Social Security Disability denied
 

I have been disabled since 1996 and did not apply for SSI Disability at that time as I had money and did not think I would qualify. The money has run out and when I applied, do not meet the requirements because I have not worked in the time period required. I have been to a couple of different Dr. over the years. My problem is # 1. I cannot find the first Dr. in 96 and even if I found him I would not be able to get any records. This brings me to my other problem, I went to the second Dr. and he does not have records as they only keep them for 7 years. I have not been to the Dr. on a regular basis because the there is nothing that can be done except surgery. I have been denied and also denied on the appeal. Does anybody have any answers and id there anything I can do at this point?

You need updated medical records. You need records from your personal Dr with records of your disability and why it makes you unable to work. If you haven't seen a Dr since since 1996 than SSD will think that there is nothing wrong with you. My BEST advise for you is to get an attorney who DOES NOTHING BUT SOCIAL SECURITY CASES

Social Security Disability
 

Good Evening!

I am working on my sons SSD claim - My son has a traumatic brain injury.

From my research on the web and talking with his SSD case worker-SSD will not agree to benefits unless you will be disabled for one year.

The key words that must be used are cognitive and functional.

My sons injury occurred in September 2011. Part of his skull was removed and replaced (this is called the bone flap) two weeks ago. At this time-SSD doesn't consider him disabled. They are playing the waiting game to see if he will recover within the next three to six months. With all of this in mind-he has severe headaches, tires easily and has short term memory loss.

He lives in St Petersburg Florida. I am working on finding a legal aid firm that will take his case and pursue his claim.

Consult your local area to see if you have the same type of legal aid groups that will help you file a claim.

You might also try for any state or county agencies that might have funds available.

If there is any further information you might need, please let me know.

This has been quite a dance with SSD - I may have an answer this week on his case.

Take Care!

If your date of onset is 1996, your insured status date for SSDI ran out around 2001, five years later. It is similar to car inusurance. If you stop paying in and then have an accident after the car insurance has lapsed, you are not elgible. So if you can't find the medical evidence that is dated before your date last insured in 2001 or earlier, you cannot get SSDI benefits. One important exception would be if you are legally blind. The rules are slightly different for the blind.

You can apply for the public assistance SSI program if you haven't done so already. You have to be totally forthcoming about your income, resources and living arrangements for as long as you get a check, the rest of your life, if necessary. SSI can find out anything about you that the IRS can find.

I do not believe that getting a lawyer or updated medical evidence will solve your problem with date last insured. If there is no reviewable medical evidence dated in 2001 or earlier, you can't prove that you were disabled before date last insured.

When you are age 62, you entire work history and earnings record will be used to determine the amount of your retirement Social Security check. But for Social Security Disability (SSDI) you have to provide proof that you were disabled before date last insured. And according to you, you can't do it.

Were the records destroyed or sent to a storage facility? If the latter, the doctor can still obtain them.