I know you are quite informed about Social Security Disability and I was just wondering if you might answer a question I have. My daughter who is age 44 has been diagnosed with mixed connective tissue diseae and osteo arthritis and fibromalgia (sp?). She applied for SS disability over two years ago and has an attorney that specializes in that sort of thing keeping her informed,etc. She recently was advised that she had a hearing before a judge on Feb. 19th. Is this just a formality or is this a strong indication that she may be eligible. She has not worked since she applied and is pretty disabled in my opinion. She lives on child support and food stamps and money I give her. What do you think?
Jayne, most people who are not approved on the second try, usually have to go the Attorney route, this is a formality. It is the step process for being approved. 85% percent of the people who have a hearing before an Administrative Law Judge are approved. Your daughter most likley will not be told the day of the hearing if approved or denied but her Attorney will have a good idea of the outcome. She will most likely still have to wait to get a formal declaration of approval by mail.
Jan, I worked at a financial institution in member services and yes, even with a POA, I had to go through the financial institutions attorney before I could tell them anything as he had to make sure the POAs were valid (we had to fax them and wait for a call) and he had read over what they said. Even then, we could add a spouse or relative to the account but not take it out of the main persons name. We would have issues where siblings would fight over their rights (in my office) compared to the POA person assigned. So, I know both sides of that now. When we went through the disability process I was automatically assigned also as they did not feel he was able to take care of his affairs- which was true. Later on, your spouse may not be able to sign their name, or to follow conversation so a POA is neccessary as soon as you can. Also while they can sign, be sure to have them sign with you and any siblings that you may want to be able to find out medical info "permission" . Otherwise due to the HIPAA laws, nothing can be discussed with you even concerning just paying the bill!!! I finally told one lady Hey if you want to get paid, I at least need to knowthe total bill or you will not get payment. Back to bank issues, this also applies to any loans that are in their name alone. We were not even allowed to tell someone else whether a payment was made or how much the amount of payment was! So if a daughter were coming to pay her mothers car loan, mothers in hospital, but daughter didnt have the book, we could not give her the amount due. Any paperwork you can get done ahead of time will save you TONS of aggravation after the fact!!
The hearing went WONDERFUL! Thanks for remembering and asking. I was not allowed to go in the hearing room, so I only know what my daughter remembered. It only lasted about 30 minutes. There was a Dr. present that had reviewed the medical records and another person that was a vocational something or another??? The Judge made a decision after informally speaking back and forth to my daughter and the medical Dr. He said he was going to "allow" for Disability Social Security and for back pay going back to a diagnosis over two years ago. Her lawyer or whatever he was told her she was definately approved and she would get a letter in about a week. He said it might be three months or so before she got the back pay and started getting the monthly check. She will get a check for herself and for her minor daughter. Needless to say, she was in tears by the time we processed the whole matter. She cried and cried. We were not expecting a decision today, as the lawyer had said they would not make a decision today, but they did. We considered it an answer to prayer!
Jayne, So very glad to hear your good news w/ your daughter's SS. I know she will be a little more comfortable as this is decided and over. It is so hard being so sick and battling funds. Lots of hugs to you and her, PAT
Just wanted to update you on our SS situation. After meeting with the woman at the SS office last month, she filed the claim right away. We received all of the paperwork from Orlando, and I will be on my way to the post office with it as soon as I finish writing this. (Certified, signature required, return receipt requested) I copied everything, and it is in my file.
We were assigned an adjudicator, and I have spoken with him, explaining that I had to help Sid fill out some of the paperwork.
I know it's a long process, but can you give an educated guess as to how long before we know anything? I am continually told that no matter what Sid's situation, they always deny the claim the first time.
Thanks for your input and help. We probably would not have filed if not for your information.
Joan, they don't always deny it the first time....we were approved the first time and it took about three months. We must have just been lucky. Good luck and don't get discouraged....my husband was still driving, could communicate and even dropped the paperwork off at the SS office all those many years ago, but because he couldn't do any sort of meaningful work, I suppose he was approved....that and about six inches worth of reports from various doctors.
