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tink 2
Regular Member


Date Joined Jan 2007
Total Posts : 371
   Posted 12/13/2007 2:38 PM (GMT -7)   
I was talking to my lawyers secretary and she said that they take into account how much my husband makes when they calculate how much I get from SSD . Is this correct? How long do you wait for a check?They also tole me that the judge has up to a year befor he make a ruling? Is all this true? I am getting very preturbed with my lawyer and not telling me these things in advance.
 
Thanks for any insight my hearing in Jan 2nd.
           Denise
Lupus since 2005, Fiberomyalgia since 2006,  sjogren's syndrome since 2005,  diabetes since 2006, Depression since 2004. who would not be with all of this.
 
       I just try to make it threw every day as best I can.
        God please remember I am on the diet platter.
                  So many beads so little time.....
 
                   Have a great Lupie Day Denise 


Barbara Lee
Veteran Member


Date Joined Sep 2003
Total Posts : 2889
   Posted 12/13/2007 3:54 PM (GMT -7)   
Hi Denise:

According to my attorney and his clerk the judge can take up to 1 year to make his ruling on your hearing. I had my SSDI hearing Sept 26, 2007 and still do not have an answer as to whether I was approved. I believe it can take up to 3 to 4 months before you get your check once you've been approved. As far as taking your husband's income into consideration that would only apply to SSI not SSDI. SSDI is based on how much money you've paid into your social security fund. They do take into consideration if you've got children under the age of 16. If you do then I believe you get something extra for their care. Hope this helps you.

Take care,
Barbara
dx fibro, SLE, glaucoma, cateracts, bells palsy, depression, migraine headaches, gastreopaersis, chronic anemia, RA,MDS (Blood Cancer). Tons of meds.


Gidget^
Regular Member


Date Joined Aug 2007
Total Posts : 171
   Posted 12/13/2007 10:40 PM (GMT -7)   
I agree with Barbara, it doesn't matter how much your husband makes or even if you're married. It all depends on how much you have paid into S.S. over the years. I can't remember for sure but I think it could be the last 5 years of what you've paid in that is most important.
Gidget^
 
SLE 9/07, FMS '90's, Spinal Stenosis, Osteoarthritis, Sinus Tach, PVC's, Kidney Stones, RLS, Parotid Neurofibroma 8/04, Cervical Cancer 9/06, Enchondroma on my skull 11/07
Plaquenil, Toprol XL, Prozac, Zyrtec-D, Zocor, Vitamins B6 & B12, Pepcid, Folic Acid, Loratab ,Percoset, Toradol
 
There is no psychiatrist in the world like a puppy licking your face.
 
 


PattyLatty
Veteran Member


Date Joined Mar 2006
Total Posts : 2570
   Posted 12/14/2007 9:43 AM (GMT -7)   
I watched the documentary "Sicko" for the first time this week. It makes me so angry to see what those of you who need to get SSDI have to go through. It you haven't seen it yet, be sure to watch it. We need to make changes in our health care system in this country.
Lupus, Sjogren's, osteoarthritis, fibro, renauds, restless leg, hiatal hernia, double vision, migraines.
cellcept, neurontin, prednisone, plaquenil, synthroid, triamterene, tramadol, actonel, tri-est, imitrex, cymbalta, multivitamin, calcium w vit D, fish oil, aspirin


Lynnwood
Forum Moderator


Date Joined May 2005
Total Posts : 7020
   Posted 12/14/2007 10:11 AM (GMT -7)   
Since I'm waiting on SSD myself, I've purposely avoided "Sicko" -- I'm afraid it would squash any hope I have left for a bit of financial relief!

