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Thread: Going to apply for disability

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  1. #1

    Going to apply for disability

    a friend was just diagnosed with MS. She works in a private small medical office as an assistant with no real perks.
    Should she go to an attorney to apply for disability?

    Is a small office required to hold your position by law?

    She's overwhelmed by Sandy and the paperwork of disability is we know a nightmare.

    Suggestions?
    Last edited by Liz321; 03-19-2013 at 02:38 PM.
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  2. #2
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    Most attorneys that I have known won't take a disability case until they have applied and been denied then appealed and been denied by SSA.

    Some want you to have applied twice and been denied before they will take the case.

    She can apply online but there is a risk of it not being received.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

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  3. #3
    Applying online is very effective, then it is followed by a phone interview and questions. After that typically over about 3 months you get questions by mail depending on the state that you fill out and either mail or fax back. But, yes typically an attorney or agency will not help until there has been a denial.
    Disclaimer: Answers, suggestions, and/or comments do not constitute medical advice expressed or implied. Please consult your attending physician for medical advise and treatment. In the event of a medical emergency please call 911.

  4. #4
    Senior Member ChesBay's Avatar
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    Agree with other two posts above.

    You mention your friend works in a small office. I am pretty sure just the fact that she is working at all will make her ineligible . ( messed up as it seems)

    From SSA site : "In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability. "
    http://www.ssa.gov/dibplan/dqualify.htm

    If the office is small, as in less than 15 employees, they are not required to provide reasonable accommodations under the ADA.
    http://www.eeoc.gov/facts/ada17.html

  5. #5
    A person can work and collect but you can only make a certain amount (not sure how much but it's low). The fact that she's working does work against her. I know people who have had to quit their jobs due to the disability they have and are still being denied. Part of this is due to the many false claims that are filed daily and then there's the budget.

    If and when she does file make sure she has doctors papers attesting to the disability. She'll need at least 2 years of detailed medical history. It has to be clearly written by a physician that the person can no longer work due to a disability. This is the reason many people are denied...their paperwork isn't up to par.

    I applied online and it was great. They call you for an interview after you've sent in all the paperwork required; it's a lot of paperwork. I would suggest she start now collecting and making a file specifically for filing the disability. Good luck.

  6. #6
    I THINK SGA (allowed income) is about just over $800 per month this year. But, as echoed above that is probably after about 12 months on SSDI. To be working and get approved for SSDI would be rare from what I have seen.
    Last edited by russianrob; 03-20-2013 at 07:52 AM. Reason: changed wording
    Disclaimer: Answers, suggestions, and/or comments do not constitute medical advice expressed or implied. Please consult your attending physician for medical advise and treatment. In the event of a medical emergency please call 911.

  7. #7
    If she was only just diagnosed with MS, then this will be a problem. This means she hasn't yet been tried on any treatments and followed by an MS neurologist for a significant period of time.

    Is her doctor telling her to apply for disability? Often the MS neurologist will also have a feeling based on previous patients and her specific situation what is typical.

    Honestly, I would be most worried about losing medical insurance right now.... certainly until Obamacare fully kicks in next year. She doesn't want to lose her health insurance by leaving her job.

  8. #8
    Quote Originally Posted by hlh View Post
    If she was only just diagnosed with MS, then this will be a problem. This means she hasn't yet been tried on any treatments and followed by an MS neurologist for a significant period of time.

    Is her doctor telling her to apply for disability? Often the MS neurologist will also have a feeling based on previous patients and her specific situation what is typical.
    I agree with this. People with MS have an especially difficult time getting SS approved as most have relapsing and remitting (RRMS) and may not be able to really well document that any residual deficits actually prevent them from working and are permanent. Most wait a number of years to get sufficient documentation of impairment to be able to successfully apply, and being denied the first time around with MS is more the norm than not.

    (KLD)

  9. #9
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    Quote Originally Posted by russianrob View Post
    I THINK SGA (allowed income) is about just over $800 per month this year. But, as echoed above that is probably after about 12 months on SSDI. To be working and get approved for SSDI would be rare from what I have seen.
    They changed this amount. For 2013, it is $1040.

    http://www.socialsecurity.gov/redboo...ty.htm#2=&a0=2
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

  10. #10
    Dr.'s determined she can no longer work.
    Get involved in politics as if your life depended on it, because it does. -- Justin Dart

    I shall not tolerate ignorance or hate speech on this site.

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