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Yes she is new to the town she is in but definitely not new to Texas. Where we are is Austin (I can't tell if austin is considered a small city or mid-sized city). I think there are expats but they are in houston as houston has a larger population and she has been living there the most. But my mother never became a part of any community of people in her home country recently but she was heavily involved in those back in the 90s and early 00s (probably in the 80s but I wasn't around) but not anymore and she lost contact with them.
The most common comment I've read is to refuse to let the hospital discharge her to my care. and they are doing that to intimidate or to bully me around. I've had a history of dealing with intimidating people and bulling so it didn't take much for me to give in sadly. It's nice to know that hospitals can get in trouble for discharging people that way.
As for the 1999 document, I plan on calling social security admin tomorrow morning (to avoid being on hold for an hour) and ask about this and to know how many work credits does she really have.
It is probably easier for you to set up an online Social Security Account on behalf of your mother. Once in, you'll see her earnings history and credits.
I've been following this thread and I want to stress that if she has sufficient credits for Social Security Disability Benefits she should apply NOW. After a certain amount of time, her credits for disability insurance eligibility will begin to "fall off" and she will no longer be eligible. Think of it as having to continue to pay insurance premiums to keep the insurance policy in effect.
Your mother is in a unique position because of her age, her inability to walk in addition to her inability to use her upper extremities. Assuming she has the credits and you provide SSA with the medical records to substantiate her claim, she should be awarded benefits very quickly. Trust me on this one, I worked SSA disability claims.
Nevertheless, the problem remains that she will not be eligible for Medicare for over two years from the date of her disability.
Also, unlike other posters, I do not recommend you first contact an elder law attorney. I would first contact your mother's local Legal Aid, a public interest Immigration Law center, or as mentioned by several other posters, a Catholic or Lutheran organization that assists immigrants. All of these are folks who assist low income immigrants and are most likely to be of assistance. (It is my understanding that you mother is in her early 50's).
Location: Giant sack of land between new mexico and lousiana
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I am not sure how an immigration lawyer can help me out as her case has more to do with a combination of disability, elder, and social security. I can't really do anything with the USCIS to change that. While you can expedite a naturalization application, you can't expedite a green card date. It's kind of against the law to sign up for a social security account for someone. I rather have the SSA look up that information. SSDI requires a certain number of credits and at her age, she needs about 30 credits and she has 20. I need to find out where the 20 came from and see if it is possible to make those "missing" credits mentioned in the 1999 document I found count.
Location: Giant sack of land between new mexico and lousiana
167 posts, read 189,862 times
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I am seeing some conflict on whether or not an elder lawyer will help or not. Bummer. Right now I only contacted lawyers that offer free consultations. I just want to have an idea on what can be done and their advice.
Hopefully one or more of the lawyers can at least point you in the right direction. You have a lot on your plate. I think I would contact everyone that the other posters listed - surely someone will be able to help!
After my father died, I helped my mom with her Social Security etc. We had to go to a specific office that serviced her area, and they would not have spoken to me without her being present.
I am not sure how an immigration lawyer can help me out as her case has more to do with a combination of disability, elder, and social security. I can't really do anything with the USCIS to change that. While you can expedite a naturalization application, you can't expedite a green card date. It's kind of against the law to sign up for a social security account for someone. I rather have the SSA look up that information. SSDI requires a certain number of credits and at her age, she needs about 30 credits and she has 20. I need to find out where the 20 came from and see if it is possible to make those "missing" credits mentioned in the 1999 document I found count.
An immigrant law center helps with more than just immigration applications, they can assist with issues arising from the fact that your mother is an immigrant.
I am seeing some conflict on whether or not an elder lawyer will help or not. Bummer. Right now I only contacted lawyers that offer free consultations. I just want to have an idea on what can be done and their advice.
Do you have an appointment with any of the lawyers you have contacted?
Legally speaking, your mother is not an elder. Generally, clients who seek assistance from elder law attorneys are either seeking assistance for their elderly parents OR are not yet elderly but seeking assistance to protect their finances in case they need care in the future.