Joang, It is as though you have started over with the application process. Just try in your mind to think that you have just now started since they had not filed your claim in the beginning. No, everyone does not get turned down on the first try. We were approved and a check was in our bank account before we even received the formal notice that Jim had been approved. It took all of 45 days from application to check in the bank.
Due to Sid's age, it is my educated guess that he will be approved on the first application, You have to remember his age will play a big part in this process. that being said, remember I am not an expert by any means, just going from knowledge that I have learned and personal experience.
When you get that big first check, just remember that most of it is taxable and nothing has been withheld. Try to make an estimated payment or increase the withholding on your other income. I did that and still had a hefty sum to pay last year.
Thanks to all of you for your comments as I see we are not the only ones to be denied SSD. My hubby was denied because they said he did not have enough credit to draw it. He worked for a school district the last 11 years and did not pay SS, but he paid SS for a good 30 years prior. We also were told by SS to file SSI. That was denied too. Why are government agencies so difficult. We will refile.
I read a book called "Medicaid secrets" by K. Gabrial Heiser and you can find the book by going to www.medicaidsecrets.com. I am 68 years old and have been retired since age 62 on early retirement. My wife (Candy) was diganosed with AD two years ago and she will go on medicare the first of next month. She has been drawing disability since diagnosed with AD two years ago. I went to see an attorney about my wife qualifying for medicaid. I made sure that I went to an 'Elder Care' attorney. If you go to the above site and read what is available, it may be a great help to you. Duane
Duane, Thank you for the Medicare secrets site. I'm sure I will find it useful. After speaking with a lawyer this week, I found out there's no way no DH can get SSDI because he had to have been disabled by 12/31/01 (5 years from the date he stopped paying SS). This again is because he started working for a school district that takes out for Teachers Retirement but not SS. This is really disappointing. He does however still qualify for drawing retirement from SS at age 62 (3-1/2 years away).
I will begin the Medicare filing as I understand, after disability is proven, there is a 24 month waiting before it kicks in.
Texasgirl, is there a State disability program in your State? Is there a special disability program for those persons who are but on the "Teacher's Retirement" system where you live?
Definately file for Medicare, but also contact whatever passes for an HR office for the place where he used to work. When I sold insurance (20+ years ago) it turned out that half of the nurses and bus driver's in that area were eligable for "Teacher's Retirement" and didn't know it because it tends to be called "Teacher's Retirement." I actually had a school district that needed to be educated that yes, the bus driver I was setting up in the system was, indeed, eligable even though he wasn't a teacher. And I told that secretary that SHE was eligable too.
If they pull them out of the Social Security system, they only get to do that if they have something else in its place. Generally that is a retirement system, but it might also include long term disability.
I know, one more place to call. One more thing to do. And you are tired and overwhelmed. ...[sigh]... Me too.
If anyone has any questions about Social Security, Disability, Medicaid, wills, and trusts, we had a very knowledgable reader, Jane, who answered everything correctly. In the "search" section, put in any one of these topics - "revocable trusts", "rapid decline", need opinion on wills"; click "topics", and then "search". She has provided a wealth of information.
Unfortunately, I have not heard from her since the end of April, when she sent me a lengthy e-mail. Since that time, all of my e-mails have been returned noting that her address is no longer in service. Jane, if you are reading this, please contact me.
Also, if you read through her posts under this "social security disability" topic, you will find a lot of information.
Texasgirl: You have a unique situation and I agree with Starling that you should contact the "Teachers Retirement" system for some kind of disability. I am also wondering if your DH is not working, why couldn't he qualify for Medicaid? Medicaid is different than medicare and it is a fallacy that you have to be destitute to qualify for it. At least, all the medical bills and drugs would be taken care of. Is he working or drawing wages of any kind? It is interesting to note that if a person goes to a tax attorney or financial planner to learn how to reduce their taxes it is called being smart and that you are showing good financial planning. If you go someplace to find out a way to save your assetts from being taken because of a devistating disease that we have been afflicted with, it is called "working the system". My wife will be on medicare the 1st of June but have found that she can also qualify for medicaid and will be dual eligible. I am not positive but I would think that your DH could qualify for medicaid and there would be no two year waiting period. Duane
Texas girl, Most likely the reason your husband was told that he did not have enough credits to draw disability is due to the fact that you have to have worked and paid in to the system 5 of the last 10 years before applying. the 11 years he worked and did not pay SS would have been within that time frame and he would not qualify. You can re-file to be sure but I don't think he will qualify because of the 10 year rule.
