Anonymous

Disability question please help?

I am writing on behalf of my brother.

He has severe psychiatric problems as well as physical problems (liver failure and had a stroke in the past- he is an alcoholic)

So he got denied disability. His psychologist gave him a disability lawyer to contact who told my brother he must not have worked for 5 months before he can appeal again. He took a holiday job for a Halloween store part time in October and was paid $10/hour. He cannot handle work. He barely lasted that job.

my question is, what can he do in the meantime ? He is definitely disabled, the only reason he was denied was that they couldn’t get in touch with his psychiatric team, they said.

So they say he can’t work yet he needs money to live. I don’t know what to do I am only a nurse and don’t make enough money to support him also.

Please help any ideas? Thank you

7 Answers

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  • Anonymous
    4 weeks ago

    Sorry for my lack of sympathy, but why should we pay him to sit around and continue to drink?  He can get food from a food pantry or soup kitchen and stay in a shelter while he gets himself clean.    

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  • Judith
    Lv 7
    4 weeks ago

    When a claim is denied the notice tells a person they have 60 days in which to appeal the decision.  So why didn't he do what the notice told him to do - or didn't he bother to read it?  If a person fails to file a timely appeal then they have no option but to file a new claim.  There is NO RULE whatsoever that a person must wait to file a new claim.  He wants to refile after the 60 day appeal period has passed then he can refile.

    I suspect he misunderstood his attorney because it's doubtful that any attorney would be so stupid as to say that he must wait 5 months.  Social Security benefits are NOT paid the first 5 full months someone is disabled but that doesn't mean that they must wait to file until after the 5 month waiting period - that's just plain stupid.  If someone is disabled January 2, 2020 they can file a claim January 3, 2020 and, if approved, they are set up for benefits to begin July 2020.  In addition to the social security claim they will also take an SSI claim and SSI will be due until the social security claims kicks in.

    So refile.  He can call 1-800-772-1213 to make an appointment either in the office or over the phone.

    I see no point in obtaining an attorney until AFTER a person has filed a Request for a Hearing.  Having an attorney at the hearing gives a person a slight edge over those who don't.  Attorneys are only paid if the claim is approved; their fee is deducted from the first benefit payment.

    And what do you mean "So he got denied?"  35% of claims are approved immediately.  No one is denied solely because they are alcoholics.  Many people who are alcoholics receives social security and/or SSI disability benefits because they have some other mental or physical condition which is so severely disabling that they are incapable of working and earning $1260 a month for at least a year (which is the requirement BTW).  No one can receive social security or SSI disability benefits if their only "disability" is alcohol and/or drug addiction.

    He will NOT receive benefits while the claims are pending. And BTW a disability must be so severe that he is incapable of working and earning $1260 a month for at least a year in ANY type of employment.  Does he not work because of his alcoholism or because of a severe psychiatric illness?  I'm betting he misses work or is fired because he's drunk.

    I was a SS claims rep for 32 yrs.

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  • 4 weeks ago

    in the US, find another lawyer...

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  • Laurie
    Lv 7
    4 weeks ago

    No big deal. 99% of disability applications are denied the first time, and it is COMMON to hire an attorney to get subsequent approval (Personally, I think it’s a racket.)

    If he can’t work, he can’t work. His family needs to take care of him until he is approved.

    • Judith
      Lv 7
      4 weeks agoReport

      35% of disability claims ARE APPROVED the 1st time.

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  • Well you have stated the solution. Part of the application process is to provide the names of your doctors. Your application is generally not approved if your doctors do not respond to the questions SSA sends them.. They might provide a doctor for you to go to, but if your disabilities are severe, they might not consider that adequate. When I have applied or helped others apply, I contact all the doctors and let them know I am applying. I remind them they have 30 days to respond. In 30 days I contact them again and ask if they filled out the paperwork.

    You can work while waiting to reapply or waiting for approval, but it must not be more than about part0-time or they won't approve your claim as you have proven you can work.

    Lawyers are unnecessary and counterproductive for initial application to SSI/SSDI.

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  • I care
    Lv 7
    4 weeks ago

    I think I would try yet another lawyer...….so sorry all this has happened. 

    Having a disabled family member is such hard work, and until you get some care for him,  it won't get any easier...….sorry.   

    Perhaps "memory care"  area in a Nursing home close by at least check them out..if brother has Medicaid

    There is other organizations that help even more.  Go to your nearest Family Services Care, and hopefully they can give you more assistance in what to do next.   

    Is your brother a veteran?  If so,  this is another place veterans can reach out for assistance and doctors. Just maybe,  one place can help, I hope so.

    Bless you sis for caring.

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  • Pearl
    Lv 7
    4 weeks ago

    i had those issues where it took me yrs to get on ssi, 8 to be exact, i just get getting denied even though i had joint issues, etc and couldnt work like that, one day a neighbor left a note on my door with the number of this company in boston, their name is citizenship disability, anyways they worked with me for 8 months and got me on, one of the things ive noticed about them was because i was born in uruguay my social security card had my spanish name on it even though im a citizen, they used my spanish name on my emails, maybe they caught on to something that others havent and that might be why i couldnt get it, they were probably using my english name.

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