Disability through social security (Rant)

[Jaybird]

Hello all,

I have been working with social security to get disability and its causing me headaches.
Currently I have VA disability because I developed renal failure while on active duty. This is getting me by and making life tolerable. But, There are other things and extra money could solve alot of problems.

I got out of the military due to Stage V renal failure in January 2005, and got a fistula placed in Febuary 2005. I had another job out of the military, but the hours and work got me very tired and I decided to quit because i couldnt do the hours. That was in 04/30/2005. That is when I told Social security my disability began. But i didnt submit my papers until july 2006. Anyway, last month I started dialysis on 9/18/2006. However my doctors have been telling me that I should have started it in early 2005. I voluntarily stayed off it. My scores were bad, but I was feeling sub-par but not horrible. I was scared of dialysis thats why I didnt do it. Anyway, I started dialysis on 9/18/06 and submitted that paper work to social security also for medicare help. Well, I just got a paper in the mail today from social security saying they APPROVED my CLAIM! 

But the bad news is they were WAITING for me to start dialysis before they considered me disabled. SO, I will not get any money for 6 months after I submitted my claim, and I wont get any backpay. I was expecting at least to get paid when the claim got approved.

The thing I don't get is that, I chose not to have dialysis until last month, and thats why I am not recieving pay either. I don't understand how they can withold pay because I CHOSE to wait. I felt shitty, but I waited because I was scared, not because I wasnt feeling bad. I'm affraid to tell them I feel better now that I started dialysis, because then they will come up with something else...

I didnt want to use a lawyer in this, because they take a percentage of your backpay. But, now I feel that I have too if I want any real compensation. I just submitted my case and I'll see what a lawyer can do for me.

-Jaybird

[Sluff]

Hey Jaybird I checked into Social Security also and got the same information.

[BigSky]

Once social security determines if you are disabled they only backdate the disability to the day the application was filed. 

They used to  also back pay to the date the application was filed but new rules set forth make it so there is a 5 month waiting period before they actually start paying people now.  Was done to weed out short term disabilities they say.  Medicare should  start in after 3 months however because it is ESRD. 

Of course this little gem that most of the dems pulled on the US citizens might get your dander up.

Senators who voted to give illegal aliens Social Security benefits.

http://www.apatheticvoter.com/SenatorsSocialSecurityBenefits.htm

[Jaybird]

Yeah, that pisses me off too! My wife had to go through hell to get her green card. She's from Japan and if I did anything illegal she would be deported and I would loose any benefits I got for her. EVERYONE should have to go through the same crap... OR no one should. Its all or nothing here. I don't understand how the government can have so many double standards.

-Jaybird

[ralph]

my medicare didn't start for 6 months however I was entitled to state medicade for all medical ,they paid everything that blue cross didn't pay. American Kidney Fund paid my Blue Cross premiums. I did have to meet income guidelines for the medicade and the AKF for me it wasn't a problem my disability was only $950.00 at the time.   Carole

[Black]

Social Security has exact criteria for qualifying for disability due to ESRD and it's not just dialysis.  Check your medical file and see if you meet the criteria.  If you do, it is a done deal.

My husband quit work 10/05.  He applied for Soc Sec disability the end of January, 06.  He submitted his paperwork and had his formal interview in Feb, and received his first check in March.  If your medical files are complete and you meet the criteria, it can be done quickly and easily.  (Well, that is unless you're dealing with an idot who does not know about the following.)

From the Soc Sec disability website: ...

6.02 Impairment of renal function, due to any chronic renal disease that has lasted or can be expected to last for a continuous period of at least 12 months. With:

A.Chronic hemodialysis or peritoneal dialysis (see 6.00E1).

OR

B. Kidney transplantation. Consider under a disability for 12 months following surgery; thereafter, evaluate the residual impairment (see 6.00E2).

