Anonymous

My uncle has guardianship over my Cousin...She doesn't want disability..help?

If you remember, my Cousin refused to use a walker. You guys advised us all to not provide it to her when she didn't want to walk. It worked like a charm......she used the walker because no one would help her!

Sorry to all of you here who didn't read the question posted a month ago. Here is the summary:

My Cousin had a head injury a long time ago, has partial paralasis on right side of body. Rehab didn't fix things entirely. She still has spasticity, memory, cognitive, and emotional problems.

Everyone has been trying to file for disability on her behalf but she wouldn't sign the papers because she says "I'm not disabled!"

Ok, since then my Uncle successfully got guardianship over her. Now he is filing for SSDI on her behalf but she throws fits saying she does not want it because she doesnt think she is disabled.

Here is the question, will my Cousin, if she is approved for disability, get it even though she doesn't want it, or does she have power to stop the disability even though she has a guardian?

Update:

sorry, typo: i meant, you guys advised us to give her the walker instead of helping her walk when she didnt want to use walker!

5 Answers

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  • Anna
    Lv 6
    9 years ago
    Favorite Answer

    She feels bad and doesn't want to admit she is disabled. You need to explain to her that he needs the help disability provides to take care of her because she can no longer take care of herself. I can see her point of view, it's so hard to not be able to do things you used to enjoy, even simple things like getting up and going to the bathroom without incident. I miss jogging so badly now that I cannot run, it was my way of coping and I am now left without a healthy coping mechanism; she must feel the same way. She just doesn't want to be a bother to the system or to the people that love her, it would probably be best to try to get a therapist to come to her home to see her so that she can release all the pent up anger and depression that she's carrying. Good luck to you and to your cousin, be patient with her.

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  • 9 years ago

    The guardian has the right to file for disability without her consent, because she is not legally deemed a competent adult.

    However, unless you really need the money, I don't think you should file for disability. It is a big thing to be classed as disabled and personally, I'm not keen on it. It implies that a person is not capable of being independent and, in some cultures, that is a big disgrace. She should be allowed more time to adjust to her new classification and label, because it is a big thing to have to come to terms with.

    Source(s): Lifelong wheelchair user
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  • When a person is provided a guardian through a court order, that means the person is considered an incompetent adult. The guardian applies for SSI/SSDI on their behalf. The cousin will not be asked if she wants it or not.

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  • ?
    Lv 6
    9 years ago

    Uncle is her Guardian and presumably her sole support right now, and her does not need her co-operation to apply for benefits.He needs help to provide for her and help to pay her expenses, she is being unreasonable.Uncle should just do what he needs to do and not even discuss it with her.

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  • Anonymous
    9 years ago

    Her guardian has complete control over it.She is unable to make informed decisions regarding her care.That is why they gave your Uncle Guardianship.To make those decisions for her.

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