Social Security Denial of Benefits.
 

Hi Everyone,

My friend & supervisor is at her wits end. Her husband has just been denied social security benefits mind you, he is bound to a wheel chair and they are not sure if he will ever walk again after the accident. I just don't understand when there are people out there who fake their circumstances just to receive it. Is there anyone who can give me some advice that I can use to share with her?

Thanks,
Theresa

(((Theresa)))

I can understand how disappointing and stressful this is for your friend and her husband :(!

I would recommend that you try to see what your friend's husband can do. Social Security tends to look at things from that angle. Can he wash things, manage money, talk & comprehend what others say, follow directions, remember instructions, etc? Are any of those areas impaired? If so, how? To what extent? Tell your friend that she and her husband must be implicit when listing what he can and cannot do. Second, make sure that doctors agree with their opinion. Third, they should get an attorney and file for appeal.

Very best wishes to your friend and her husband! :hug:
Shez

It ain't over!
 

Here's what I suggest, there's a lot you can do.
1. Get an attorney. It should not cost you a dime.
2. Document everything. Every phone call to the SS office, who you talked to, etc.
3. Gather records. The thing here is the paper. What is said is up to debate, you need to have it in writing, the old paper trail. This was due to an accident, right? start with the accident report. then everything else that you can think of that is pertinent. Time lost at work, doctors appointments, ER visits and the records, ALL of it. This is a lot of legwork I know but you're in it to win.
4. Appeal any denial. Right up to the ALJ. It is said that it tends to tip in your favor the farther into it you go.
5. Remember when on the phone, especially with SS that the individual person is not against you. They have rules they must go by and a process to go through. They are a cog in the wheel, nothing more. They can be very helpful I have found. Conversely, they have rules and their rules say that if you cannot work, etc. you're entitled to SSDI and you're just trying to help them understand why you qualify FOR the benefits.
6. Keep a copy of everything, EVERYTHING. Make sure that when you send something that it has a signature of the person recieving it.
7. I went to the doctors offices, hospitals,etc for my own copies when I was applying. Call ahead, fax a medical release paper back/forth. Cuts down on a lot of waiting ,wondering.


This is a matter of a lot of legwork, phone time, etc. Good luck.

Wow this scares me. I am going in front of the ALJ on June 24th. I am going for 4 knee surgeries that haven't worked (5th upcoming) and for schizoaffective disorder. My depression/schizoaffective disorder is so bad. I do not leave the house for days. And when I feel like leaving I can't because of the constant knee pain. I hired a lawyer after my 2 denials. They told me what may help me is the only type of work I have ever done has ben on my feet all day. well now I have ice packs on my knee most all of the time and sleep in a recliner. Has your friend ever done sit down type work. They may have taken this into account. Also remember they love to deny people for 1 or 2 times hoping they will give up and not fight it all the way thru. Definitely get a lawyer this way they do all the legwork for you. If I din't have 1 I would be lost. I honestly forget everything. and they do not receive any money unless you win! Good Luck!

you will win ok god has the last say!
 

:):)you must keep ther faith what you put all of your trust in god do not waiver friom it no matter how hard it seems gods does or put us in these situation to test our trust and faith in him please believe things will prevail Im a victim of a carjacking and was ran over it took seven years keep the faith I wanted to give up and god just kept adding strength and reasons to keep going in my life little things makes a difference please believe that god bless you family abroard.

up coming hearing
 

please seek a counselor to and do not trust a regular lawyer trust a ssi lawyer and always have people helping you around or taking you to doctors appt dont remember everything please dont give the judge that much information and dont like the part show them how you really feel everyday when you get up go in there and show them this is how I feel everyday do not wear anything that will show you dont need our help take ur time walking dont let anyone rush you and if you dont sleep at all tell them that when they ask humble yourself give it to god and claim it it yours if you want it god will know if you mean it believe it I waited 7 years ok.

he is bound to a wheel chair and they are not sure if he will ever walk again after the accident.


i would try to find the fellow who bound him.

Wheel chair bound
 

Being bound to a wheel chair is not in and of itself a disability.

You need to demonstrate that he has other factors that limit his ability to do Substantial Gainful Activity. I have a friend who has been wheelchair bound for twenty years. She would never qualify for SSDI because she can do many jobs from her wheelchair.

If he can find something that he can do from his chair, it will be worth the effort. If after trying to sustain employment from his chair, it become obvious that he cannot maintain "pace and persistence," then he may qualify. Pace and persistence means he can work a forty hour week, week after week. If he can work a week or two but then needs a week or two foo to regain his strength, that is a limit due to pace and persistence.

Employers are required to make reasonable accommodations for his wheel chair disability.

Qualifying for a handicap placard on his car does not mean he is SSDI disabled.

Get the counsel of a Social Security Disability attorney. They get paid from the back SSDI payments at 25% to a max of $5300.

Also, find out why he was denied. He has a right to know the reason for denial.

It is very difficult to fake a SSDI qualifying disability. Work Comp and other disabilities maybe but not SSDI. Besides, it is a serious federal crime to defraud SSDI.

Those of us who have qualified for SSDI have had to work hard to get approved. It took me three years.

so being a paraplegic or quad does not make you an automatic... i have been a para for 8 years and have always worked but i am thinking of going back on ss due to bowel accidents and not having the ability to be away from home for 8 hours without care.... would I get turned down cause I have proven I can work from the chair?

Nearly everyone gets denied the first time around. You must keep filing, as after you have found out the reason for the denial you will know what they are looking for. However, it is true that your condition must present a disabling barrier to being able to be gainfully employed.