Texas girl, If I am reading your above post correctly, you say you will start the Medicare filing??? He cannot get the Medicare until age 65 unless he is approved for disability under Social Security. He cannot get Medicare just because he is disabled. He has to be approved as disabled under Social Security rules.
Be careful when you start to apply for Medicaid and make sure you have consulted with an Elder Law attorney so that you can save all the assets BEFORE applying. The rules are different if you apply for Medicaid and it is not being applied for under long term care Medicaid.
I also should have stated in order to make this more clear, the mere fact that he does not qualify for Social Security Disability also dis-qualifies him for Medicare until he turns 65.
Texasgirl Please pay particular attention to what Jane is telling you! She is very knowledgeable in this area and pay particular attention to what she is saying about an "Elder Law Attorney". You have to know how to arrange your finances before you apply for Medicaid and the attorney will show you how to do that. If you don't have all your ducks in a row you could be dis-qualified. Duane
Guess I failed to mention DH has already been approved for Teacher Retirement Disability. (It was a very simple process.) In a conversation with an attorney recently, he did reassure me there is no way around SS's rules on disability and DH just does not qualify. What a bummer. The lawyer did mention that I should start the Medicare filing but Medicaid did not come up. I will consider that too and before I file, will take the advise to making sure financials are protected.
texasgirl, Thats a new one on me, I was sure he would have to be 65 before you could get the Medicare Insurance, can't imagine why the Attorney told you to start filing now????? I don't think that is correct.
I know about the Medicare thing. I found out about it when I went to Washington DC. If you have a disability, and no other insurance, you can apply for Medicare. HOWEVER, here's the problem. If you are UNDER 65, there is a two-year waiting period to get on it. That was one of the Alzheimer's Association's main goals in DC - to lobby for an end to the 2-year waiting period. It has been waived for Lou Gherig's disease and I think one other (I'll have to look that up). When I spoke to Senator Martinez's legislative aide about this, he said that the waiting period is to root out fraud (illegal's and all that). Lou Gherig's (sp?) disease was waived because they realized that younger ( 30's and 40's) people get it in the prime of their working years when they lose their job AND their health insurance. No one bothered to include Alzheimer's because everyone figures it is an "old person" disease, and they are already on Medicare. The aide was quite surprised to hear about EOAD, and promised to make the Senator aware of it.
Except for one, Tony and I had separate appointments, but I know he lobbied hard to make them understand that Alzheimer patients NEED the 2-year waiting period waived.
joang, you are not getting this mixed up with having to have Social Security disability are you? I do know that you can get the Medicare after a two year wait when you are awarded Social Security disability, but just becuase you are disabled I do not think you can get it. You have to be disabled according to Social Security rules as I stated before. When people speak of being disabled and getting Medicare after a two year wait they are speaking of being disabled under Social Security, not just people who are disabled. It does not matter how old you are if you obtain disability under Social Security you CAN get the Medicare it is just when you are not disabled Under the Social Security Award that you cannot. I am almost positive that I am correct on this.
Most people think if you are disabled according to a Doctor or whatever that entitles you but it does not, it all revolves around the Disability award from Social Security Should not but it does.
I will check that out in my literature from DC. It's in a big packet of "talking points" we were given. If I can't find it, I'll check with our AD chapter CEO.
Good Joang, I will be waiting to hear. Be sure if you call the chapter, make sure they understand that you are questioning all disabled when they say 2 year wait or just people who have been deemed disabled under Social Security. For some reason when speaking of disabled the Goverment means that the person has been determined disabled under Social Security rules.
