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    #16
    Originally posted by cass
    hi melanie,

    i question condition 1. in my ssdi award letter it made no reference to how long my dis is expected to last. it said i am determined to be permanently disabled due to the fact i cannot work in my current occupation (the letter's exact wording for current occupation escapes me but i will find it).

    the letter specifically said i was eligible for ssdi after 5 months of not working due to a dis. it said absolutely nothing about expected duration of dis. could you please cite a source? tyvm.

    the Red Book is cited in the sticky on this topic. i do suggest everybody read it and it is available online.

    http://www.socialsecurity.gov/redbook/
    I used to have a book that was the manual for Disability Determination Service (actually separate agency from Social Security) and for SCI the only criteria cited were; diagnosis of chair dependent SCI per a physician and not currently working. It was my understanding that if these 2 criteria were met, you were eligible. I assume they assumed if you had SCI you were not going to recover from it (without a medical breakthrough) in any specified operiod of time. You are told at the time of eligibility that it is your responsibility to repoprt to SSA if you go to work or you experience medical improvement with your disability.

    Comment


      #17
      I also question #2 You have to be not working AT ALL to apply. If you work during that 5 - 6 month period you are ineligible.
      If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


      Sometimes it is easier to widen doors than it is to open minds.

      Comment


        #18
        Hi Cass. It is good to question everything, especially anything posted online. I can appreciate that. If you are receiving SSDI (Social Security Disability Insurance) as a disabled worker, you would have had to prove at the time that you applied that you had a medical condition expected to last a year or result in death to meet the medical eligibility.

        The following is from SSA's Red Book, the handbook for disability, SSA, and employment.
        How Do We Define Disability?

        The inability to engage in any substantial gainful activity (SGA) because of a medically determinable physical or mental impairment(s):
        • That can be expected to result in death, or
        • That has lasted or that we can expect to last for a continuous period of not less than 12 months.
        Note: There is a separate definition of disability for children (under age 18) who are applying for the SSI program. A disabled child also qualifies for the SSI employment supports described later in this book.

        Then, you would have had to meet the financial eligiblity, that you were not able at the time of your application to work and earn over SSA's limit, called Substantial Gainful Activity (SGA) this amount is $940 gross/month in 2008. You could have been working and earning below this amount and still would have met the financial requirement for SSDI. The following is from SSA's Programs Operations Manual (POMS), a modified version of the rules (the ability to enter data has been removed) that are used by field staff across the country for every aspect of their job.

        DI 00115.015 Definitions of Disability

        A. Title II, the Term “Disability”

        Under Title II, the term “disability” means:
        1. The inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months;
        Lastly, you had to have worked and earned credits into the system to qualify as a disabled worker.

        Once you were found to be disabled according to SSA's eligibility criteria you would have had a 5 full month waiting period before you were entitled to SSDI benefits. The reason for the wait is under the rational that within the 5 month period a short term injury would heal to the point where the individual would be able to work and support themselves over SGA and is described below from the POMS site.
        DI 00115.020 Period of Disability

        A period of disability is a continuous period of time during which an individual is under a disability as defined by section 216(i) of the Social Security Act. Such period may not be established before the first day that an individual is under a disability and meets the disability insured status earnings requirements of the Social Security Act. A period must not be less than 5 full calendar months duration.

        However, for the purpose of this 5-month requirement, a full calendar month includes a month:
        • Where the beginning date of the freeze period is the first day of the month; and
        • Where the cessation date of the disability is the last day of that month.
        The beginning date of an individual's “period of disability” is usually the date of onset of his/her disability; however, the period may begin on a later date if the individual did not meet the earnings requirement until after becoming disabled.

        A disabled individual may file an application for a past “period of disability” even though he/she is full retirement age (FRA), but the period of disability must begin (unless entitled to disability insurance benefits (DIB) without a waiting period) at least 5 full calendar months before the month FRA is attained and end no later than the last day of the month before the month in which FRA is attained. (See FRA charts in RS 00615.003).

