Applying for social security disabilty while on the road

[PeterPiper]

Don't do anything, ever, not even once, you wouldn't want to be caught at and have being promulgated as full proof of the way you do everything all the time.  TLDR: At bottom.

I used to work for a workers' compensation firm, plaintiff's side.  We would constantly get sent photos by defendant's side of our clients doing something that it might have taken every last ounce of their strength under heaven and hell to do ... but they did it.  

Played with your dog? Took out the trash? Carried a log from the shed into the house for your fireplace?  Sure, you could have been caught unaware, you could have been sweating blood, it could have been the only way you could afford to scrape a fallen branch off your roof or get your groceries into the house, or pick your child up when she came running up to, but, what the photos show is ...

...proof.  Or should I say "proof"?  Proof that you just do this stuff and it's okay.  There is no photographic proof that doing this makes you see stars in your eyes and get woozy.  It doesn't show that you're going to quadruple up on aspirin for tonight and go to bed at 7:30 cuz you are blasted now, or be in bed the next few days while your kids are left to fend for themselves because you only just remembered now that your knee is ruined and you can't use it, or that your back is like someone threw a grenade into your vertebra and all the king's horses and all the king's men couldn't put the humpty dumpty of you back together again. What's the difference between your doing this every two minutes or every two years or never unless under extreme pressure that will result in debilitating injury or pain?

All they see and that anyone will believe is that one day you picked up your kid when she came running up to you, love extended, and you just couldn't resist regardless of anything.  Or that you had to get your groceries into your house somehow.

Disability claims are for real, for now, and forever.  If you don't want to REALLY LIVE WITH the claim, watch out what you claim.  Because there are people paid to use very good lenses indeed, from places you would never suspect, to catch your every moment of courage or triumph over your disability.

TLDR: Don't do anything with your garage door open, and don't try to show yourself how courageous you are by trying extra hard despite your limitations.  You might also be showing something people will use to say you're full of crap.

This SO true.....

I simply spoke about disability over the phone with my wife about a month ago...didn't even apply......

Suddenly mysterious unknown vehicles start parking across the street ALL THE TIME and the occupants never leave the car.

The bastards are far worse than anyone can imagine.

 

[WanderingRose]

Hey guys bump

I was curious having a phone hearing at the end of the month and being told records are usually submitted just days before hearing instead of weeks before.Its a phone hearing with a tough judge

I find it difficult to have this amount of trust in an attorney

Like what if they don't submit it or forget.

Are there negative consequences to submitting them on your own without mentioning to the attorney?

Thank You

Have your attorney send you confirmation that your documents have been submitted.

It is a sad thing that one must know what people with lots of letters behind their names are supposed to do, but this is a fact.

Your attorney has an ethical obligation to do his job for you, but stay on your toes.

 

[Davsey85]

Hi wanderingrose

I was told the firms policy is to send it 14 days from the hearing which is give or take.5 days from now.

 

[Davsey85]

Make dang sure that you personally review the records that social security has. Lots and lots of people get turned down because half the stuff that’s supposed to be in there isn’t. Don’t trust the lawyer to do this for you.

Good point 

I was told people in the past have gotten dropped from the firm  for submitting their own records shortly prior to a hearing 

Just got an ssa notice that hearing is on the 28th of this month via phone and found out there is records recently not on file and fishing for them myself from the doctors.The rule is 14 days before hearing firm submits records 

Just trying to do the right thing

 

[WanderingRose]

You should review what your attorney will submit, and if there is anything in there you question receive adequate answers.

You have an attorney, and cannot act on your own without incurring his/her wrath.

 

[Davsey85]

Reviewing what he will submit

Request confirmation by email or by phone ?

Thanks

 

[Davsey85]

You should review what your attorney will submit, and if there is anything in there you question receive adequate




You have an attorney, and cannot act on your own without incurring his/her wrath.

What to do if I can't get the attorney to document what will be submitted by email?

Thank You

 

[WanderingRose]

You should receive a copy of filings, which are probably done electronically.

I would request this via email, and they can send you the filing back or mail it to your home address.

 

[MrsBackRoads]

Update?? How did your teleconference go? We’re you approved?

 

[crofter]

[quote pid='513844' dateline='1606087068']
.....Hiring the (Blood-sucking) attorney and having the correctly coded affidavit from the Doctor insured immediate result$ minus attorney fee.....$6,000 max set by the State
[/quote]
There are attorneys who specialize in these claims from social security. Staying in contact with your lawyer & doctors is a key part of moving your claim along. Anyone who has a claim should be using a lawyer. The claims process does not work for those without a lawyer.

Beware of working. The court can use your employment as proof that you are "healed." After that you will have to start over on your claim.

Usually two conditions are needed to get your case through, and most people do have more than one. A common co-occurring condition in those who have experienced trauma is PTSD.

I did not have a successful case. About 5 years after my injury I was hired at a job that made more money than the job where I was injured. So in the law's eyes, making more money = being healed. They do not take into consideration pain and other difficulties.
-crofter

 

[Markw]

In my case:

  I applied in June 2019, got denied.  After the first denial I got an attorney that specializes in SSDI (it's literally all they do) for appeals.

  First and 2nd appeals got denied, then got a hearing.  All this took two years.

  Had my hearing last month and got approved (though I ended up having to agree to change the 'onset date' to my 55th birthday...which was this last April...so the back-pay went bye bye).