I am almost positive this will be what you find out as long as you phrase the question correctly.
YES! I finally found it. You were correct. This is the quote from the "Federal Legislative Priorities -2008" from the Alzheimer's Association:
"Phase out Medicare's two-year waiting period so individuals with Alzheimer's are eligible for Medicare immediately after they receive their determination of disability."
When a younger person (under 65, I think) is approved for Social Security Disability due to AD, they are subjected to a two-year waiting period before they can get onto Medicare. That 2-year wait is what the Alzheimer's Association is lobbying to get waived. It primarily affects those stricken with EOAD - when they are not able to work, they generally lose the health insurance that came along with the job.
Thanks Joang. I thought that was they way it is. That is why I could not understand why Sandie's Attorney told her to start filing for Medicare. I notice that she has not logged onto this site so I hope things are ok for her.
Oh, my gosh! We made out our wills, living wills, POA, etc. about 12 years ago. We took the whole thing to an estate attorney last year (the day DH was diagnosed with the real thing--AD). She said at that time that everything was A-Okay. Great shape, etc.
However, in talking with our financial advisor, he suggested I get an Elder Attorney. DH is past 82 and has been drawing monthly SS since early retirement at age 62 so from reading all of the above, I am assuming he is not entitled to any additional disability SS.
Does anyone know if he would be entitled to any further deduction on Income Tax? I have macular degeneration and while I am not legally blind (at this time) I have been curtailed quite a bit. Does that qualify for further deduction? Anyone know? I can tell right now this is going to get expensive and with the Cost of Living going up every day....well, you all know what I'm talking about.
I received the SSD form to complete on how the money was spent. It seems really vague, on the categories. I understand housing & food, however, do I group car payments, insurance, medication, clothing, etc. into Personal Items? After all those are taken care of there is nothing left to save, is this normal?
Kadee, when I had to fill those forms out I just put the figures in wherever seemed appropriate and then zeroed it out. I was never questioned in 10 years about any of the expenditures......
Kadee: Like Sandi, I just plugged the amounts into the categories that seemed appropriate, and zeroed everything out. I agree the categories are very vague----so I keep my checkbook register much more detailed. I filed the first one at the end of June 07. In January of '08, I got a phone call from social security and the lady said our report had been "flagged" because we spent too much on housing and food, and didn't save enough. She seemed particularly upset/confused because my daughter (still in high school) had saved almost all of her payments. I explained that of course my daughter lives with us so we don't make her pay her own housing, food, and that she was saving for college. When the lady started asking all these questions about how much our mortgage was, etc. I decided it was none of her business, so I started complaining that my DH's social security barely covered our A/C bills during the summer, particularly now that he was home all day, etc.----then she seemed to be satisfied and said she just had to call her quota of cases. The entire conversation was rather bizarre! Several people in my support group have gotten similar calls, but we all agreed that if you are firm in your answers, they seem satisfied! Good luck!! Texas Mom
hello everyone: My husband has been receiving social Security disability since June of 05. He was diagnosed with AD January of 05. I talked to social secirity over the phone, they sent me the information packet to be filled out, had a telephone interview and he also had to go thru neuro test by one of social Security's doctors. At the time he was 61 and he is now 65 this past October. He receives a retirement check also. I'm truly happy it went as quickly as it did because I had to leave my job to take care of him and we surely could not have survived on just the one check. We leave in Indiana. They say IN is one of the hardest states to get approved.
Blbbrown, I didn't have any problems applying for SSD for my husband either...gee, it just dawned on me that it was over 10 years ago....wow, time goes quickly. He was approved within three months of filing. My husband was 51 at the time....he collected his SSD and his private disability insurance for ten years until he died in March. It surely wasn't the retirement we had dreamed of, but it is what it is.....
My husband was approved the first time he applied, which he started receiving in October 2007. This was the first time I had to complete the form they send every year. I really don't know how they think you could save anything with the cost of living these days.