Lynnwood, Co-Moderator: Lupus Forum
SLE(’00), Sjogren's Syndrome, SAD, Depression, Herpes Simplex 1
Piroxicam, Plaquenil, Cellcept, Prednisone, Trazodone, Fosamax, Wellbrutrin SR, Valtrex
Links: DIAGNOSING LUPUS(4of11), LUPUS INFORMATION, LUPUS RESOURCES, Donate to HealingWell, Drug Interactions


Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1299
   Posted 12/15/2007 12:04 PM (GMT -7)   
The social security benefits you receive are based on your past earnings. Your SSDI benefit will be the same as your SS benefit at retirement age.  I don't believe that an SSDI benefit is based on what your spouse makes.  My wife was still employed and I received the maximum SSDI benefit even though I was only 63 at the time.  Retirement age for me is 66 in another year.
 
Here is a link that might explain it.  I would suggest you call the SSDI number.  They have actually been very helpful when I have called and cleared up questions that I had.  Call mid week and you will have a better chance of getting through quicker.
 
 
Once you are approved I believe that the law says you must get your first payment within 60 days. 
 
Getting approval is getting tougher now as I have heard there is a backlog of 3/4 million applicants waiting for a hearing with an ALJ.  Apparently, more are applying and SS does not have the funds to hire enough ALJs.  Some states are worse than others.
 
When I applied for the 3rd time in Sep 2006 using a SSDI lawyer the judge read my application and approved it within 2 weeks without a hearing.  I was surprised but elated.  I got my retroactive pay within 30 days and everything has been smooth since then.  My attorney said that if your case is very strong some of the judges will just approve it and move on to the next due to the backlog.  If your case is questionable or the paperwork has not been filled out in a favorable way (that includes doctors letters) a case just has to wait until a judge is available.
 
The system is really broken and focuses on finding ways to deny the first and second applications unless you have something termainal like ALS or stage 4 cancer.  The denial percentages are about 65% on 1st application and 85-90% on the 2nd.  The approval rate on the 3rd application when it goes before an ALJ is about 65%.  I guess they figure that making the process difficult and denying almost everyone will weed out the slackers and leave only the deserving.  Problem is that it penalizes patient who really need the  income and do not need the stress of dealing with SSDI.
 
Hopefully, you have a good attorney.  Most who specialize will not take a contingency case unless they feel it is winnable.
 
By the way, the stats I quoted came directly from an exec with SS who is a good friend of a friend.  Those were national ones and since the states do all the approval work it varies from state to state.
 
Good luck,
 
Bill
Mixed connective tissue disease (systemic lupus, scleroderma, polymyositis), Raynauds phenomena, Hypertension, Barrett's esophagus.
 
Meds: prednisone (6mg & tapering), 75mg imuran, lisinopril 40mg, maxide 37.5/25mg, norvasc 5 mg, folic acid, potassium, aciphex 20mg, multi vitamins.
 
Maintain your optimism and you can beat the odds.
 
"Although the world is full of suffering, it is also full of the overcoming of it."  Helen Keller
 
 


emmi
Veteran Member


Date Joined Apr 2005
Total Posts : 1529
   Posted 12/15/2007 10:45 PM (GMT -7)   
Bill and all the rest,

I agree that a good attorney who specializes in disability is pretty essential. I had the same experience as Bill. My next step was the hearing with the judge. However, the same as Bill, the attorney wrote a letter summarizing my illnesses and the problems they create for me that prohibit me from working an 8 hour day at any job. The decision came a month ago in my favor; no hearing for me!!!

Could it be because I used the same attorney as Bill?

Bill, I have been meaning to email you with a big Thank You for steering me to said attorney. He was good to work with and obviously knows what he is doing. Hope things are going well for you. Sounds like they are if you plan on skiing! All the best in that endeavor--enjoy!

