Ginnie, Janke was not claiming the system is perfect in that other post. But it isn't completely broken either.

It took me several years to get approved. Along the way my attorney did some questionable things. My local office lost paperwork. The national 800# gave me bad information. Instead of getting bitter, I learned how to safeguard against many of these things. I put my energy into learning what documentation was required for me to have a successful outcome. I expended so much energy providing information I thought was important, and just wasn't! Part of this is understanding the system. It means digging in to SS policies. It means being brutally honest about not only your abilities, but how you appear to others.

Amusingly enough, I've been accused of being paranoid when I've given out advice to try and help people avoid problems I experienced... (If you have reports that are vital to your SSD application, walk them in to your local office. Have them provide you with a dated stamp on a copy, so you have recourse. They need to be submitted early in the process. It's better to gather all your documentation before you apply. It's better to understand what you'll need to prove before you apply. Approval is a complex medical/legal decision. Many people are successful after a 2nd or even 3rd application, because they finally provide the documentation that is required for a FF decision.)

Social Security is grossly understaffed. It is an incredibly complex system. (And simplifying won't improve things IMO.) The appeals system is fair and works to check and balance. You can't blame SS for the cultural shift of entitlement. I will grant there is a weird sense that SS employees forget applicants have to survive while waiting on decisions. The reality is, if a person is in the application process, they need to apply for aid, get help from family, etc. (I started a thread that became a sticky on this topic.) I do feel the government "plays chicken" to see who will return to work rather than go homeless... Which is harsh. But they're not psychic.

Janke is one of the most knowledagble posters in this forum and is here consistently, providing solid information. Anyone that wants to learn useful SSD info should research her posts, btw.

I agree with LL that I think it's possible/probable that the SSA goes a little slow in the approval process trying to weed out those who hoped for a quick easy approval to get some money even if they weren't totally disabled......ie, someone with a medical condition who was working, but got laid off, so they figure they'll try for SSDI instead of aggressively looking for another job. There are people who do that ! If they give up because SSDI takes too long and they find another job because they couldn't wait for the money, then they weren't totally disabled. Stalling a few months isn't totally unreasonable......the process taking years for many of us is a different story alltogether. Those of us who are totally disabled can get financially devastated while waiting. That stinks !

I do think it's important to remember our own personal responsibility in this process though. None of us asked or wanted to be disabled. Many of us COULD have made better financial plans though. I'm guilty of not having the 'emergency fund' of at least 6 months living expenses in an accessible savings account (like all financial planners recommed). I'm left wondering what a few less trips to Disney and adding that money to an IRA could have added up to that could help me now. Some issues are not the SSA's fault.

No, I still have a problem with the system. I had 6 surgeries with no health insurance. I never qualified for ANY insurance and I fell apart. I had pre-existing conditions which removed me from the insurance pool. So my folks set up a trust. This trust was not given to pay for medical proceedures, but to keep me in my home to pay the taxes and insurance on my home I and my mother paid for. The Agencies didn't care what it said, as long as it benefited me in any way, I was not allowed to keep it. So I lost all two generations saved for to keep this roof over my head. I now cannot pay for taxes and insurance, and this house is still caught in the same trust. I will loose the very thing we tried to protect. No I am bitter, I worked 30 years through pain and illness. This system is set up for failure. I am not allowed to even HAVE the amount of money it takes to pay the taxes. Just what am I suppose to do? I am seeking legal help with my state Rep. I am doing all I can, but I face loosing this place that I fully paid for because this system denied me what was clearly set up in the trust. I am beyond angry. It took almost four years to receive my benefits, though I was clearly disabled, and I DID have a wonderful lawyer. I did all the right applications and timing. This lawyer knew all the laws, as that is all he has done for 30 years. No, the system wasn't good for me. Maybe it works out for others, and I am truely happy for them. But when you face being homeless when you paid for your home, your attitude changes a bit. It depends on which side of issue you are on, and from each persons own perspective. I mean no disrespect for any who comment on this SSD issue. It is just from MY perspective that I feel this system fails terribly. I worked until I risked being paralized, as I knew I would be in trouble with medical issues, and issues regarding my home. My effort almost cost me my life, and it threatens my home. If you had to go through what I have been through, you may not see this the same way. I respectfully offer my own opinion. ginnie

Ginnie, your angry about several things that have nothing to do with SS. What you're describing is a loophole the government stopped years ago, that the elderly used to use to protect their assets For both themselves and their heirs and still be able to draw Medicaid from. Yes, the government expects you to use your resources first before allowing you access to public aid. (If I'm misunderstanding the issue, I apologize.)

My mother made a decision when she retired to add me to her pension. It was an expensive decision. I had not yet been approved for SSDI. She knew that it might effect my ability to draw on certain types of public aid down the road, but felt that her sacrifice was the safest route. I have a nephew that is severely handicapped. He receives thousands of dollars in benefits per month essentially for his care. My mother has faced these same dilemmas for him as well. Does it make sense to leave money to my brother, since any inheritance would be wiped out fairly quickly.