If you speak with someone who cannot help you, you need to ask if they know someone who can. When I am asked that question I either provide names of attorneys whom I trust and are proficient in that field of law or, if applicable, the names of public interest organizations that can provide the assistance requested. This is why I asked whether you had an appointment to see an attorney.
Last edited by lenora; 01-23-2017 at 08:59 AM..
Reason: clarity
Location: Giant sack of land between new mexico and lousiana
167 posts, read 189,862 times
Reputation: 92
Quote:
Originally Posted by lenora
Do you have an appointment with any of the lawyers you have contacted?
Legally speaking, your mother is not an elder. Generally, clients who seek assistance from elder law attorneys are either seeking assistance for their elderly parents OR are not yet elderly but seeking assistance to protect their finances in case they need care in the future.
If you speak with someone who cannot help you, you need to ask if they know someone who can. When I am asked that question I either provide names of attorneys whom I trust and are proficient in that field of law or, if applicable, the names of public interest organizations that can provide the assistance requested. This is why I asked whether you had an appointment to see an attorney.
I haven't received any responses yet other than one whose response was: "Thanks for your inquiry. I am sorry I can’t assist you with your case issues.". I guess since she is not old enough and is not protecting her finances, and elder lawyer won't be any help. I am currently filling out the social security disability application online. I am going to a catholic charities consultation immigrant lawyer tomorrow and see if I can get any help. I am slowly running out of things to do. It seems right now my planning is scattered and not organized because I am dealing with this without any guidance and because of that I don't think this out of state thing is going to work out. I'll see what happens after tomorrow. It seems there is no way out. I even contacted a county caseworker to help plan this but I am on a 2-3 week waiting list with the caseworker.
Well the hospital has discharged her and I can't take care of my mother. The adult protection services people, hospital, and the nursing home people keep mentioning how they are going to send her to a homeless shelter. She can't do anything on her own other than talk and eat. she can't stand, walk, bathe. She can move arms and legs but that is the best those limbs can do. I keep having people say to simply move to a two bedroom apartment, we'll send you medical equipment. Even with that, I can't afford to hire a full time caregiver and I can't lift her around. She is just sitting there on my bed and the only thing I can do for her is feed her and give her medicine. Remember she has no insurance so I can't get any help from the state on her behalf. For some reason texas seems to have a thing for homeless shelters because that is the only suggestion I am having. I am not legally responsible for her care, I am just here because I am the only family member. She is not my dependent. I am not a legal guardian. I am just her daughter. It seems I am dealing with filial type stuff here even though Texas doesn't have filial responsibility laws.
I thought taking her to another state where she can get nursing home care and higher chance of medicaid eligibility will work but this is putting a strain on my mental health to the point of me about to just one day shut down. People will say "I'm sorry about your situation" but no one seems to understand what this is like right now. I am dealing with this alone and I am having a hard time finding guidance. My question is if I can't take care of my mother and she is "disabled" (I am sorry but if someone is not physically able to take care of themselves, I call that disabled.) but I am the only family member and people say she can't be homeless and disabled but everyone is threatening they'll put her in a homeless shelter (contradictory much) what else can I do? No nursing home wants her, there is no charity based company that has that level of care, there is no secondary help that offers 24 hour care? I know I can apply for SSDI for her but that process applying and waiting for a decision is not something that will take 24 hours. It will take months and I am looking for something in the meantime while I am waiting to get her on that.
Hello:
I scanned your 2 original posts. I am sorry for your serious challenges re your elderly mom. I am in a very similar position, but my mom is not an immigrant. She also is not a permanent invalid, but becomes bed-ridden every 4 mos or so through one/some of her 5 diagnosed conditions. Am so glad to be a part of this forum. It is sobering and heartening to learn of the struggles of other caregivers, some in worse positions, and some not as devastating.
Have a question. Of the 6 states that you identified for better Medicaid, and other aid programs, was TN one of them? We currently live in FL (for past 20 yrs), but are from middle TN. I am planning to relocate, and East TN is my choice.
It's kind of against the law to sign up for a social security account for someone. .
Oh good grief. Take a tablet into the hospital, and show the site to your mom and help her create an account.
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