I have been recommended to this site for answers to my concerns on filing for disability. I have read the questions and answers from others and have found them greatly informative. Thank you all in the past.

I am a construction trades electrician whom has developed a serious problem with COPD that has made it impossible to continue in the work trade. I am 63 years old and in the last year went through two cases of cancer, prostate and lymph node cancer. The prostate was removed and still today having continued problems with disfunction and leakage. May require more surgury. My Lymph node cancer was properly treated with Chemothearpy injections and continued visits for followups are required. The Chemo did create a layoff in my trade with no exclaimations of why the layoff when there was many more months of work on this job. My copd complications made things impossible for stairs, small jobs around the house to accomplish. I have been tested in the lung capacity and given a .8 reading which is well below the 1.30 requirement disability requirements. I have also been prescribed the use of an oxygen generator for use and now use this 50% of my daily use.

The questions I have for you all. First, I am on my insurance plans disability and receiving income based on state unemployment income. My plan has provided me with a counselor to properly file my self claim for SSD and this was filed September 6, 2013. My plan has also informed me that if Social Security denies me my claim, they will provide me with an attorney for free to refile an appeal. Still today, I have not received and answer from Social Security on anything relating to the status of my claim. I was informed by my counselor to leave things alone or my claim will be shuffled to the bottom of the pile. I have a friend whom has filed, with an attorney, and has been scheduled with review appointments from Social Security all within the first month.

What must I do to receive fair treatment for consideration in my claim? Am I being put aside for not having an attorney?

I find your situation troubling for multiple reasons. First, the SSA and DDS employees would like nothing better than to get your case off of their pending workload by making either a favorable or unfavorable decision. It is a normal part of their workday to answer questions about status. I actually think it is foolish not to ask about status. Second is that you are age 63 and the local office should have recognized that you were also eligible to file for reduced retirement and part of normal processing, would have contacted you about that and given you your options. Third, you don't say anything about what you may have signed with this 'counselor'. Third parties cannot file claims on your behalf. They may be able to establish an intent to file, but you still have to sign documents and you don't mention anything about signing anything.

Are you sure that a claim was filed? Did you and this counselor complete a disability report and submit it online with the online SSDI application? If so, there would be a receipt for the application. You can also call the teleservice center 800-772-1213 to see what the status is. They won't be able to give you much in the way of specific details; for that you would have to know the name of the DDS analyst and the field office claims rep. That may take a few phone calls to figure out.

IMO, attorneys don't do much at the initial level besides filling out forms and then they let their lower level staffers take care of that. I think any reasonably intelligent person can complete their own forms as good as a attorney staffer, as long as they are thorough.

I do not think sitting back and doing nothing is a good plan. And it has nothing to do with whether or not you have an attorney now or not. SSA treats represented claimants no differently than unrepresented claimants. Represented claimants at least have someone who understands the procedures better than you do, but are not all that helpful at the initial and reconsiderations level. IMO.

I thank you for the immediate response to my questions regarding the Social Security office and the few questions I have brought forward.

Getting back to you, in response to your statement following:
“First, the SSA and DDS employees would like nothing better than to get your case off of their pending workload by making either a favorable or unfavorable decision. It is a normal part of their workday to answer questions about Status.”
I approached this method when I had some additional medical documentation and questions on status by going to the office I was assigned to in the Minneapolis suburbs. I was told to take a number and my number would be called when my time to speak would be honored. After two hours of sitting, finally I am called to the window. I spoke to the person at the window and asked to speak to the case person handling my claim. I mention I have some paper to add to my claim and in turn received a good response. The case workers are very busy working on claims. They do not take documentation or visits until your case is under review. They will take your submittals in the mail. I asked for a name of a contact person by name to submit these papers so they may get to my file and not placed elsewhere. I only received mailing envelope addressed to SSA. It was like pulling teeth the get the initials of the person to attention my paper work to. I assume that SSA in Minneapolis is very busy, and maybe my counselor knew what she was talking about when she stated, “Do not bother them.”

Second, You mention my age and reduced retirement and options, I will look into this. I thank you.

Third, You mentioned, “Third parties cannot file claims.” The third party here was help in filing the initial claim necessary documentation that is needed to file properly with SSA. Yes, three to four months gathering the list of past employers and contact personal , medical information relating to prescriptions used, doctors (either whom I am seeing now or past and present surgeons), hospital stays (dates, treatments and etc.). and two small essays , one 2000 word, and for sakes do not go over the word count, on limits imposed on your daily living, the other at 205 words, “Why I am unable to work.” She did a nice job in helping me get the right information, submitted the application, and yes I signed the forms and I have a “Confirmation Number” dated on September 6, 2013. Since my claim was filed in September, I have not once been contacted by anyone from SSA

I look forward to any other information you and others can give to expedite this claim. Thank you again.