emmie
</FONT>

SLE, limited scleroderma, Sjogrens, Hashimoto's Thyroiditis, seizure disorder, Raynauds, Hashimoto's (or Autoimmune) Enchephalopathy


redrose77
Veteran Member


Date Joined Sep 2005
Total Posts : 2573
   Posted 12/16/2007 2:04 AM (GMT -7)   
My lawyer did everything he could to get the records that the state agency failed to request. He also got my doctors to fill out a RFC form for the judge. I ended up having my hearing delayed because the judge I was initially assigned to retired. Then because things were really hitting the fan financially my lawyer requested they either make an on the record decision or move up my hearing. My senator's office got involved too and I got a hearing date within 2 months of the letter from the lawyer and senator. At the hearing the judge asked me 3 or 4 questions and my lawyer 4 or 5. The guy there to say what I could do never opened his mouth. The judge then said he was ruling in my favor (very rare to actually get the decision in the hearing). A month later I got the letter and in 10 days I had back pay because I was about to lose housing. I am on SSI and my husband's income counts. If I had 3 more credits I would have been on SSDI and his income would not matter. It used to be I could have gotten disability on his credits but they changed the laws and now I can't unless he dies after we have been married 10 years. Since I don't want to lose him this is not an option I want happening. Once the baby comes a lot more of his income won't count anymore and I will get the full SSI benifit.

I would make sure your lawyer's office has every supporting piece of medical stuff they can get their hands on. I know my case went really fast at the end because of my housing situation. If you have a serious risk of losing heat, electric, water, or your home the lawyer could request an on the record decision or simply make the judge aware of the problem. Once you have your letter in hand if you need the money really fast go to the local SS office with proof of why you need the money right away and if it is within the guidelines they will have to release the money as fast as possible.
Dx:fibromyalgia 2002, systematic lupus 2005, rheumatoid arthritis 2006, PTSD 2007, multiple allergies 2005, migraine, compression fractures T11 & T12, Sjögren's, pregnant due May 2008
Tx: plaquenil, Enbrel, Darvocet, Singulair, Flexeril, Baby Asprin,Prednisone


Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1299
   Posted 12/16/2007 9:45 AM (GMT -7)   
Emmi,
 
I am doing well.  Still on the road to recovery and have a long way to go.  This year I have resumed some of my former activities but I still lack in strength and particularly in stamina.  I work out 5-6 times a week and very slowly continue to improve.  No flares but I have had some problems with imuran and I am now on a very low does of pred and imuran.  So far so good.
 
No question our attorney knows what he is doing and is well connected.  That is something that cannot be discussed but I know enough of the legal world to know that who your attorney is makes a difference.  At the very least you want one who specializes in SSDI and knows the game and the judges. 
 
Having the financial security of SSDI has allowed me to rehab in a manner that would not have been possible otherwise.  Don't know what my future will be but things are better and life if good....not normal but the memory of my former lifestyle is fading fast so it really does not matter.
 
Have a wonderful holiday season.
 
Bill
Mixed connective tissue disease (systemic lupus, scleroderma, polymyositis), Raynauds phenomena, Hypertension, Barrett's esophagus.
 
Meds: prednisone (6mg & tapering), 75mg imuran, lisinopril 40mg, maxide 37.5/25mg, norvasc 5 mg, folic acid, potassium, aciphex 20mg, multi vitamins.
 
Maintain your optimism and you can beat the odds.
 
"Although the world is full of suffering, it is also full of the overcoming of it."  Helen Keller
 
 


JudyK89
Veteran Member


Date Joined Dec 2006
Total Posts : 1986
   Posted 12/16/2007 10:54 AM (GMT -7)   
Bsime,

Wondering what your problems were with the Imuran. I'm trying to figure out my latest round of joint pains and I swear it's related to the 6MP (sister drug to Imuran). My Rheumy is having me restart it while on 10 mg. of prednisone also. Still doing tests, x-rays, etc., trying to figure this out.
Judy
Crohn's Disease   
 
 
 


Bsime
Veteran Member


Date Joined Apr 2006
Total Posts : 1299
   Posted 12/16/2007 12:49 PM (GMT -7)   
Judy,
 
I had no side effects with 150mg of imuran for 19 months and last summer it hit my WBC, RBC and platelets.  All were lowered (not to critical levels but too low for comfort) and my doc felt it was long term use of imuran.  Now on only 50mg and OK.
 