  During the whole process my attorney kept in touch, didn't sugar coat anything and we even had a video conference before the hearing to go over how the hearing was going to happen.

  Reading some of the replies here I realize how lucky I was with my attorney so I thought I would outline how my case went to show that it can go well.

  A few things to know (your mileage may vary, consult your attorney):

  - SSDI back pay has a 5 month waiting period, so your back-pay (if you get it) will be from the first application date minus 5 months.

  - SSI doesn't have the waiting period, but is lower than SSDI.  I did get a bit of back-pay from SSI, but SSI payments will cut off once SSDI payments start due to limits on income for SSI. In my case I will be getting SSI payments until SSDI payments start...so it's in your best interest to consult your attorney about applying for both SSI and SSDI.

  - The process takes time...a LOT of time (mostly waiting for Social Security to do things) and involves quite a bit of filling out paperwork.  Be prepared to give details of your work for the last 15 years...VERY detailed (how long sitting, squatting, lifting, walking etc).

- Be prepared to do a lot of waiting.  The wheels of government turn very slowly.  In my case I was informed in...I think it was March that my hearing was in August...there will be a lot of waiting involved.

  Again, this is my experience and your case may be different.

  Staying in a homeless shelter (as I have been during this entire process...and my case manager here has been GREAT during this) has helped since I didn't have to worry about working...again your case may be different.  It has, however, put me in touch with others that have either been through the process or are going through it.

  One thing I can tell you is that in nearly -every- case the first application was denied...so expect that and don't let it discourage you.  I have also learned that once you get that first denial it's best to get an attorney that specializes in soc sec disability cases, they know the process backwards and forwards.

  However, look for an attorney that takes no more than 25% of your back-pay and has an 'only pay if you win' policy.

  See you all out there once I get out there!

 

[Markw]

I should learn to look at dates....

 

[bullfrog !]

^^^Still some useful information for those that are just now looking!

 

[user 22017]

Staying in a homeless shelter (as I have been during this entire process...and my case manager here has been GREAT during this) has helped since I didn't have to worry about working...again your case may be different.

Excellent point. If you work while waiting, you will not get the back payments. It happened to me. Even though I struggled physically doing the job and I was only there one year. I had a mortgage and got scared. But, I lost any chance at back payments, because I took that full time job.

Edit: think I lost out on 3-4 years of back payments. Was denied twice, then got a lawyer who did nothing, but got a percentage anyway. My disability assistance started after I got approved.

 

[Markw]

Excellent point. If you work while waiting, you will not get the back payments. It happened to me. Even though I struggled physically doing the job and I was only there one year. I had a mortgage and got scared. But, I lost any chance at back payments, because I took that full time job.

Edit: think I lost out on 3-4 years of back payments. Was denied twice, then got a lawyer who did nothing, but got a percentage anyway. My disability assistance started after I got approved.

I lost out on any SSDI back payment because the judge made the condition that the start date be changed to my b-day of that year.

As for the law firm, the one I used was awesome. They always kept in touch and explained everything along the way. In fact I may not have even gotten SSDI if the lawyer I had hadn't gone to bat for me at the hearing. They got the 25% from the SSI backpay (which was MUCH smaller than the SSDI backpay would have been) but didn't even ask for more than that even though they had worked on my case for about a year.

By the way, if you are a nomad working on getting SSDI and decide to use a homeless shelter I recommend doing so in Tulsa, Ok. If there is one thing Tulsa does well is take care of homeless people. Plenty of opportunity for free meals and the Snap benefits process is extremely easy. Almost everything you will need is usually within walking distance of the shelter (DHS office, a small Dollar General etc.). They also have a pretty decent bus system should you need it.

Although I haven't been there in over a year so things may have changed, I personally stayed at the Salvation Army shelter. Pretty large shelter that has separate dorms for men and women plus separate rooms where the families stay. There is also a connected building that has basic apartments for families in their program. If you are single I recommend their Project Able program. It allows you to stay in the shelter 24/7 (normally you have to leave in the morning and come back close to check-in time), has different meals from the normal shelter meals and better beds.

If you opt to not go into the program, the Day Center is literally right next door where you can hang out during the day to get out of the weather and such. Next door to that is the Iron Gate which serves breakfast seven days a week. Salvation Army serves lunch and dinner seven days a week and often people will randomly show up and hand out sack lunches and such.

I have been known to often say when I was there that if you starve in downtown Tulsa, it's your fault because one thing they do is feed you. There is also a Family and Children's office right there in the same building as the Salvation Army as well as a free clinic.

 

[user 22017]

I lost out on any SSDI back payment because the judge made the condition that the start date be changed to my b-day of that year.

As for the law firm, the one I used was awesome. They always kept in touch and explained everything along the way. In fact I may not have even gotten SSDI if the lawyer I had hadn't gone to bat for me at the hearing. They got the 25% from the SSI backpay (which was MUCH smaller than the SSDI backpay would have been) but didn't even ask for more than that even though they had worked on my case for about a year.

This guy had my case for a month, lol. Never even appeared in court. He had the wrong date. So did I. Judge approved it based on my medical records.

 

[Markw]

This guy had my case for a month, lol. Never even appeared in court. He had the wrong date. So did I. Judge approved it based on my medical records.

Ouch...

 

[user 22017]

Ouch...

It did hurt. Frustrating.