I was told by his Dr. to file for SSD at our first Psych appointment, in March 1988. I did--provided every stitch of history and info. He was processed and approved in 3 mos. and checks started in October for September.You have to live through it before you get that month's. They automatically sent his checks to me for him, as his Designated Payee. I've been doing those yearly reports for years. Since his check is so small it doesn't cover 1/2 the household expenses, let alone anything for his personal benefit, and I knew they'd question it if I had shown everything spent in one of their 2 categories, I percentaged it to a zero balance and nothing saved. Works fine, and if they ever did question it I have the records to prove more was spent in both categoreies than what I had to show.
When our daughter was receiving her support under his claim, I had to report for her too. I reasoned that since the money coming for her had to be spent on her needs I'd percentage hers too. I had been told strongly that her support was NOT to be saved for future expenses. The purpose of the support for a minor is to replace what that parent would be providing if he/she were working. There's nothing that says you can't save for college out of someone's paycheck and use the SS money for the living expense needs. Just depends on what pocket you're saving it out of.<lol>
I have read through this thread and didn't see the outcome of Joang's husband's disability claim. Did I miss something? I didn't apply to be my husband's Rep Payee because the money is electronically deposited into our account and I didn't want the hassle of filling out the form. Since I don't anticipate having a change of address or anything else to report, would there be any other reason to become his Rep Payee?
marilyninMD---If your account is in his name and your's, his checks may still be coming to you for him, electronically. Social Security often(nearly always as far as I can tell) designate a Payee for any recipient who falls into a category where they may not be capable of handling their own funds. Soc. Sec. isn't going to be responsible for deciding one person with "X category" disability can handle their own and another cannot. If you are getting communications addressed "To you, for him" you are the designated payee. If not, you may want them to set his account up that way so you don't have difficulty later, when he cannot sign, authorize, or handle his own affairs. Doing the form once a year is no biggie. Definitely no biggie, compared to what could happen when you need to do any updating because he can't do it himself.
It's a very long story, but yes, Sid did get disability. Due to the AD, he retired at 62 on the lower amount than he would have gotten if he retired at 65/10months. The disability was about $200 a month more than his age 62 social security. He is now 66, and had his designation switched to regular social security which is the same amount as the disability was.
The deposits only have his name--we just received the notice of the new benefit amount, and it's addressed directly to Steve. I guess since I have POA, if I want to make changes I can. But you are probably right, to be designated as payee would most likely be easier. However, he wouldn't like it if the correspondence showed "My name" for "His name". I think that's why I avoided the issue initially and will hold off for now. I'm not surprised that the interviewer omitted this issue--I worked for the agency for 32 years and there is a lot of inconsistency!
Joan,
Glad he did get approved and you got the extra $$$$$$$$$$.
Is there any real, or legal, reason to make the change to a payee name as long as the money is being automatically deposited in a joint account? At this point I've left it alone.
Starling I'm doing the same thing you are. I've even been endorsing my husband's very small pension check as POA. I was going to have it direct deposited to checking but decided not to rock the boat.
I read another thread on this website regarding this issue, and the spouses who aren't the rep payee say you can just use the SSA website to make changes. I think that's the easiest path--no yearly report to do, even if it is simple. I don't need one extra piece of paperwork!
When I petitioned for conservatorship of the person, I was told to continue using my POA and the joint account ... to not "rock the boat" as bluedaze says ... for as long as possible, but that sooner or later, SS would figure out my husband is incapacitated and I would then have to go through the Rep Payee designation to make things "official".
Re Marilyn's comment ... I needed to switch banks, which meant that I had to get the SS automatic deposit moved. There's a phone number to call for that, and it's fully automated and the switch will go through smoothly ... as long as you claim to be your spouse. (Since you answer the questions verbally, I did wonder if the system was designed to pick up on a female voice answering for a person with a man's name. No, it isn't.)
One little thing I have to ad to the above question about becoming payee rep. I would not stir that kettle until I had to. If you ever have to apply for Medicaid, you will not be allowed the amount they allow a spouse for income from the NH spouse Social Security, as payee rep you will be required to pay it all to the NH. Federal Law over rules any State law that allows the spouse any part of the income.