HealingWell
Search Close Search
☰

Approved for Disability (?)

Support Forums
>
Chronic Pain
✚ New Topic ✚ Reply
❬ ❬ Previous Thread |Next Thread ❭ ❭
Posted 12/7/2013 6:21 PM (GMT 0)
I just received a letter in the mail from SS, with a CC attached with a note that my attorney was sent this copy.

The letter (edited version) reads thusly: "We have found that you meet the medical requirements for disability benefits.....You said that you became disabled on 01/01/2008.....While you stopped work because of your condition, you do not meet our requirements for disability until 12/1/12...which is near your 50th birthday." *

"....We have not yet made a decision about whether you meet the nonmedical requirements...."

The letter further reads that I must wait until I receive the 2nd notice about that decision and that I have the right to appeal the determination claim within 60 days of receipt of that 2nd notice.

Can someone tell me what I just read?

It specifically states not to phone the SSA office at this time.

Of course I'll be contacting the law firm I'm working with, but I'm confused and admit total and complete ignorance of all things SSDI related.

From what I had been reading, there were meetings with judges and court appearances (?- or something along those lines, forgive my poor memory please). There's nothing (at least in this notice) that mentions any of that.

So,...what just happened? Or I guess more specifically,...what does this imply is about to happen?



M.




* What's up with mentioning the relevance to my 50th birthday?


EDIT: My comment, "From what I had been reading," was pertaining to some of the inferences I gleaned from other posts regarding the whole SSDI process and what to expect, etc.
Posted 12/7/2013 6:34 PM (GMT 0)
It just means that first stage of your eligibility is complete. They looked at your case, and decided that medically, you're good to go.

Now they just need to do the paperwork on your job status, and whether or not you're approved for the payments from the SSI trust fund.

It's basically just a status report on where they are in your case, that's all.

You'll get the second letter once they've finished your case and determined your back pay etc. That second one will be the approval or denial letter...

Some people never need to see a judge, have a hearing, or even a lawyer. I never did.

Also....the reference to your birthday just means that that's the date at which the SSI Drs determined that you were officially "disabled" and they use that date as part of the process to determine how much back pay you'll get.
Posted 12/7/2013 7:17 PM (GMT 0)
So I've been found medically disabled, but I may not even qualify for any disability income?


M.
Posted 12/7/2013 7:44 PM (GMT 0)
If it's for SSDI they check your work credits, etc for non medical criteria. If it's SSI, they need income, resources, bank info, living arrangements info from you and you spouse, if you're married. For SSI, you will get an appointment to go into the local office and take this info.

Also, there is the 5 month waiting period for SSDI but not for SSI.

The only way you wouldn't qualify for disability income would be if you don't have enough work credits left for SSDI or if you income and resources are too high for SSI. Your attorney will get his fee paid from the back pay.

Post Edited (Mercy&Grace) : 12/7/2013 12:50:05 PM (GMT-7)

Posted 12/7/2013 9:53 PM (GMT 0)
Wow, what a strange letter & I understand the confusion, I have not heard of anyone getting a letter like this before, if so they never came here & talked about it.

The only time you go in front of a judge is if they keep denying the claim through the different processes. It usually takes a year & half to get a hearing before a judge. Its a pretty long process if they deny the claim.

When I filed for SS disability they told me over the phone during my initial interview that I was not eligible for Supplemental Security Income because we made too much money. Supplemental Security Income is not the same as SS Disability. It is for people that are disabled & have never worked or the person did not pay in enough quarters to SS. You have to work right at 10 yrs to get SSD if you are found disabled.

Susie
Posted 12/7/2013 10:46 PM (GMT 0)
I was already informed I did not qualify for the supplemental income because my Husband made too much money. Okay, so that, I get.

But my being found eligible for disability for physical reasons, the letter seems to confirm that, and then deny SSDI payments? That's the part I'm confused about.

They told me over the phone right out of the gate that I wouldn't qualify for the supplemental aspect, so my understanding is that this is straight on with regards exclusively to my physical condition.

