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-   -   SSDI Payment rating question (https://www.neurotalk.org/social-security-disability/124710-ssdi-payment-rating-question.html)

luna11 06-13-2010 12:17 PM

SSDI Payment rating question
 
I have applied for ssdi. They recently sent me a packet asking me about living function activities and my work history and work demands on those past jobs. Just send that in.

I have read and am being told that they are looking to then say I can work a sedentary job and dismiss my case. I plan to appeal and ask for a second reconsideration if that happens.

First question: What more info can you provide to help support your case at the second stage?

I have been looking for work - something with less computers and more varied activities so I dont flare up. I do things around the house and my wrist hurts and I stop so it doesnt become too bad of a flare. I helped a friend out in her husbands retail store and my hand started to hurt me after a few hours of moving things around and picking up only light things. I wake up and its stiff and aches/sore - tasks thru the day tend to make it worse.

Second question: My lawyer for WC told me that what will happen is that I will go and get another job and flare up again bad. He said at that point another WC will be opened since mine is now closed and the new employer insurance and old will point fingers and try to avoid covering it. He also told me that I will likely keep being fired since my hands are needed for any job I do - and since I cant seem to handle much at a given time.. he was certain that would occur. So lets say they deny me flat out for ssdi - thru all the appeals. Is there a way to reopen this case in the future if I keep getting fired or cant seem to get/keep a job with this issue?

What I am worried about is this: At my last job I was making OK money. Since the economy has tanked jobs are now paying 8-12 an hour across the board. Jobs that are similar to what I did are paying that. Most jobs that are listed are labor or computers only. Not much inbetween. From what I am reading the SSDI payments are rated on what you last made? Or is it an average? Or .. is it a set amount? This is my only worry that I will have to refile at a later date where I will be making less. It does not seem fair. I am not sure what more I can do to prove my case and I am being told that I will be denied because I am young. I have also been diagnosed with ulnar neruitis recently - which I think I have had the entire time since my elbows hurt me at work when I was let go over a year ago. Nerve test said everything was ok though - no damage which is good cuz then that might go away.

And for the heck of it here is another question: So I am being told I cant draw unemployment since I cant return to my normal work and am still injured. I apply for state disability which I have gotten but my doctor said she can only give it to me for a short time since the state says my condition should be cured in 6 weeks. (she filled out a second form with ulnar neuritis as a diagonosis). She is not really keen on filling out these forms and I know I need a doctor to do this. My general doctor is worthless - she told me I had to go thru a specialist to get the forms filled out. The orthopedic doc said her hands are tied. I wrote the state and they said I need a doc to fill it out - that they might send me to a state doctor which I said was ok. I am currently working wtih a head and neck physical therapist for a tight neck and back. I was going to get evaluated for TOS - which I am told I dont have, even though I have some tightness on my first ribs.

So.. if I cant draw unemployement and the docs keep passing the hot potato around, my papers, what does one do for income? I know I will have to change doctors to get the form filled out - This entire system makes no sense to me.

Sorry this is complicated. This process is hard to find info on.
Thanks

Hoosier_Daddy 06-13-2010 01:38 PM

You must find a doctor that thinks you are totally disabled. From what you have told us so far it does not sound to me like you are incapable of doing any work. They will say you can be a ticket taker or carry papers in an office. And with your age(you say you are young) this will work against you. I know it is difficult. I have 7 knee surgeries within 2 1/2 years time and it was next to impossible for me to win. You may hear differently from others in here but it sounds very iffy to me. Either way good luck to you. p.s. Most importantly you need to find doctor(s) that think you are disabled. Sometims that can be hard to find.

luna11 06-13-2010 05:09 PM

Hoosier_Daddy
When I asked her about state disabilty when she said her hands were tied, she told me to apply to SSDI. I dont really know what type of work she thinks I am capable of. I am just learning this - I feel like I am 5 steps behind. I have not also received my medical files - my workers comp doctor feels that everyone should work - she shared with me her political opinions and told me I must be out there even if I am crippled. She was not my favorite experience - I felt it was a bit harsh but even so.

Being totally disabled vs being able to do the work that is available out there are two different questions. I am not against working - but I wanted to know how they rate it never the less. My hands flare up after 2 hrs of work pretty mcuh and thats light work. So my brain works for the most part but my hands dont. So I guess part time work might be an option - but then that wont pay my few bills and or take care of me. Just wondering how this works? Do you just fall off into oblivion and live on the streets then?

I guess I need to get my medical records and see what they say....

Anyone else have an idea on how they rate the pay? On last salary or cumulative?

echoes long ago 06-13-2010 07:48 PM

its averaged over a number of years. i forget the exact number of years. It also depends on your age on how many years it is averaged over.

