Acquiring SSDI at 38

[Hucast21]

Hi Hadit members!

I have a question for folks who have SSDI: how hard is it to get? I have read information about SSDI stating it is harder to get vs VA disability, especially if the person applying for it is under 40.

Any feedback will be greatly appreciated.

 

 

[deedub75]

20 minutes ago, pacmanx1 said:

IMHO, you might want to go with one of the bigger law firms, you see their commercials on all the time.  They have lawyer partners all over the states that can do a face to face and go with you to your hearing and they are pro-bono.  You may have to shop around. If one attorney says no, you don't have a case, try to get the opinion of another attorney. They also have vocational rehabilitation specialist that they work with.

I did call a smaller local firm today and I was able to speak to an attorney.  He had me read some of my denial letter to him and I gave him some of the details of my health issues.  He said they would take the case.  

I'll call one of the bigger TV commercial firms tomorrow.  

They charge 25% of any backpay you may receive up to a max of $6,000.  

[pacmanx1]

That sounds about right.  It is ashamed that a person has to hire a lawyer to fight SSA to get his/her own benefits.  It also sounds like a hidden secret that SSA and certain law firms are in cahoots to collect/swindle some of your benefits.  Well the old saying is, it is better to get 75-80% of something than getting 0% of something.

[john999]

IMO it is just a given that you usually have to hire a lawyer to win a SSDI case.  I was lucky with mine since my doctor had written many SSDI letters and knew just what to say and how to say it.

[Bmanmax]

At 35 years old I applied for SSDI I was IU 100%P&T due to combined disabilities. I did not have doctor saying I could not work because I had all my health care from the VA. The VA doctors I had could not say I was unable to work due to my disabilities because the VA has a system to determine your ability to work under the IU statute. Having no letters from a doctor I was unable to obtain a lawyer to help me.

When I applied for the SSDI I applied as being too disabled to work due to my combined disabilities. SSA denied my claim because they was evaluating each disability separately and they did not take into account the total of all my disabilities being on one individual. The next step I could have asked for a review. I asked them if they would do anything differently from the first one and they told me no so I decided to skip that step.

Next I appealed my claim for a hearing with a judge. The way I figured it if the judge tells me I can work then I would ask him to give me a job but it did not get that far. In the hearing the judge asked me if I had an attorney and I told him no. Then he asked me if I wanted one and he told me I should get one so I thought about it for a few minutes. I asked him if I had another appeal after this one and he told me yes. I told him I waited 3 years for this hearing and I believe my combined disabilities should make my case without one. 

He asked me about my medications (7), so I started with the one that had the worst side effects. I explained what it was like without the medication and then I started telling him about the side effects. I explained what the side effects are and how they are better than the alterative. Before I got halfway through the side effects of my first medication when he stopped me saying I heard enough and my claim was approved. In his finding he bashed the SSA for not considering my combined disabilities that range from physical to mental as being on one individual.  

Because I could not get a VA doctor to write a letter saying I could not work so I was prepared to argue that my health care provider is responsible for all my care is the VA and they said I could not work by giving me IU 100%P&T due to combined disabilities should be considered a medical record. I was told they do not consider VA disability ratings when making their decisions so I cannot include it in my appeal. I added this argument to as part of my request for the hearing anyway and told them the judge can ignore it if he wants to. I do not know if the judge took my argument into account because we did not get that far but I am sure it did not hurt my case.

If you truly believe your combined disabilities, both service connected and non service connected make it impossible for you to work I encourage you to file a claim and appeal it until you see a judge because if you continue to refile you lose the back pay.

I hope this helps you.

[pacmanx1]

Congratulations!

That is just one of the great things about this site. Even though we are all on the same road there is many roads and avenues that could help us and other get to our/their destination. When filling out the paperwork for SSDI, we should include the side effects of any medication that cause problems and or inconveniences of holding down full-time work. If your medication makes your sleepy, drowsy or has a label on it that states that you should be careful operating machinery or driving, this could help also. Just about anything that suggest that your focus would be adjusted could help your SSA claim even if you may have to lay down after taking your medication.