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My understanding is that it might take as long as a year, and that they more or less automatically turn everyone down initially, regardless of the circumstances. (Though if you do get it, the money accrues from the time you applied, as stated above).
I think what most people do or need to do is have it handled by an attorney who specializes in this area. They will take a portion of the back payments, but you have a much better, and quicker, chance of getting the money.
That is basically correct. It is almost automatically denied the first time, and then you go to a shyster with a law firm, and the SS, when they approve you, steals 30% of YOUR money and hands it over to the shyster, as his fee. The lump sum is all the monthly payments that you should have received for the time you waited, and the attorney is allowed to charge for 30% of up to two years of that, so it is an absolute certainty that the attorney will make sure it takes the full two years. That will come to about $5-10,000 in attorney fees, for maybe an hour in the courtroom and a couple of phone calls to doctors. When it is approved, the lawyer gets his 30% immediately, but you wait until the first of next month to get what they grudgingly grant you. In one case I know of, they release only $2,000 of it to the beneficiary, and demand proof of need at a later date to turn loose any more of it. Honor among thieves in its purest form.
My understanding is that it might take as long as a year, and that they more or less automatically turn everyone down initially, regardless of the circumstances. (Though if you do get it, the money accrues from the time you applied, as stated above).
I think what most people do or need to do is have it handled by an attorney who specializes in this area. They will take a portion of the back payments, but you have a much better, and quicker, chance of getting the money.
I think the high denial rate is due to the fact that many people who apply for benefits are really able to work, and are simply trying to get some free money. Whether or not a particular individual is denied depends on his or her condition. example: someone with end-stage renal disease who has both legs amputated it pretty likely to be approved. Someone who has a singe leg amputated, but no other conditions, is likely to be denied, given the large number of jobs out there that can accommodation this kind of disability.
Remember, government workers strive to do as little work as possible. If a DAS worker sees medical records that clearly indicate a disability, they will approve the case, just to get it off their desk. However, if they deny a case, they know it will likely be appealed in a federal Court. They therefore have to analyze every page of medical records from every doctor, hospital, etc. that has treated the patient, just to make sure that the appeal will stand up in Court. That's a lot of work.
I personally know of two case that were approved in 3 weeks or less, after the original submission. I know of many others that took far longer. It all depends on your condition.
Here is my take on attorneys: You almost have to have one, if you are going to Court. If your SSA case is being decided in Court, you will be up against an SSA attorney who is an expert in SS law. You have virtually no chance of winning unless you have your own attorney. Yes, your attorney will take a percentage of youe back pay. However, if you don't have an attorney, you will most likely loose, and you get nothing. Getting 70% of your back pay is a lot more that 70% of 0! HOWEVER, your case will never go to Court unless your appeal a denial. In other words, you will never go to Court if you are approved the first time around. If you retain an an attorney when you start the process, he/she (or a paralegal, more likely) will help you with the paperwork, and will follow up with your doctors, hospitals, etc. to insure that they have responded to requests for medical records. Most people can do these things for themselves. Even if the attorney does not have to go to Court for you, he/she gets the same percentage of your benefits. Bottom line: it may be best for you to apply yourself, and to retain an attorney only if you are denied. This is especially true if you have an obvious disability, and medical records to back up your claim.
But even after you get accepted doesnt everybody have to get reviewed by SSA like every 3 years and the process basically starts over again. Like they put your thru the same tests, see their docs and then decide f you keep your SSDI.
But even after you get accepted doesnt everybody have to get reviewed by SSA like every 3 years and the process basically starts over again. Like they put your thru the same tests, see their docs and then decide f you keep your SSDI.
Disability beneficiaries undergo a Continuing Disability Review (CDR) on a perodic basis after they start receiving benefits. The frequency of the CDR depends on the individual's condition. Medical records from your own physicians will probable suffice; you do not necessarily need to see one of "their" physicians. I don't think a CDR would be quite as involved as the initial application, since the applicant only has to prove that a particular condition continues to prevent him or her from working. Indeed, many CDRs probably get the "rubber stamp" treatment. if the applicant has a severe, chronic or degenerative illness that has no known cure (e.g. Alzheimer's.)
My Dh has already undergone those reviews. Since we moved to a very rural area, his normal physician's report sufficed. All we did was take him the paperwork, he filled it out and sent it in. Since DH has bi-monthly appointments due to his ongoing disability for monitoring purposes as well as for re-upping of his meds, it was not an issue.
I'm not real sure about all the horror stories one hears about the "system." But I had heard them before I applied, and was rather apprehensive about the whole process. So I called the SSI made an appointment and ... I applied for SSI disability on Monday December 12th of 2010 and was notified by mail in mid January of 2011 that my case was approved and had my first check at the end of February, 2012. (the 4th Wednesday) So overall it took about 30 days or so to get approved, but I did wait the required 6 months from date of accident/illness to apply. And I promptly replied to every correspondence that they sent me with everything they requested.
Last edited by madcapmagishion; 05-04-2012 at 10:36 PM..
I'm having an issue with unemployment and disability in tennessee. I let my unemployment lapse and reported that I receive ssi so my account is locked. the only thing i have access to is the view benefits/update info link and it shows my last certification date as july 20th. can i print off this information to show ssi that I no longer recieve unemployment benefits? ssi told me that they can't readjust the amount of ssi untill I have a letter or something showing I no longer receive benefits. Unemployment office told me that they dont send out letters saying that benefits are canceled. i dont know what to do.
I'm having an issue with unemployment and disability in tennessee. I let my unemployment lapse and reported that I receive ssi so my account is locked. the only thing i have access to is the view benefits/update info link and it shows my last certification date as july 20th. can i print off this information to show ssi that I no longer recieve unemployment benefits? ssi told me that they can't readjust the amount of ssi untill I have a letter or something showing I no longer receive benefits. Unemployment office told me that they dont send out letters saying that benefits are canceled. i dont know what to do.
I would go to the Social Security Administration office that serves your county, and ask one of the staff when you need from the Tennessee DOL. Don't call the 1-800 number, this may connect you with someone at an SSA office in another state, who will be unfamiliar with the Tennessee DOL.
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