Disability is such a common word. I think most of us knows what it means, especially as it applies to our self. However, the legal definition of disability actually varies tremendously depending on who is defining it and which agency or court has legal jurisdiction.

In my practice as a clinical psychologist, I had many occasions where I was asked to make determinations about patients and whether they met the relevant particular criteria for disability. Social Security defines disability very simply: the inability to engage in substantial gainful activity. However, the system they have set up treats disability in a very complex manner.

Technically, it does not take a doctor or other qualifying practitioner to make a statement that an applicant is disabled. And just because a doctor does declare a person disabled, will not qualify that person for SSD. The doctor must submit the qualifying data that will meet Social Security's definition. But the way the system works, in fact, the primary treating physician must truly believe that the applicant is disabled, or they will absolutely be denied. And not denied just at the beginning, but all the way through, even with a hearing before an ALJ (Administrative Law Judge).

SeemsLikeStitches: I see that you are in CA. The disability law and requirements in CA are like night and day from federal guidelines. All it takes in CA is for any qualified practitioner to fill out a simple form and declare the person to be disabled. And almost all of the time, that's it. Technically, the state can require an independent examination, but it almost never does so -- it is just too expensive. So the state pays out the claim.

Virtually all workers in CA are covered for SDI (State Disability Insurance). Normally, employers are responsible for paying the fees. Sometimes employees do not even know about this benefit. There can be problems if an employer fires an employee, and then the person files a disability claim. The employer will have to fill out an employment form, and the state may get suspicious. But usually not, even under these circumstances.

The amount of monthly disability compensation depends upon a formula . . . the most important criterion is the recent monthly salary. Benefits generally last about 9 months, but can be less, depending upon employment history.

If you think you might qualify for SDI and/or are thinking of applying, you are welcome to PM me. I can give you some more advice and info . . . stuff that I would prefer not to post about.

rafi

In Mo. it's SSI,if that' s what your speaking of and PM's are a very good
idea.very good. Sue

I just reread your post and why does your doc not want you to do disability? That is so aggrevating. I wish some would have more compassion. Also not to get personal but do you think the job loss was because of your issues? On a note could you look on the mental side of this? I know people who are on disability in CA especially because of mental issues like depression. So maybe the combo of the pain/depression could help. Just an idea. Take care.

Sue,

Are you saying that in your state Disability is called SSI???

In New York City, SSI, means Supplemental Security Income. It's totally different that disability. Two different branches of the government.

You can get both, but you have to qualify.

Melody

Hi Terri, whilst i really like your new neuro's positive approach and i really do hope he can find the cause, but he should be also thinking that it takes some time for your nerves to heal properly and i am talking many months to sometimes years so until then, you do have a disabling disease that does greatly interfere physically and even some pain drugs can affect ones ability to think clearly which has to have an impact on anyones ability to perform normal work duties and it all should be taken into account and should be classed appropriately.
What i am trying to say is make sure you set yourself up and claim what your entitled to recieve.

Brian

I don't think it would hurt to see what your options are. There may be benefits available in California that are different than the typical SSI. As for the federal SSDI program, the denial rate in some states is as high as 80 percent for the initial application, and the wait to get a hearing with a judge can be as long as three years depending on where you live.

You would think because SSDI is so hard to get, you wouldn't want to get involved, but actually, the opposite is true. If you believe you will still be disabled a year from now, apply now, because benefits begin five months after the date of onset of your disability (for most people, that's the date when they became unable to work full time). By the time you go through the entire process, you may experience a gap where you have no income at all (unless the state comes through for you), and you want to keep that gap as small as possible.

Doctors are usually very reluctant to support disability unless you are actively dying of something or they are certain you have a condition which will never improve. Problem is, without proper documentation from an appropriate treating specialist, the feds will go by the opinion of a doctor THEY choose, who usually concludes you can work no matter how sick you are. I lucked out and "sped" through the system in only nine months, but I had seven years' worth of medical records, two reputable rheumatologists supporting my case for disability, and a lawyer.

Hope something in here helped.

fanfaire

Want to hear something really interesting?

Long ago, when I was on my third go-round with the disability people, and I first walked into the Disability Lawyer's office, he said this to me. "you will get denied two times, then we will go in front of a disability judge, who will make the determination....that's the way it's done". Then he pointed to a folder and said "you see this person, she has brain cancer and they turned her down two times, they usually turn down everybody two times".

I never forgot that conversation.

Melody