, chronic kidney stones, Spinal Stenosis, 8 herniated discs (4 lumbar, 4 cervical), migraine headaches, sciatica, radiculopathy, HIV, lipid disorder, insomnia.

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