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Posted by Foggy (Member # 1584) on :
 
1. Does anyone know if there is a statute of limitations as to when you must file, from when you were actually disabled?

Does this statute effect the number of years you worked and age eligibility? For example, you were disabled at 27, but didn't file until age 30? Each age has a separate number of work years eligablity requirements.

2. Is it safe and effective to file online if you're too out of it to go to the SS office for an appointment?


 


Posted by duramater (Member # 6480) on :
 
quote:
Originally posted by Foggy:

1. Does anyone know if there is a statute of limitations as to when you must file, from when you were actually disabled?

I do not believe there is a "statute of limitations" for when you can apply although they do encourage you to "apply as soon as you become disabled." What I do know is that if you became disabled, for example, 3 years ago, you can only get back benefits to one year before your application (not the full three years in this case).

Does this statute effect the number of years you worked and age eligibility? For example, you were disabled at 27, but didn't file until age 30? Each age has a separate number of work years eligablity requirements.

I don't know the precise answer to this although when I applied at age 35ish, I had several years between 16-35 when I was in school (college, grad school, etc) and I still had enough credits/work years/whatever. I think it primarily affects the AMOUNT you receive more than anything.

2. Is it safe and effective to file online if you're too out of it to go to the SS office for an appointment?

This wasn't an option when I applied so I've got no experience to offer. However, I've NEVER been to an office. I did everything by mail at the time I applied and since then, whenever I've had questions I've either used the internet (like today to get a benefits letter) or called my local office.

Best of luck with your application. Be sure to be SPECIFIC as possible in HOW you are disabled and get graphic, detailed letters from your physicians as well. I've heard there is a yahoo group that deals with disability issues and may be able to answer your questions more precisely. Again, this wasn't available (or I didn't know about it) when applied, so I've got no personal experience with that particular resource.

Hope this helps some,
DM.

[This message has been edited by duramater (edited 20 December 2004).]
 


Posted by minoucat (Member # 5175) on :
 
For your first question -- I don't know, but I've listed some great information resources below that I used for my filing -- except for the Yahoo group, which I just found out about, but which seems to be a good place to ask questions.

As for your second -- I wasted 2 hours filing online, then the system crashed and I could neither submit nor edit my info. I ended up calling the 800 number and filing online, then completing the paperwork at home and mailing it in. It was pretty easy. I think I have to go in at some point to prove my identity, though.

Good luck with this; and if you can have a friend or family member help you, do. You really do need to be very specific about the FUNCTIONAL disabilities you have -- the diagnosis doesn't count for so much, it seems. Supporting documentation from employers and so on seems to help a lot, too.

SSI informational chat group -- has attorneys etc. who are knowledgable. http://groups.yahoo.com/group/Disinissues/


Disability Info & Resources http://www.anapsid.org/cnd/disability

Completing Disability Forms http://www.anapsid.org/cnd/disability/completeforms.html

Five Crucial Steps to Winning your CFS Disability Case http://www.anapsid.org/cnd/disability/winningssa.html


Trying to Look Good When You Feel Like Crap: Don't http://www.anapsid.org/cnd/disability/dos.html


Daily Activities Worksheet (PDF) http://www.anapsid.org/cnd/files/adlworksheet.pdf


SF-36 Functional Capacity (PDF) http://www.anapsid.org/cnd/files/sf36.pdf


Disability Secrets http://www.disabilitysecrets.com/

Lymeinfo Files http://www.lymeinfo.net/lymefiles.html
Lots of medical referrences on symptoms, seronegativity, and persistence.

CALDA http://www.calda.intranets.com/
You can enter this website as a guest. Under Public Documents there are form letters for insurance appeals. There may not be one specific to your situation, but you may pick up some pointers.


 


Posted by caat (Member # 2321) on :
 
if you are denied, appeal it ASAP. Many people get denied the first time no matter how sick they are.

A lawyer who *specializes in ssi* can be a great help after the first denial. you don't have to pay them untill you win, then they take a percentage of the back award.
 


Posted by Foggy (Member # 1584) on :
 
Thanks for your help Mino, Cat, and Dura.

There was a $2k limit stated for SSI, but nothing listed SSDI.

If one gets denied for SSDI, and has assets exceeding $2k, will they be denied for SSI as well? Are you required to show them bank and other statements?