I'm glad I'm not the only one confused here. Just when I thought I was getting an understanding of what to expect or anticipate, the letter threw me a curve ball. Then when I re-read the letter, it doubled my bafflement.

Thanks for any insight.




M.
Posted 12/7/2013 10:56 PM (GMT 0)
Merrida, I'm sure you qualify for the SSDI, it's just the way they word things. I've put a link below that may help ease your mind some. The info is short, but hopefully it will help. You've also got the 5 month waiting period.

Non-medical requirements for disability-
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1407

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/455/related/1/session/L2F2LzEvdGltZS8xMzg2NDU2ODU5L3NpZC9LdVM3RWZIbA%3D%3D

Post Edited (Mercy&Grace) : 12/7/2013 4:01:48 PM (GMT-7)

Posted 12/7/2013 11:14 PM (GMT 0)
Thank you Mercy. There was a link in there as well that specifically stated exactly what was in my letter, about qualifying for the medical disability, but no determination has been made on the "non-medical" issues, which include my age, marital status, employment and social security.

But see to me, that is the same thing as the supplemental income (which I already know I don't qualify for). Unless this is more red tape to not approve me for a second a time for the supplemental income. (They actually started off there, which is why I'm so confused now).

So although I got approved "as of 12/1/12" via their letter, I am still looking at waiting a year for any check, if one comes at all, and it would start 6 months after the disability started? (That part was confusing).

How is it I can wrap my head around Dante's writings, but I can get lost inside a paper bag?




M.


EDIT: Again, thank ALL of you for being so patient with me. I'm sincerely baffled about something that seems obvious to the general populous. I'm sorry for that.
Posted 12/7/2013 11:24 PM (GMT 0)
I wonder why they do not agree with the date of disability being back in 2008. From what you say they are using 12-1-12 which is what 4 yrs later. Did they give an explanation as to why they do not think disability started back in 2008? Try not to worry about it, and talk to your attys on Monday. They should be able to shed some light on this.

Susie
Posted 12/7/2013 11:29 PM (GMT 0)
Thank you Susie. I was wondering the same thing myself. They didn't offer any explanation.

In fact, I was wondering (sort of out of the box here),....over 2.5 years ago I formally filed for disability, but after the first rejection letter I never followed up.

A teensy part of me was hoping that since I filed officially, right in their office, that they'd go back to that date to see. I don't even know if that would make a difference.

But you brought up a good point that I also don't understand....I certainly have, and had, enough things going on with regards to my health, that date seems arbitrary. it's 11 days before my back surgery.....surely all my medical records prior would illustrate things like, oh I dunno,....patient presented in a wheelchair, unable to bear weight standing, you know, stuff like that?

I thought it would count for something....

Thanks again for the help. I'll call my attorneys on Monday and I'm sure they'll shed some light on this.



M.
Posted 12/8/2013 1:29 AM (GMT 0)
Merrida, SSA found you disabled beginning Dec 1, 2012. Even though you stopped working, according to your medical records you didn't meet the level of disabled according to SSA criteria. You won't have to wait a year. The next letter you receive will have the amount of your monthly benefits and back pay. Your attorney gets, i believe 25% of your back pay and that will be taken out before they send you yours. Usually, you begin to receive your monthly benefits before you receive your back pay. SSA usually checks with you for current banking info.

Sometimes a person will appeal when the date of onset the claimant has is not the same as the one SSA decides on. But, SSA very rarely, if ever, will change the date and you could end up being denied all together. So it's good that you're not going to appeal.

Post Edited (Mercy&Grace) : 12/7/2013 6:34:13 PM (GMT-7)

Posted 12/8/2013 10:11 AM (GMT 0)
Ahh, gotcha.

Hubby and I were talking about that as well, appealing the onset date. But it did occur to both of us that in doing so, I may lose out on everything all together.

Yes, the attorneys get 25% backpay. It's worth it because I couldn't have done it on my own.

Thank you for clarifying.