Most people tolerate imuran well and some have taken it for many years without a problem.  It is also used for transplant patients.  If you cannot tolerate it the effects are immediate and your doctor will remove you and try something else.  It takes many months (6-9) for imuran to be fully effective so it is meant as a long term med. 
 
It is possible that my docs will increase my dosage if I start having symptoms again.  If not there is a possibility that I will get off all meds but not for at least another year.
 
Bill
Mixed connective tissue disease (systemic lupus, scleroderma, polymyositis), Raynauds phenomena, Hypertension, Barrett's esophagus.
 
Meds: prednisone (6mg & tapering), 75mg imuran, lisinopril 40mg, maxide 37.5/25mg, norvasc 5 mg, folic acid, potassium, aciphex 20mg, multi vitamins.
 
Maintain your optimism and you can beat the odds.
 
"Although the world is full of suffering, it is also full of the overcoming of it."  Helen Keller
 
 


redrose77
Veteran Member


Date Joined Sep 2005
Total Posts : 2573
   Posted 12/16/2007 2:14 PM (GMT -7)   
I wish I were back on imuran sometimes. I cannot take it during the pregnancy, but it controlled some of my nerve issues and the memory problems I have thanks to the lupus. The fact I notice these symptoms slowly returning likely means I am losing my remission but my other lupus symptoms have not returned and my liver function is still normal so I am not overly worried. The way my rheumy explained it Imuran takes 3-4 weeks to begin showing benifits and can take 4-6 months for full benifits. Since she says plaquenil takes 6wks-2 months to show benifits and 6-12mo for full benifits Imuran is not quite as slow acting as the plaquenil so many of us take. Ironically my white and red cell counts are chronically mildly elivated so I never had blood count problems except that when I got a nasty infection my white cell count did not rise as much as my regular doctor expected an infection to increase the white cell count. That meant I went untreated for 2 months until my rheumy looked at my counts and realized why I had been so ill was an overlooked infection. I fired that regular doctor really fast.

Pain increase is usually the result of inflammation. We found the hard way that a lot of my joint pain was not the lupus, instead I have rheumetoid arthritis and lupus. I suggest tracking the pain you are experiencing Judy so that you can describe the symptoms, when it happens, what you had been doing, what foods you ate, and how the painful area looks. This is very important because not all of our pain is caused by the primary disease diagnosed. I know a lot of doctors try to blame everything on the easiest thing (usually the first condition dxed) but the truth is that so many other things can be going on that get overlooked after a dx. just because it is easier for them to blame the known condition rather than look for the cause. If they just blame everything on what is already dxed your condition could become worse if there is another problem/condition causing the symptoms.

Having been diagnosed with one autoimmune condition makes you much more likely to be dxed with another. Never allow anyone, even yourself, to assume that the answer to a new symptom is easily explained away as medication side effect or the already dxed condition. Sometimes it is the med or condition but others it is a sign that something has been overlooked.

I wish you much luck.
Dx:fibromyalgia 2002, systematic lupus 2005, rheumatoid arthritis 2006, PTSD 2007, multiple allergies 2005, migraine, compression fractures T11 & T12, Sjögren's, pregnant due May 2008
Tx: plaquenil, Enbrel, Darvocet, Singulair, Flexeril, Baby Asprin,Prednisone


tink 2
Regular Member


Date Joined Jan 2007
Total Posts : 371
   Posted 12/17/2007 2:51 PM (GMT -7)   
Thanks for the info. I had my phone consult with lawyer and she said I have a fair Judge and I have a long list of illnesses my Drs. sent in to them.My list of meds are just as long 17 to be exact. I asked what my chances are  and she said they look good. His average is 3 months to  make his decision. Not to bad.
Just wanted to say thanks.
     Denise

Lupus since 2005, Fiberomyalgia since 2006,  sjogren's syndrome since 2005,  diabetes since 2006, Depression since 2004. who would not be with all of this.
 
       I just try to make it threw every day as best I can.
        God please remember I am on the diet platter.
                  So many beads so little time.....
 
                   Have a great Lupie Day Denise 

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