Quote:

I approached this method when I had some additional medical documentation and questions on status by going to the office I was assigned to in the Minneapolis suburbs. I was told to take a number and my number would be called when my time to speak would be honored. After two hours of sitting, finally I am called to the window. I spoke to the person at the window and asked to speak to the case person handling my claim. I mention I have some paper to add to my claim and in turn received a good response. The case workers are very busy working on claims. They do not take documentation or visits until your case is under review. They will take your submittals in the mail. I asked for a name of a contact person by name to submit these papers so they may get to my file and not placed elsewhere. I only received mailing envelope addressed to SSA. It was like pulling teeth the get the initials of the person to attention my paper work to. I assume that SSA in Minneapolis is very busy, and maybe my counselor knew what she was talking about when she stated, “Do not bother them.”

My local SSA office was the same. Take a number, wait for hours and hours, just to hand them something. They had a drop box but removed it for fear someone would drop an explosive device in it instead of claim information. They required you to take a number just to drop something off. I hurt so bad that I could not sit there for hours and I began mailing things priority and certified mail after that encounter.

But I have one better than you.......... we took a number, waited hours, just to be called to the window to "check in", and told to take a seat until we were called again. Just to hand them an envelope. Did not need to "speak" to anyone. Just wanted to hand them a sealed envelope. Finally called to a window the 2nd time, handed them the envelope, and hobbled out the door. No words were spoken.

Five months is a long time to not have any contact at all. You can either sit back and wait or make a few more phone calls, starting with 1-800-772-1213 and see if you can get the phone number of the DDS your case is assigned to and then through that number, find the analyst assigned. That would not be someone in your local office.

No one here can do anything. It may take a lot of time on the phone, but you can get information and status if you are proactive. Or you can believe that counselor who told you not to do any follow ups. The claims reps in your local office are probably not going to do anything on your case unless the DDS finds you disabled and it can be difficult or impossible to catch them between new claims processing and approved claims processing. Did your counselor explain the process to you?

A 2000 word essay is a lot to read. I also doubt that anyone is going to contact your former employers unless there is some reason to doubt what you say or unless you state you were working and performing SGA after your date of onset. Your counselor should understand those concepts too.

I have no more suggestions although I am glad you have a confirmation number that the claim was filed.

Took your advice and became my own advocate, and after spending the day on the phone produced some interesting results. Called the 800 number and received a very courdeous person on the other side. He did say my medical release document was missing and has created the delay, but now that they recently switched to online submittials, I would have to resubmit the entire application just to submit the medical release document. I stated to this person that the medical form (SSA-827) was submitted three times, once with application, two times-in person, in long waits to get to a window with number in hand, and once mailed to their branch office with their postage paid envelope. Why they haven't received it, no one has an answer. After discussing this with my insurance provider, I have the counselor back, along with an attorney supplied the help me through this. Thank you again on the advice to become my own advocate. Oh, by the way, my local TV station, investigative reports, has found my story quite interesting and would like to come over and visit me. Will let you know the outcome at a later date so that we all can better educated with the SSA and disability forms.

I am glad you took action and found out the reason. However, when these news media people interview you, I hope that you are sure to mention the bad advice given to you by this counselor that you relied on; to not make phone calls because your case will be put at the bottom of the pile, which is totally untrue.

Dear LittleLegs,

Possible ideas. Since you are 63, you could take early retirement benefits (eligible at 62), and be receiving those benefits while you wait on your disability claim. Once you reach FULL retirement age, whatever that may be for you, I am guessing 66, even if you are approved for disability, your disability benefits revert to retirement benefits at full retirement age. You would be on disability only from the date determined by SSDI as your disability date until you reach the age of full retirement.

The catch is the difference in the money amounts.

Early retirement is less than disability money amount. If you collect early retirement benefits while waiting on decision and later get approved, they will calculate the amount of your benefits based on the disability amount from the date that you are entitled to it and deduct the retirement benefits already paid to you from your back benefits.

When you reach FULL retirement age and are on disability, your disability benefits will cease and become retirement benefits. The question then is the amount of money that is then considered retirement.

I am not sure on this but I "think", instead of getting the amount you would if you waited until FULL retirement age for ANY type of benefits, instead you will continue at the same money amount as you had under disability. It is just not termed disability after full retirement age. I could be wrong. I do not think they bump you up to the full retirement benefit amount if you were on disability at the time you reach full retirement. I think you stay at the same amount.

The advantage to taking the early retirement is getting money while your claim is pending and also if you are denied.

The disadvantage is that you get may be stuck at the lower early retirement benefit if not approved and stuck at the lower than full amount of retirement if you are approved.

Does this make any sense to you? Like I said, I am not positive about what $ amount happens if you are on disability when you reach 66 (or your age requirement) but I think it remains the same and is not bumped up.

Be sure you understand the pros and cons before making a decision about retirement benefits now or waiting.

Good luck to you.