diabetes I Don't Qualify For Ssi

[reddog]

I applied or SSI or tried to apply but was turned down because I haven't worked in over 12 years. Now that I'm 62. I applied retirement, Social Security, but I also have a claim for unemployability with the VA. I am 70% PTSD, 20% diabetes, 10% in each leg for neuropathy and 10% for tendinitis, which makes a total off 80%. When I applied for Social Security retirement. The man stated that I said the reason I didn't apply for SSI that I was not disabled. Have been trying to contact the Social Security office to see if this can be changed. I hope that this does not affect my application for disability with the VA.. Any thoughts on this would be helpful.

My claim has been in sence March 30, 2010. They deferred the decision on individual unemployability claim is in the decision phase now was hoping to hear something before Christmas times are tough and hard here. Merry Christmas to all and a happy new year and good luck to everyone that is waiting a claim.

[reddog]

I agree. You certainly have the right to apply for benefits before a decision is made in regard to whether or not you are entitled to them. Sometimes they try to short cut it and tell you that you can't apply because you are not entitled. The decision as to whether you are entitled should come after you apply for benefits; not before.

In my husband's case, he was told he could not apply because he was no longer insured. His last date insured was December 2005 and he was applying in (I think it was) May 2006. But the question was not whether he was insured the day he applied. The question was whether his disability started while he was still insured. We talked them into letting him apply to see if he could be considered disabled back in December 2005 (when he stopped working) or August 2005 (when his his income dropped below substantial gainful). They processed his claim and he was approved 3 weeks later. (That was kind of fast, but they processed it as a "TERI" claim due to his terminal illness.)

I am certainly glad we didn't just listen to them and not even try to apply because they told us it was too late to apply.

In my case, I had to fight to apply. I was trying to apply for Mother's benefits after my husband's death. They kept telling me I could not apply because I was not eligible. They tried to tell me that an adult child has to be physically disabled to be considered to be "in your care," and that Mother's benefits are not applicable if the adult child has a mental disability, rather than a physical one. This is not in compliance with the law. Mothers who have mentally disabled adult children in their care are very much entitled to Mother's Benefits. But I couldn't seem to convince them of that. (And yes, they tried to say I didn't try to apply for Mother's Benefits).

When I received my Lump Sum Death Benefit award letter - which stated I was not entitled to any other benefit - I appealed that - and stated I wanted to be provided with the opportunity to apply for Mother's Benefits before a decision was made as to whether or not I was entitled to them. They allowed me to apply, and I was eventually awarded benefits. It took a long time because they seemed to be dead set on not granting me the benefits, despite the fact I was eligible for them. (Thank God for the ALJ and the Appeals Council!!!!)

Once again, I am glad I didn't just listen to them and not even try to apply.

So my point is - You should apply for any and all benefits to which you think you might be entitled. The decision as to whether or not you are entitled should not be made until you have actually filled out an application, had your claim developed, and been afforded full protection of the law - including the right to appeal adverse decisions made on your claim.

first of all I would like to thank everyone for their help and advice. Today I applied for Social Security disability. I already applied for retirement, Social Security should receive first check in

in March. I'll keep you posted on my status, and also keep you posted on my VA status. This March will be two years waiting for my claim decision. Hope to hear something soon. We'll keep you up-to-date and again thanks for all your help.

[Notorious Kelly]

Hang in there, reddog.

I hope you get some great news soon!