        CWIC Melanie

        Comment


          #19
          Hi addiesue. I hate to disagree but the SSA rule is that you can not be working and earning over SGA, not that you can not be employed and have earnings from employment. This is a common misconception. Please see the post to Cass for SSA's Program Operations Manual (POMS) regulations on earnings.

          Comment


            #20
            Interesting. I was strongly told by the idiot at social security and by a counselor at Shepherd if I worked at all in the 6 month waiting period they would consider me "not disabled" and not give me a check.
            If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


            Sometimes it is easier to widen doors than it is to open minds.

            Comment


              #21
              ........
              If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


              Sometimes it is easier to widen doors than it is to open minds.

              Comment


                #22
                I am sorry for that addiesue. The only explanation I can give is that in all of the training the individuals working for SSA get, only one day is devoted to disability. The rest is split between general information and retirement (can you guess, with all of the babyboomers retiring soon, what training will be the first to go? That one day for disability!).

                You are in Tenessee? You can get some great specific information about your benefits from the work incentives planning and assistance program in your area: - CIL of Middle Tennessee or Tennessee Disability Coalition - Benefits To Work, both in Nashville I think.

                I hope this helps!
                CWIC Melanie

                Comment


                  #23
                  I have spoken to them in nashville. I wasn't impressed actually but thank you. I have been fighting a battle for about 6 months with SSDI. All info I have gotten from my own digging and a little help from Shepherd Center in GA.
                  If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


                  Sometimes it is easier to widen doors than it is to open minds.

                  Comment


                    #24
                    I would be glad to help as I can. What have you been working on with them? You can send it by private message if that it better for you.

                    Comment


                      #25
                      There are a lot of things that you can do that the SS administration won't tell you about which can improve your chances of being approved.

                      I won't go into a lot of detail but suffice to say that there are many things at each stage of the application process and appeal process which can make your possibilities for approval quite a lot better.

                      You can do an internet search for terms like "SSDI secrets", and get some good info. One site that I've found to contain some tips that I haven't seen elsewhere is disabilityappeal.com. I'm close to the point either being approved or having to appeal and this site has a lot of really useful information for that point in the process.

                      Good luck to everyone who is seeking SSDI, and know that there are things that you can do to improve your chances.

                      Comment


                        #26
                        hi melanie,

                        just to clarify, the quote from the Red Book is (as you quoted):

                        "That has lasted or that we can expect to last for a continuous period of not less than 12 months." many of us here have been disabled for years (myself included) so for those of us, this criteria is immaterial and needn't be a source of concern. i wasn't even asked it.

                        this is not quite the same as your post which said it is expected to last 1 year.

                        may i ask how long you have been dealing with SSA and the Red Book?

                        addiesue, i have never found CIL very helpful. i know we have exchanged pm's. are you able to get a referral for a good SSA attorney? after 6 months, i would at least consult one.
                        Last edited by cass; 8 Oct 2008, 10:43 PM.

                        Comment


                          #27
                          Originally posted by cass
                          hi melanie,

                          the quote from the Red Book is (as you quoted):

                          That has lasted or that we can expect to last for a continuous period of not less than 12 months.

                          this is not quite the same as your post which said it is expected to last.

                          may i ask how long you have been dealing with SSA and the Red Book?
                          What is the difference? Both statements say the same thing to me.

                          Comment


                            #28
                            actually, no they don't. you don't have to prove your SCI is expected to last 1 yr if you have been injured more than a year. as i said in my edited post above, i wasn't even asked so it's one less thing to worry about for those injured for years. that's all.

                            i should also mention the Red Book is updated yearly, so it is important to read the 2008 edition (which is why i reference it online).

                            Comment


                              #29
                              Thanks Cass, I have it worked out finally. It only got fixed last month. I still have some concerns but I will not need a lawyer.
                              If you can't handle me at my worst, then you sure as hell don't deserve me at my best.


                              Sometimes it is easier to widen doors than it is to open minds.

                              Comment


                                #30
                                The "expected to last at least 12 months" is obviously not for people whose disability has already lasted that long. If it has already been over a year then that criteria has been met. You seem ready to jump on someone who is offering to help because she did not quote exactly from the red book, but the info she gave is accurate and says the same thing. I would hate to scare away someone who wants to help over something silly.

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