[This message has been edited by Foggy (edited 20 December 2004).]
 


Posted by minoucat (Member # 5175) on :
 
Foggy -- I forgot to list this page, which has tons of info about getting SSDI, and also lists the Nolo Press guide to disability. Nolo puts out good stuff on legal issues for the layman.

Met Life Disability Info
 


Posted by duramater (Member # 6480) on :
 
SSDI is just like retirement SS in that there are no asset limits. The amount you receive is related to the amount you put into the system.

If the total of your SSDI/SS and any other monthly income is low (I think its less than $580ish) AND your assets are less than $2000, you qualify for SSI. SSI is a set amount minus certain incomes and IS NOT based on anything you put into the system.

Generally, the guidelines to qualify for SSI are the same as those to qualify for state-based Medicaid and food stamps.

To obtain SSI you do have to show tax forms, bank statements, etc. to demonstrate your assets (or lack thereof). They do not count your car (if needed to get to medical appointments - duh!), your house, the stuff in your house, and like any wedding rings, but everything else is fair game.

If you have access to the internet, in addition to the awesome resources posted by Minoucat (did I spell that right?), do check out the social security website because they have a lot of FAQs that answer basic questions on both SSDI and SSI.

Hope this helps some,
DM.
 


Posted by Foggy (Member # 1584) on :
 
Yes, very helpful, thanks DM. I paid into the system and that's what I paid for. I was unable to find the answers on their confusing site. Possibly my fog contributed to that confusion.
 
Posted by bg (Member # 46416) on :
 
Be sure if you hire a SSDI speciality lawyer to ask if they can represent you in FEDERAL COURT!

I didn't. Phoenix' SSDI lawyer, Scott Davis, never told me that when I hired him 4 years ago and quit me when I got my lyme dx.

Yes, go to the disinissues site...marvelous file/web site info!

Print out the copy of the woman dr's SSDI app she provided around 20 pages of info. You'll get an idea on what to state in there for Your situation of what you can do/not do of their 8 things to work!

Be sure to read everything now BEFORE filing so you can have the best SSDI app that is thorough and detailed w/SUPPORTIVE drs. reports.

Now is the time to BUY a copy of your drs. reports! Attach a COPY of all to your SSDI. SSDI only asks for 6-12 months of files. I put on 15 years but should have gone back further.

Be determined to NOT GIVE UP; they want you to and do everything possible to wear you down including 7 am and 8 am phone calls!!
Best wishes. Betty G.

I've been in this 4 yrs. 4 months and my 2 claims are NOW being reviewed by Virginia's appeals council....must be there 2.5 yrs. BEFORE they are looked at.
 


Posted by riversinger (Member # 4851) on :
 
Foggy, there is a limitation on when you can file, in that you have to have worked a certain number of quarters in the recent past to qualify. I can't remember the time frame, but check it out. I almost lost the opportunity to file because I kept waiting, thinking I would go back to work.

I did get accepted as disabled going back to 1999, but only got back pay from one year back from the date I initiated the application.

You can do it over the phone, and they will send you a transcript to sign. Get the process started, because your pay starts from the date you first make contact. Make sure you get a letter with that date specified!

Once you get the ball rolling, you can take time to learn and assemble records. It took me several months to complete the application.

I really recommend the resources that Minoucat has listed on Melissa Kaplan's website. Melissa is a friend of mine, and helped me through the process.

And I got approved on my first go round! I deluged them with details of exactly all the ways that I couldn't function. I recommend that you use any other diagnosis that you have, in addition to Lyme. It's not the diagnosis that is important, it's the accumulation of disabilities.

So I listed Chronic Lyme, but also IBS, CFS, FMS, Hashimoto's Thyroid, thoracic outlet syndrome, all those diagnosis you collect on the way. Here is a place they are useful.

If you have had, or can get, a neuropsychiatric evaluation with someone who understand neurological illnesses, it is very helpful. My osteopath said it is often easier to get approved with psychiatric dx's, which includes depression.

My doctor was shocked at my neuropsych eval, because it showed all the cognitive problems that I am good at hiding.

Good luck. Persist. Document everything.

------------------
Sonoma County Lyme Support
[email protected]
 




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