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Old 01-21-2014, 11:58 AM #1
TCTC TCTC is offline
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Default Claim time limits?

My wife was badly injured in a car accident where an 18 wheeler ran a stop sign and ploughed into her. She was in a coma, came out with TBI (traumatic brain injury), cyclo-rotation of one of her eyes causing double vision to this day, plus several other things..

Let's say the accident happened 03/01/2012. She worked from the time she was 15 and became a stay-at-home mom back in 11/2005 at the age of 29.

We just applied 2 months ago because we were hoping she'd eventually get better, but she hasn't. We didn't want to unnecessarily take benefits if she was going to get better.

However, we were denied by social security because they said her accident would have had to occur by 12/31/2010 to be covered. Is there anything we can do?

We were waiting until our kids were both in school before she went back to work, but she's never going to be able to hold a job now.
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Old 01-21-2014, 01:54 PM #2
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I see, she was a stay at home mom since 2005, and didn't go back to work.

It is based on work credits in a recent time frame..

[In addition to meeting our definition of disability, you must have worked long enough--and recently enough--under Social Security to qualify for disability benefits. ]
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http://www.ssa.gov/dibplan/dqualify2.htm
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Old 01-21-2014, 05:25 PM #3
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Quote:
Originally Posted by TCTC View Post
My wife was badly injured in a car accident where an 18 wheeler ran a stop sign and ploughed into her. She was in a coma, came out with TBI (traumatic brain injury), cyclo-rotation of one of her eyes causing double vision to this day, plus several other things..

Let's say the accident happened 03/01/2012. She worked from the time she was 15 and became a stay-at-home mom back in 11/2005 at the age of 29.

We just applied 2 months ago because we were hoping she'd eventually get better, but she hasn't. We didn't want to unnecessarily take benefits if she was going to get better.

However, we were denied by social security because they said her accident would have had to occur by 12/31/2010 to be covered. Is there anything we can do?

We were waiting until our kids were both in school before she went back to work, but she's never going to be able to hold a job now.
The timeframe is 5 years with no exceptions. If you have very low income and assets, she could qualify for SSI.

Hopefully she received a substantial settlement to offset future earnings issues...
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Old 01-21-2014, 07:55 PM #4
finz finz is offline
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Sorry TCTC,

This is an issue that a lot of stay at home moms don't consider until, like your wife, they become disabled and find they don't qualify.

Purchasing private STD and LTD policies are an option for people who chose to take significant time off from the workforce, but even then many married couples focus on "covering" the worker, not the SAHP. When my kids were young, my husband and I thought additional disability was too expensive (and, of course, believed we were not likely to ever need it.....). We did cover ourselves with life insurance, but even then, went for a large amount of coverage for my husband, who became the primary breadwinner, and less for me, as I only worked part time back then. The "common practice" then was to cover so many times your annual salary. If something happened to him, we would have been covered, but if I had died prematurely, he would have been stuck paying for years of daycare so that he could keep working. I think these issues should be covered in a course in highschool.....financial health for life, covering everything from how to balance a checkbook, the importance of matching any company contributions to retirement funds, comparing a company's total benefit package vs just their salaries, that SSDI or SS retirement isn't enough to live WELL off of, carrying adequate insurance, etc.

I hate hearing about situations like this, when you thought there would be a benefit available to you.....and it isn't.

I hope that you have more success in dealing with the insurer of the driver of that 18 wheeler.
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Old 01-21-2014, 11:53 PM #5
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Quote:
Originally Posted by TCTC View Post
My wife was badly injured in a car accident where an 18 wheeler ran a stop sign and ploughed into her. She was in a coma, came out with TBI (traumatic brain injury), cyclo-rotation of one of her eyes causing double vision to this day, plus several other things..

Let's say the accident happened 03/01/2012. She worked from the time she was 15 and became a stay-at-home mom back in 11/2005 at the age of 29.

We just applied 2 months ago because we were hoping she'd eventually get better, but she hasn't. We didn't want to unnecessarily take benefits if she was going to get better.

However, we were denied by social security because they said her accident would have had to occur by 12/31/2010 to be covered. Is there anything we can do?

We were waiting until our kids were both in school before she went back to work, but she's never going to be able to hold a job now.
Here is my long shot suggestion that might not work even if she could do it.