M.
Posted 12/8/2013 11:32 AM (GMT 0)
They wouldn't pay you all the way back to onset date anyway since somewhere around 2000 when they decided SSD was running outta money they limited the amount of backpay years they pay. The change would possibly make you Medicare qualified sooner but that's about it.

The letter really just confirms what you already knew, your diagnosis make you medically qualified by the books or diagnosis list.

Still have to meet the rest of the criteria so one hump in the road down and more to come!
Posted 12/8/2013 4:13 PM (GMT 0)
Medicare will kick in around June 2015. You have 5 month waiting period + 24 months, beginning Dec 1, 2012. I think my math is right. But, like everything else around here right now, my brain may be kinda frozen. .LOL
Posted 12/8/2013 4:33 PM (GMT 0)
Oh. Yay.

I was just looking for more obstacles.....not enough going on....

Bah.

(But thank you for the info!) :)




M.
Posted 12/8/2013 4:38 PM (GMT 0)
Merrida, I'm sorry.
Posted 12/8/2013 6:14 PM (GMT 0)
Nothing to be sorry for. I'm being educated, and that is always priceless.

I appreciate the information,...always do.



M.
Posted 12/8/2013 11:15 PM (GMT 0)
Mercy&Grace is absolutely spot on in her explanation of what the letter means. I want to reiterate that should you appeal this decision you could end up being denied when reviewed by another adjudicator. Therefore it is to your benefit to accept the onset date they determined. I have a blood relative who read your post and said exactly what Mercy&Grace wrote.
Posted 12/8/2013 11:39 PM (GMT 0)
That is very good to know!

Yet another reason I'm so grateful for this forum. Education. Information I would not have known or suspected otherwise.

You're all invaluable to me, and I appreciate the input greatly.

At least now I feel like I stand on firmer ground with a better understanding.

Ohhh, the things I would not know if it weren't for my HW family!

Thank you again.



M.
Posted 12/8/2013 11:43 PM (GMT 0)
I definitely agree that you should just accept their "disability as of" date, and let the process play out. You've already been approved medically, and all you're waiting on is basically the last bit of *fact checking* and the back pay determination. You're on the home stretch.

My mom received a letter like the one you got. Her caseworker explained it to her the way I explained it to you in my first post. A few weeks later, she got the second letter stating that she'd been approved, and it detailed her benefit amount, as well as when she would receive the amount each month. It also gave the "lump sum" she would get in back pay.
Posted 12/13/2013 1:43 PM (GMT 0)
Good morning. I hope no one minds my late input on this topic. I am 43 years old and have been receiving SS disability for almost 2 years. I also enabled the help of an attorney to assist and pursue my disability claim. It was the best decision I ever made. After multiple hip replacements and several colon resection surgeries I finally gave up working under my doctors advise in 2001. I drug my feet and didn't apply for SS disability until 2009. I was denied the 1st time, as my attorney told me to expect. After that the process lasted almost another year. I submitted complete medical, hospital and prescription records. My states SSA required me to be seen by a psychologist and a medical doctor of their choice although my medical doctors had already submitted documents stating I was 100% disabled. I had never been seen by a psychologist so I was originally insulated by the appointment. But at the appointment I realized it was just a formality. I was scheduled a formal hearing with a judge to determine my eligibility but a few weeks before the court date my attorney informed me I had been approved. The only drawback was that SSA approved me at a different date than my medical records supported and since I had stopped working long before then I didn't have as many work credits. Yes there is a difference in my monthly benefit amount and there was a significant difference in the back pay amount my attorney quickly advised me not to appeal the dates. I know that I am blessed at such a young age to have been approved so effortlessly and quickly so I would not have appealed regardless. The biggest blessing to me was that my Medicare was available immediately, I didn't have a waiting period because SSA had determined I was medically disabled for at least 24 months prior to approval. In SC the Medicare cost is only $99.00 a month and its taken directly out of my check each month. I know the process can seem overwhelming and frustrating but in the end it will be worth it.
✚ New Topic ✚ Reply