It took me several years to get my FF decision. I'm willing to bet I can top any story you have of SS making errors with your application. The sacrifices I had to make were never as painful, as the sacrifices my son was forced to though. I never faced homelessness due to family help. Looking back I should have applied for housing and public aid. I have met several people that have become homeless over the years while disabled. As much as my situation was difficult, others had it worse.

I've stood in your shoes in many ways. Before I received SSDI approval, I accepted that if my SSDI eligibility ran out, I would have had to then apply for SSI. It would have meant being dependent on family or food stamps and (if I was lucky enough to be accepted) public housing.

I'm not claiming I went happily through the process the entire time. But, you will just make yourself miserable if you carry around this type of anger.

Why not focus on why you haven't been approved (yet) ? Once you get Medicaid and SSDI, these conflicts with the trust are a non-issue, correct? You shouldn't trust your attorney to just handle things IMO, I don't care how good he is. I've gone through the process with both an attorney and pro se. My best advice is to learn the system as if you were doing it pro se, and still use an attorney...

Janke is an incredible resource. Left-handed knows her stuff. There are links to some other great SSDI resources in the stickies.

You are correct, only my mother was not trying to cover up anything. She knew I was sick, and so did the attorney who wrote the trust. He however did not know the rules to medicare/medicaid. The Government took away funds to keep me in my home. There were rules I had to abide by, but evidently my government didn't have to abide by those rules. I was not suppose to use funds at all for medical purposes. It was to allow a disabled person to pay the taxes on a house that is paid for. I will loose this home anyway now, and I do face a housing project or the street. During the time I waited for approval, I used the money or I would be dead now. If after working 30 years, I face loosing all because I got sick, I would say that this system isn't working right. I am not allowed to "have" the amount of money it now takes to pay my taxes. Nobody should have to loose all just because they got sick. You may think this is good, but I consider it a punishment. I was not allowed insurance in this country, I had pre-existing conditions, that is why my parents tried to create a trust to keep me in a home. If my Gov. didn't have to abide by the terms of the trust, then why do I? My folks wrote this thing knowing full well that I was in very deep trouble with my health, and had no options other than what they did. And just why do I pay rent now on my paid for home? Do you think my son wants to collect rent from me, and further put me into poverty? It was a rule they had concerning benefits. No food, unless I pay rent, on a house I already worked and paid for. I cannot move either, stipulations, the house is in the trust. No money for insurance for this home, and I am a sitting duck to the next wandering hurricane. That can wipe me out good too, no way to recover. I worked up to the point I almost died, because I was afraid of this whole situation. I didn't go to a doctor, because of no insurance. I at least thought I would get to keep a roof over my head. I will have to walk away from this place, and go to public housing, is that what is forced upon me after all the work I did?
You think the Gov. paying for my housing is the better answer, than letting me keep this roof over my head? Yeh, they will pay for it, but not let me pay for the taxes, to keep what I have. They will be paying out far more than taxes to put me up someplace. This has already taken its toll. I am not coming down on anyone that knows about this system of ours. I am sure their education has helped others. My view point is that people who are sick should not have to loose all when their health fails. I do not consider this situation in any way to be fair. The lawyer who wrote the thing, said this couldn't happen but it did, his fancy words didn't mean a thing to these agiencies. If my mother had known about these rules, she would have given all to my son, there by saving what two generations worked for. I was told that the language in the trust would allow me to keep the funds for taxes, and so was my mother told the same. The lawyer who wrote it, was mistaken and I have to pay for that error. I am indeed fighting for my life.I won't go to a housing project, nor will I be on the street. I'll be toes up before I do that. ginnie

So you were approved for SSDI? And now have Medicare through SSDI? And received several years of SSDI backpay?

Dont worry I wont be taking my anger out on the ALJ, and my attorney wont either. But we WILL be pointing fingers at the SSD office and their staff for discriminatory practices. My attorney says that when all the documentation shows up at the ALJ's office before the court date, the ALJ's office is more than likely going to make a decision then. I am now writing letters to my Congressman and Senator explaining the FACT that SSD had more than enough documentation to end this at the reconsideration level. They need to stop making denials just because that's their job, to deny. I'll be in touch. Thank you everyone !

I do have my benefits now, I receive medicare/medicaid/foodstamps. After paying rent there is $300 left to pay for utilities. It leaves nothing to save either for taxes or to save my own teeth. It is not enough to live where I do, and I cannot sell the home regardless of the risk of being here. I am appealing to a state Senator, and Rep. to break the trust. Not an issue where I am left not being able to pay car insurance, or for air conditioning in Fla? I gave up TV, my phone, all possessions sold that were worth anything at all. This the price to pay for being sick? Make my son pay to keep me going? This sent my son into a depression as well. He is working 7 days a week to pay my dental bill. How much more should I ask of my adult child to keep me going? I will make an end to this situation one way or the other. This has destroyed not just me, but my family. ginnie

I know how you feel.....I have started the SSD process as well...going on the second year w/attorney....I too have lost all and now have to live with my daughter and my grands.....had to quit my job due to medical issues and having to go to doctors....jobs frown on too many missed hours from work whether you come in late or leave earlier than you are suppose toit is depressing...and family blame you for getting sick-worked over 30 years and now to lose everything and have to try and rebuild the foundation that has been torn down...I am patiently waiting...it is not easy...but I am praying and patiently waiting