Thursday, July 23, 2009

Re: [epilepsy] Disability Benefits from Social Security

 


It quite often takes 3 tries before the disability
goes thru -- but a lawyer does help.

Millie

> Social Security is a very complicated process. I just won my hearing
> last month. If you win you win on the basis of one of 2 things. Either
> an official "listing" -a disability that meets a list of criteria.
> Listings are very specific legally defined disabilities that are very
> difficult to meet. In reality most people on disability do not get
> their SSDI because they meet a listing. Even when it comes to EP. Just
> because you have a condition in a listing doesn't mean you meet that
> listing-you have to meet the very specific requirements within that
> listing.
>
> The second criteria is hard to meet because it takes into account your
> age, education, experience, and residual functioning capacity. So for
> example someone who is 28 and has a college degree is assumed to be
> capable of being retrained to do another job. They have to prove that
> they can simply not work ANY 8 hour/5 day work week of ANY job because
> their residual functioning is so diminished. It is not a matter of
> whether or not you can do what you USE to do.
>
> On the other hand someone who is 55, with a high school diploma, and who
> has no other technical training, may win more easily because it would be
> assumed that it may be harder for them to find different work. Seems
> dumb but it it is true in the real world think about it.
>
> SO if you don't meet a listing, it is hard to win. When I won I met
> both a listing and the definition of someone who could not work
> an8hr/5day work week due to residual functioning--however I still had to
> go all the way to the hearing stage to win my case.
>
> My advice--Get a lawyer--it is worth the 25% (capped at $5300) of your
> back benefits. The system and the legal definitions and workings are
> known well by them-most people try to win by whining and telling their
> life-they know how to win based on the law. They will prep you, help
> you, tell you what to do, deal with all the paperwork. Secondly-keep
> seeking medical help. If you stop seeking medical help and stop going
> to your Drs. they will assume it was because you no longer needed help.
> EVERYTHING needs to be documented. Just because you say it is so
> doesn't make it so, your testimony must be supported by medical
> documentation,otherwise it is not considered credible.
>
> Hope that helps.
>
> Kelly P
>
>> Date: Wednesday, July 22, 2009, 11:52 PM
>>
>>
>>
>>
>>
>>
>> I am just wondering if anyone is receiving disability benefits from
>> social Security due to their seizures or related issues.
>
>

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