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» LymeNet Flash » Questions and Discussion » General Support » Daughter denied SSDI

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Author Topic: Daughter denied SSDI
kelmo
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Well, we were hoping we wouldn't get this news, but felt it was coming.

They said that her illness and chronic pain was due to bartonella and babesia bacterial infection. She was being treated, and is improving. Based on her education, ability to speak, see, walk, they didn't see why she couldn't support herself.

I'm sure all of you have received similar letters.

Is it worth appealing? She is taking 10 hours of classes (one on campus, two online). She will need 12 to stay on our health insurance. She isn't sure she can keep up with so many hours next semester.

If it's worth appealing, I'll look into an attorney. She is 19, and has never worked.

Kelly

Posts: 2903 | From AZ | Registered: Feb 2006  |  IP: Logged | Report this post to a Moderator
bettyg
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kelly,

denied on 1st stop; reconsideration step,

admin law judge step, or APPEALS COURT out east?


YES, IT'S WORTH IT!

GET OUT THE SSDI PAGES I SENT YOU and do some more reading.

go to www.socialsecurity.gov and look at UNDER AGE 21 cildren and how they deal with tings.


you'll also want to see her file to prepare for future step!


connie mc can tell you more, but it's well worth it!

it's hell on our bodies, mind, and every emotion we have.


if you can't do it, hire an experienced LLMD attorney or REP like our connie mc who has background.


connie mc/reps CAN NOT HANDLE THESE IN CIVIL/FEDERAL COURT, and some lawyers can't either ... so check that point out good ok kelly.


post on disinissues web site too, and mention daughter's classes; get sarah'/moderator's OPINION ON THAT TOO.

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AZURE WISH
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If she is really to sick to work it is worth appealing.

Almost everyone is denied the 1st time. Does she have a lawyer. I think it helps.

Also it is harder for a younger person to get.

If she doesnt have a lawyer I would suggest you get one that specializes in disability. Trying to figure out what paperwork is needed and get it together is just to overwhelming when you are sick.

Best wishes [group hug]

--------------------
multiple chemical sensitvity group:
http://www.lymefriends.com/group/multiplechemicalsensitivities

Group for artists. All media welcome:
http://www.lymefriends.com/group/creativecorner


http://groups.yahoo.com/group/Lyme_Artist

Posts: 3860 | From nj,usa | Registered: Mar 2001  |  IP: Logged | Report this post to a Moderator
BJK
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My SS worker actually told me at the beginning of the application process that regarless of my condition, I would be denied the first time.

She also told me to appeal regarless of my circumstances.

She was right, SS sent me for a mental exam and used the part that I passed as the reason for denial(despite failing others).

When the denial was final (after about 7 months in review) I was getting better and returning to work.

My ss worker recommended appealing anyways just in case. Thinking I would never go backwards in my condition, I did not appeal. [shake] Big mistake.

Just a couple of months later my condition went south and my doc pulled me back out of work. This was totally unexpected.

Now I have to start all over with SS disability and they will most likely deny me again.

"Hind sight is 20-20" Always appeal! Its definitely worth it. I will probably find a Laweyer this time as well.

I hope my mistake will at least help someone else make a better decision.

Hope all goes well,
BJK

--------------------
BJK

Nothing I write here is medical advice...I'm just another lymie sharing how this disease has affected me personally

Posts: 175 | From Central Maine | Registered: Sep 2007  |  IP: Logged | Report this post to a Moderator
valymemom
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kelly

I don't know if this helps, but if your daughter is registered with the disability office at her college......then full time is just 9 credits. My son had his doctor write a letter and he gave it to the disability office on campus. This status also allows him to register first for classes so he is more able to get times to fit his fatigue, also.

Maybe this would allow your daughter to remain on your insurance.

Once graduated the disability papers are shredded and never appear on a transcript.......that is the law.

Posts: 1240 | From Centreville,VA | Registered: Mar 2005  |  IP: Logged | Report this post to a Moderator
ConnieMc
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Lyme, etc is filled with mostly "subjective" symptoms. That's why most Lyme cases go all the way to hearing level.

Thing to do is make sure there is as much "objective" information as possible. Like a neuropsych, longitudinal evidence through consistent medical records, and a letter from the LLMD in the format given in the thing I wrote up which is included in Betty G's info.

IMO, the fact that she is taking 10 hours in college is a problem. Because it will be easy for Disability Determination to say that not only is she in class approx 10 hours per week, which shows she is able to maintain a schedule, but taking 10 hours of coursework will require quite a few hours of work outside class. As long as they can show that she is capable of 15 or more hours per week total, they may deny.

My strategy would be to keep the claim in process for as long as it takes. You never know what the future holds and things chance rapidly with someone with one of these unpredictable illnesses.

In the meantime, have your LLMD be sure to put plenty of statements into the record which will pave the way for a succesful claim. As much as possible, he/she needs to make statements about observations made during appointments - mobility, ability to understand treatment recs, strength, etc.