OR

C. Persistent elevation of serum creatinine to 4 mg per deciliter (dL) (100 ml) or greater or reduction of creatinine clearance to 20 ml per minute or less, over at least 3 months, with one of the following:

1. Renal osteodystrophy (see 6.00E3) manifested by severe bone pain and appropriate medically acceptable imaging demonstrating abnormalities such as osteitis fibrosa, significant osteoporosis, osteomalacia, or pathologic fractures; or

2. Persistent motor or sensory neuropathy (see 6.00E4); or

3. Persistent fluid overload syndrome with:

a. Diastolic hypertension greater than or equal to diastolic blood pressure of 110 mm Hg; or

b. Persistent signs of vascular congestion despite prescribed therapy (see 6.00B5); or

4. Persistent anorexia with recent weight loss and current weight meeting the values in 5.08, table III or IV.

6.06 Nephrotic syndrome, with anasarca, persisting for at least 3 months despite prescribed therapy (see 6.00E5).
With:

A. Serum albumin of 3.0 g per dL (100 ml) or less and proteinuria of 3.5 g or greater per 24 hours.

OR

B.Proteinuria of 10.0 g or greater per 24 hours.

http://www.ssa.gov/disability/professionals/bluebook/6.00-Genito-Urinary-Adult.htm

[Sara]

Lorelle, so the way I read that, if you are on dialysis, you get disability...automatically, right?

[Black]

Lorelle, so the way I read that, if you are on dialysis, you get disability...automatically, right?

Appears that way to me.

[Rerun]

Social Security Disability is not automatic like Medicare.  You have to apply for both; yes.  But, Social Security can and will disapprove you and you have to go through the appeal process.

If you tell them you are working full-time but missing days because you don't feel well, they will disapprove you.  If you can work then you aren't disabled.  You have to quit work and then apply.  Once you are approved you can work but there are restrictions.

From the Social Security Website:
We have special rules called "work incentives" that help you keep your cash benefits and Medicare while you test your ability to work. For example, there is a trial work period during which you can receive full benefits regardless of how much you earn, as long as you report your work activity and continue to have a disabling impairment.

The trial work period continues until you accumulate nine months (not necessarily consecutive) in which you perform what we call  "services" within a rolling 60-month period. We consider your work to be "services" if you earn more than $640 a month in 2007.  For 2006, this amount was $620.  After the trial work period ends, your benefits will stop for months your earnings are at a level we consider "substantial," currently $900 in 2007. For 2006, this amount was $860.  Different amounts apply to people who are disabled because of blindness.

For an additional 36 months after completing the trial work period, we can start your benefits again if your earnings fall below the "substantial" level and you continue to have a disabling impairment. For more information about work incentives, we recommend that you read the leaflet,

[Sara]

So you quit your job (or go on employer disability), then apply for Social Security disability, how long does it typicallly take to be approved? 

[BigSky]

Social Security Disability is not automatic like Medicare.  You have to apply for both; yes.  But, Social Security can and will disapprove you and you have to go through the appeal process.

Yep.  Social Security is good for automatically denying everyone the first time they apply for social security no matter what the condition happens to be.

[Rerun]

So you quit your job (or go on employer disability), then apply for Social Security disability, how long does it typicallly take to be approved? 

It depends on how many times they lose your application, lose you letters and lose your phone number??  Good Luck.

[Sara]

It depends on how many times they lose your application, lose you letters and lose your phone number??  Good Luck.

LOL, great.   

[Jaybird]

according to that, I qualified for SSDI 2 years ago! I had a creatnine level of 16 for a long time and I have renal osteodystrophy too. and a few other problems to boot! Also high blood pressure..

I must be dealing with Dumb asses.

In the end this is going to cost me lots of time and stress.

I hope its worth it.

-Jaybird

Also, if you are on dialysis, you qualify medically for social security. You also have to have WORKED in the past and got enough credits also. But if you worked enough, then you do qualify for disability if you are on dialyis and you are not currently working.

[glitter]

My husband applied for disability May 5,2006-he got his first check August 1,2006-it was actually easy-I did his interview,because he couldn't stop throwing up long enough to do it (on the phone),and the lady told me now that everything is electronic it is much easier and faster than before.they did say he had to be disabled for 6 months first-but they counted the time since his accident in Jan.-not the actual time he was on dialysis.which was kinda crazy because he had a fully functioning kidney until April 13,2006,and even though he got hurt in that accident-it was recoverable.I guess we just lucked out with a really nice lady-she was incredibly compassionate to me.(which i surely did not expect)