Janke 06-13-2010 10:06 PM

Quote:

Originally Posted by luna11 (Post 664355)

Anyone else have an idea on how they rate the pay? On last salary or cumulative?

SSDI payments are based on your average monthly earnings in your adult lifetime - age 22 until the date you became disabled. Low years are averaged with high years. Lots of zero years yield a low monthly benefit.

You should have gotten at least one Social Security Statement which lists your lifetime earnings and an estimate for retirement or disability. It would be mailed to the address on your most recent W-2 or possibly 1040.

In order to be found disabled for SSDI, medical records have to establish that you are unable to physically or mentally perform any kind of substantial work on a sustained basis and that this medical condition has been or will be severe for 12 months or longer. If you are physically and mentally capable of doing a sit down, repetitive, light, unskilled job for 6-8 hours a day, you would be found not disabled. Doesn't matter if your community has none of these jobs - SSA looks at the national economy. Doesn't matter if the jobs available pay a lot less than the jobs you have had in the past.

The appeal process can be long and drawn out and may take several years and you still may not be approved. The other problem is that when you are out of the work force for awhile, you can run out of Social Security insured status.

Since you have filed a claim, the claims rep in your local office can provide you with a benefit estimate based on your current alleged onset date and can give you your date last insured. If you can work, you should work as long as possible even though it means less wages than before. You don't want SSA to find that your disability became severe AFTER your date last insured for disability.

walkerslbje 06-21-2010 01:25 AM

the Dr is he key!
 
Quote:

Originally Posted by luna11 (Post 664268)
I have applied for ssdi. They recently sent me a packet asking me about living function activities and my work history and work demands on those past jobs. Just send that in.

I have read and am being told that they are looking to then say I can work a sedentary job and dismiss my case. I plan to appeal and ask for a second reconsideration if that happens.

First question: What more info can you provide to help support your case at the second stage?

I have been looking for work - something with less computers and more varied activities so I dont flare up. I do things around the house and my wrist hurts and I stop so it doesnt become too bad of a flare. I helped a friend out in her husbands retail store and my hand started to hurt me after a few hours of moving things around and picking up only light things. I wake up and its stiff and aches/sore - tasks thru the day tend to make it worse.

Second question: My lawyer for WC told me that what will happen is that I will go and get another job and flare up again bad. He said at that point another WC will be opened since mine is now closed and the new employer insurance and old will point fingers and try to avoid covering it. He also told me that I will likely keep being fired since my hands are needed for any job I do - and since I cant seem to handle much at a given time.. he was certain that would occur. So lets say they deny me flat out for ssdi - thru all the appeals. Is there a way to reopen this case in the future if I keep getting fired or cant seem to get/keep a job with this issue?

What I am worried about is this: At my last job I was making OK money. Since the economy has tanked jobs are now paying 8-12 an hour across the board. Jobs that are similar to what I did are paying that. Most jobs that are listed are labor or computers only. Not much inbetween. From what I am reading the SSDI payments are rated on what you last made? Or is it an average? Or .. is it a set amount? This is my only worry that I will have to refile at a later date where I will be making less. It does not seem fair. I am not sure what more I can do to prove my case and I am being told that I will be denied because I am young. I have also been diagnosed with ulnar neruitis recently - which I think I have had the entire time since my elbows hurt me at work when I was let go over a year ago. Nerve test said everything was ok though - no damage which is good cuz then that might go away.

And for the heck of it here is another question: So I am being told I cant draw unemployment since I cant return to my normal work and am still injured. I apply for state disability which I have gotten but my doctor said she can only give it to me for a short time since the state says my condition should be cured in 6 weeks. (she filled out a second form with ulnar neuritis as a diagonosis). She is not really keen on filling out these forms and I know I need a doctor to do this. My general doctor is worthless - she told me I had to go thru a specialist to get the forms filled out. The orthopedic doc said her hands are tied. I wrote the state and they said I need a doc to fill it out - that they might send me to a state doctor which I said was ok. I am currently working wtih a head and neck physical therapist for a tight neck and back. I was going to get evaluated for TOS - which I am told I dont have, even though I have some tightness on my first ribs.

So.. if I cant draw unemployement and the docs keep passing the hot potato around, my papers, what does one do for income? I know I will have to change doctors to get the form filled out - This entire system makes no sense to me.

Sorry this is complicated. This process is hard to find info on.
Thanks



it is all in what your Dr. says if they say you can only work 3 or less hours a day then you have a good shot if not you have almost no shot so see if your Dr. will fill out a function report if he dioes send it in you have nothing to loose take care!

walkerslbje


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