Need advise.
 

A little about myself first. Age 49, paid into SS since 17 or 18 years old and currently working for 13 years with same company. I was diagnosed from my doctor with, 100% cartilage loss (MRI), bursitis and arthritis. As of right now one option is knee replacement, but unlikely to have it done due to funds. Before the MRI the doctor gave 2 options. I have also had every kind of injection possible.

1-knee replacement
2-possible SSDI. Sounds like he would support me.

My primary doctor is also treating me.

I do retail work, but its getting impossible to walk, stand, sit or lay down for short times or long times. I fell at work (knee gave out) and have been demoted as a result.

Should I apply for SSDI? My husband got SSDI several years ago due to being legally blind. The SSDI system looks as if its changed some what.

Advice
 

Get an attorney, forums are great for support. The system is so complex, somehow 2+2 doesn't equal 4 anymore.

What kind of attorney would I be looking for?

One that deals with Social Security Disability cases ONLY!!!!
You cannot work & file for SSD at the same time. Strongly suggest that you read the wealth of information on the SSDI website and read through the "STICKY" postings at the top of this website.

http://www.ssa.gov/disability/

http://www.ssa.gov/dibplan/dqualify4.htm

Legal Blindness is an automatic qualifier for SSDI. It would be unlikely for you to be approved as "easily" as he was. You wouldn't be eligible for SSDI benefits the first 6 months after you stopped working. If you live in a state that offers short term disability insurance--CA, NY, NJ, HI, RI--then you would be able to collect that for a period.

Your disability has to be severe enough that it keeps you from being able to work ANY job above The Significant Gainful Activity level, which is about $1000 per month.

Contacting an attorney is premature IMO. Most attorneys will not even give a consultation until you get to a certain level in the process, usually a year or two after you apply. Some non-attorney SSDI/SSI claims reps will work with you from the start of an application. There are also free advocacy groups that might advise you as well, but they're often for those with psych claims since they often struggle with being able to advocate for themselves.

Read the sticky "Don't start your claim unprepared" located at the top of this forum. I also recommend the NOLO guide about applying for SSDI.

It is generally a lengthy, complicated process, and should be used only if a person has run out of other options. If you don't currently qualify for Medicaid, you may want to see if you would if you took a leave of absence from your job, and then could afford the surgery. Your county may have a subsidized insurance program if your income is low enough as well.

Good luck.

Attorney
 

Allsup, or a local firm that deal only with social security, whatever you do, don't deal with binder and binder, they treat you like you are bothering them.

Because an attorney is paid out of backpay, there is an argument, and a good one in my opinion, that there is zero incentive for an attorney to provide assistance that would result in a fast approval. The cynical might even suggest that the longer a case drags on, the more likely an attorney will receive the maximum amount of fees. Thus, my post giving other legal alternatives above....

Attorney
 

I've had binder and binder for 7 years now, I'm not sure what the incentive is anymore. All I know, if I had it to do over, I won't pick them.

Husband was just denied at application level (which we knew would happen). He has RSD, full body tremors (that so far 3 doctors cannot figure out how to stop), and full blown anxiety. We just went with Allsup. Hoping that since they took his case this is a good sign :Scratch-Head:

ALSO: Husband had a FCE that his doctor ordered last Oct, which he failed with flying colors and his doctor wrote a letter to his IRA company stating that he meets the IRC code of disabled for tax purposes. Allsup gets 25%, but no greater than $6000 from what I read....

Allsup
 

Good move, whatever they get, as long as you get twice as much and steady money coming in monthly