Good luck.

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Geneal
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In my experience, dealing with people of all ages having strokes or Closed Head Injuries,

They would always be denied disability the first time.

I would definitely appeal.

Hugs,

Geneal

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sometimesdilly
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unless i m missing something- more likely than not:

to get SSDI, i think one must have to have paid into the system through payroll deductions for x amount of years. you said she has never worked?

the other federal disability program is need based, so whether or not she is in school should not be determinative..

dilly

Posts: 2505 | From lost in the maze | Registered: Aug 2006  |  IP: Logged | Report this post to a Moderator
johnlyme1
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I know of someone who is only 20 now, never really worked and did not finish high school. They got SSI on first run through the process.

quote:
Originally posted by sometimesdilly:
unless i m missing something- more likely than not:

to get SSDI, i think one must have to have paid into the system through payroll deductions for x amount of years. you said she has never worked?

the other federal disability program is need based, so whether or not she is in school should not be determinative..

dilly


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just don
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Hi Kelmo,
yes there is a way for not ever working people can qualify.

Connie and Betty are MUCH better sources of info than I.

yes a disability lawyer is very 'helpful'. there fee is a percentage,at least here,,so you cant lose.

We shouldnt HAVe to go that route but difficult cases as this one is taylor made for it!!

Ours advertise on TV constantly,,,get a referral of a GOOD one!! THEY come in all flavors too!! Range from 'best' to 'worse than nothing'!!

I heard some excellent wisdom here already,before me!! The deal on being full time with less hours for disabled is sure worth checking into!!

Hoping the best for you and your daughter,,it WILL work out,,,we just dont know how,,,today!!!IB--just don--

--------------------
just don

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bejoy
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In my state it is routine to be denied twice, regardless of illness or symptoms.

I don't know if other states are the same.

They are routinely waiting to see if the person is just malingering, and will give up waiting and go back to work after a period of several months or a year.

It's not personal to the individual case.

You just have to keep reapplying until she gets accepted or she gets better.

The process can sometimes move faster with an attourney.

It is unfair that people who need the help now can't get it now, but that is how the system works.

--------------------
bejoy!

"Do not go where the path may lead; go instead where there is no path and leave a trail." -Ralph Waldo Emerson

Posts: 1918 | From Alive and Well! | Registered: Feb 2007  |  IP: Logged | Report this post to a Moderator
bettyg
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read all of this ok! bettyg [Big Grin]

http://www.socialsecurity.gov/dibplan/dacpage.shtml

Adults Disabled Before Age 22
Disability Planner Home
How to Qualify
How to Apply
You're Approved
Other Factors
Family Benefits
Benefit Calculators
An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a ``child's'' benefit because it is paid on a parent's Social Security earnings record.

We make the disability decision using the disability rules for adults.

The ``adult child''--including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild--must be unmarried, age 18 or older, and have a disability that started before age 22.

Frequently Asked Questions
What if the adult child never worked?

It is not necessary that the adult child ever worked because benefits are paid on the parent's earnings record.

What if the adult child is currently working?

The adult child must not have substantial earnings. The amount of earnings we consider "substantial" increases each year. In 2007, this means working and earning more than $900 a month.

Certain expenses the adult child incurs in order to work may be excluded from these earnings. For more information about work and disability, refer to Working While Disabled--How We Can Help.

What if the adult child is already receiving SSI benefits?

An adult child already receiving SSI benefits should still check to see if benefits may be payable on a parent's earnings record. Higher benefits might be payable, and entitlement to Medicare may be possible.

What if the adult child is already receiving disability benefits on his or her own record?

An adult child already receiving disability benefits should still check to see if benefits may be payable on a parent's earnings record. It is possible for an individual disabled since childhood to attain insured status on his or her own record and be entitled to higher benefits on a parent's record.

What if the parent never worked?

No benefits would be payable on the record of a parent who never worked.

Can an application be completed online for disabled adult child's benefits?

At this time you cannot apply for child's benefits online. If you wish to file for benefits for a child or adult child, contact Social Security immediately at 1-800-772-1213 (TTY number 1-800-325-0778) so that you do not lose any potential benefits.

How do we decide if an adult ``child'' is disabled for SSDI benefits?
If a child is age 18 or older, we will evaluate his or her disability the same way we would evaluate the disability for any adult. We send the application to the Disability Determination Services in your state that completes the disability decision for us. For detailed information about how we evaluate disability for adults, see Disability Benefits (Publication No. 05-10029).

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Vermont_Lymie
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Kelmo,

Sending you a PM with an idea. Yes, definitely appeal!

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kelmo
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Wow, thanks a bunch, all of you, for the encouragement and advice.

You guys are AWESOME! [group hug]

Posts: 2903 | From AZ | Registered: Feb 2006  |  IP: Logged | Report this post to a Moderator
   

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