A claims rep at your local office could run a program to figure out just how much she would have to earn at a job to get those precious credits she now badly needs and could figure out at what point in the future, she would have enough credits. There are employers that deliberately hire the handicapped, the developmentally disabled. Her condition is not from birth, but it does impact her ability to be gainfully employed similarly to a developmentally disabled adult. Places like Goodwill or another sheltered workshop. She wouldn't have to work full time to earn 4 credits in 2014; she would have to have $4800 in wages for 2014 to earn 4 credits which would be about 12-15 hours a week at $8 an hour. She might have to do this for a few years.

Another solution would be for her to find some simple self-employment business that would generate a profit of $4800. Be sure that it is a valid business.

Having enough credits at some point would mean that she could potentially qualify for SSDI and Medicare before age 65. The only other option is the SSI program, but that is a program that she can only qualify for if the family income remains low. It can stop or be reduced as you, her spouse, makes more money. It can also be stopped if she gets that possible settlement. It is designed to help the neediest of the disabled and provides enough money for a welfare lifestyle. That is a gift to some people, but not to those who have had a middle income life.
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Old 01-24-2014, 09:37 AM #6
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Quote:
Originally Posted by finz View Post
Sorry TCTC,

This is an issue that a lot of stay at home moms don't consider until, like your wife, they become disabled and find they don't qualify.

Purchasing private STD and LTD policies are an option for people who chose to take significant time off from the workforce, but even then many married couples focus on "covering" the worker, not the SAHP. When my kids were young, my husband and I thought additional disability was too expensive (and, of course, believed we were not likely to ever need it.....). We did cover ourselves with life insurance, but even then, went for a large amount of coverage for my husband, who became the primary breadwinner, and less for me, as I only worked part time back then. The "common practice" then was to cover so many times your annual salary. If something happened to him, we would have been covered, but if I had died prematurely, he would have been stuck paying for years of daycare so that he could keep working. I think these issues should be covered in a course in highschool.....financial health for life, covering everything from how to balance a checkbook, the importance of matching any company contributions to retirement funds, comparing a company's total benefit package vs just their salaries, that SSDI or SS retirement isn't enough to live WELL off of, carrying adequate insurance, etc.

I hate hearing about situations like this, when you thought there would be a benefit available to you.....and it isn't.

I hope that you have more success in dealing with the insurer of the driver of that 18 wheeler.
Finally, I found someone else who agrees with me about teaching "Finance 101" in High School!!!! I was an Assistant Branch Manager with a Bank some time ago, before my husband was transferred to another state. We had a program for helping the grade school children opening their first Savings Account, but I kept saying...we really need to help and prepare the high schoolers since they will need this after they graduate anywhere from a new job, college, marriage, children, buying a first car, a first home, but....you know where that went....!!

Anyway, I started working Part time after we moved here to Florida and then was offered full time October 23,2012. After I worked one full year as full-time then, I could have benefits to include ST and LT disability.....well...don't ya know??? My seizure and then brain tumor diagnosis all happened on Sept 24,2013....just one month from my availability for benefits! I applied for SSDI the day before I had my Pre-Op and then Craniotomy scheduled the day after , as the nurse said "just in case" it was cancerous...we were hoping that the diagnosis would be benign and I would be able to work again to the FMLA date of 1/2/2014.....Nope, no such luck...still not sure exactly what the diagnosis is because the Biopsy is calling the tumor Idiopathic...more testing required...anyway, who would have thought that I would have been denied....but yes, even with a brain tumor...seizures, memory, speech problems....denied. Now I am in the process of gathering more information for my appeal with the new tests that are required. I am 61, who would have thought????? I really loved my job and I have always enjoyed working all these 45 years in different positions...the really first "hard" part is I am not allowed to drive due to my seizures, and where I live there is no "transportation", my hubby cannot take me to work, he travels all over the place...and really in my area, most people are retired where I live. Ugh!! I can write and read very well, but my speech and memory of words is terrible...at least on the computer, I can look up words that I cannot remember and then type them in....LOL!

Hoping I can get my SSDI appeal done...my Neurologist says absolutely yes, now that I have a Chronic/Idiopathic diagnosis...if my appeal is denied...I guess I will have to use an attorney, although, I really don't think that I should have to pay any of my hard earned dollars to anyone else to accomplish this process.

Thanks for letting me "rant" a bit.
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