Munchkin's loooooong journey!

[oldmunchkin]

As everyone knows, I filed for disability in January of '08. Well, I finally got a "formal" hearing, after 3 paper denials. I went for my hearing last Tuesday! I won't get a final determination for 4 to 8 weeks, and if turned down again, I have 1 more appeal left at the "local" level.

I spent almost a month being a nervous wreck over the whole process. Then I got there! My lawyer told me to be there at least 30 minutes early, so I was there about 45 minutes early, because I knew there was security to go thru and I needed to change out of my grubby jeans/Sturgis sweatshirt before the hearing. I got into my hearing about 20 minutes early, and was pleasantly surprised. The Judge was very nice (maybe being early so she could leave for Denver early helped ) and very "to the point". The supposed expert witness for SS had never seen me, had never even seen my medical records! The Judge just kinda shredded her! These hearings usually last about an hour, I was done in about 20 minutes, mainly because my lawyer and I were both prepared.

Now, the waiting game starts again. According to my lawyer, everything went very well and he is very optimistic! Of course, I hired a lawyer who limits his practice to SS disability cases, and he has a 98% win record!

Anyway folks, keep your fingers crossed for me!

Now, the real question of this thread! Why does it take a legal citizen of the US an average of 2 years to be able to get any help of this nature? If I was here illegally, I would qualify for cash every month, medicaid, housing, and food stamps. Since I am a legal citizen, all I qualify for is food stamps and reduced rent! (Oh yeah, I finally qualified for the free or reduced feminine exam this year! My appointment is Tuesday!)

[GGT]

Now, the real question of this thread! Why does it take a legal citizen of the US an average of 2 years to be able to get any help of this nature? If I was here illegally, I would qualify for cash every month, medicaid, housing, and food stamps. Since I am a legal citizen, all I qualify for is food stamps and reduced rent! (Oh yeah, I finally qualified for the free or reduced feminine exam this year! My appointment is Tuesday!)

What makes you think it's a citizenship issue?

Disability claims do take a long time, presumably to weed out fraud, but that doesn't do the truly disabled much good. Until you are declared Medically Disabled, the only aid you'd get as an adult with no dependents is for food and rent. Depending on the state, one may also qualify for partially subsidized medical costs but not necessarily Medicaid. Getting the female exams seems to prove that.

Good luck with your claim. How much is this SSDI lawyer charging, and how does he get his payment?

[oldmunchkin]

What makes you think it's a citizenship issue?

The Judge, actually! She told me, flat out and bluntly, that if I was here illegally I would have already qualified! You know, the "non" discrimination thingy and all that!

Disability claims do take a long time, presumably to weed out fraud, but that doesn't do the truly disabled much good. Until you are declared Medically Disabled, the only aid you'd get as an adult with no dependents is for food and rent. Depending on the state, one may also qualify for partially subsidized medical costs but not necessarily Medicaid. Getting the female exams seems to prove that.

Good luck with your claim. How much is this SSDI lawyer charging, and how does he get his payment?

The bad thing about the "free" female exams is...I didn't qualify as high-risk, even tho I had a medically called for hysterectomy 5 years ago, until this year. Hell, if there was any cancer at the time of my surgery that the doctor missed, it's now had 5 years to grow! (Yes, they told me then that they didn't "detect" any cancer, but there were PRE-cancerous fibroids taken out.) If I had been allowed to have this free exam every year since '05, it might be the difference between life and death!

My lawyer is being paid on contingency. If I win, he (and the law firm) get 15% of my back-pay. If I don't win, he gets nothing! I am responsible for paying him at the time of my first check, which, if I am approved, will include 22 1/2 months back pay as of the 26th when I had my hearing. Every day adds to the back-pay, plus that comes with interest and COLA increases, of which there has been 1 in 2008.

[GGT]

My lawyer is being paid on contingency. If I win, he (and the law firm) get 15% of my back-pay. If I don't win, he gets nothing! I am responsible for paying him at the time of my first check, which, if I am approved, will include 22 1/2 months back pay as of the 26th when I had my hearing. Every day adds to the back-pay, plus that comes with interest and COLA increases, of which there has been 1 in 2008.

This back pay sounds odd. Do you mean you're expecting almost 2 years of past disability payments in a lump sum, and agreed to pay the law firm 15% of that?

[oldmunchkin]

This back pay sounds odd. Do you mean you're expecting almost 2 years of past disability payments in a lump sum, and agreed to pay the law firm 15% of that?

When/IF I am approved, SS has to pay me from the date I first applied, which is January 12, 2009! And the pay structure for the lawyer is kinda hard to explain. He can get NO MORE THAN $2200, or 15%, whichever is SMALLER! It has something to do with it all being a Federal Program and whatthefuckever!

[GGT]

What did they tell you would be your minimum monthly disability check?

[oldmunchkin]

What did they tell you would be your minimum monthly disability check?

They didn't! That is decided at another level, I guess.

[GGT]

Looks like around $1,200/month. Those lawyers should have been able to explain that to you. If they have a formula they're using, why don't you know what it is?

[oldmunchkin]

Looks like around $1,200/month. Those lawyers should have been able to explain that to you. If they have a formula they're using, why don't you know what it is?

Since mine falls under SSI and not SSD, there is no formula. It just works that way. I would kill for $1200 a month, but in all likelyhood, it will be closer to $500 a month.

[GGT]

Since mine falls under SSI and not SSD, there is no formula. It just works that way. I would kill for $1200 a month, but in all likelyhood, it will be closer to $500 a month.

I don't follow. Yours is supposedly a disability hearing, that would be SSDI.

There are formulae for these things, and your lawyers know what they are better than you do, because it's their daily business. If their contract is for the minimum, it would behoove them to fight for 15% being equal or close to the $2,200.

Christ, our system sucks.

[oldmunchkin]

I don't follow. Yours is supposedly a disability hearing, that would be SSDI.

There are formulae for these things, and your lawyers know what they are better than you do, because it's their daily business. If their contract is for the minimum, it would behoove them to fight for 15% being equal or close to the $2,200.

Christ, our system sucks.

Yes, the system sucks! Anyway, I won't be getting "regular" disability because I don't have enough "credits". It will be the Supplemental Security Income, which means it's all up to whoever reviews the paperwork how much I get a month. At least, that's what the Judge told me!

[GGT]

SSI is not retroactive, unlike Social Security Disability.

http://en.wikipedia.org/wiki/Supplem...ecurity_Income

Good luck with this....

[oldmunchkin]

Yes, it is in my case, since, when I first applied it was as SSD, not SSI. Since that time, my "credits" are expired (or whatthefuckever happened to them) but it will still be retroactive.

[GGT]

Supplemental Security Income (SSI) uses the same disability criteria as the insured social security disability program, but SSI is not based upon insurance coverage. Instead, a system of means-testing is used to determine whether the claimants' income and net worth fall below certain income and asset thresholds.

Have you researched all this thoroughly, munchie?

[oldmunchkin]

Yes GGT! I have researched until I am sooooo fucking tired of government websites I could just fucking puke! I am NOT a complete idiot, ya know! I also researched my lawyer, and his law firm, thoroughly before I retained him!

[GGT]

I only asked because you said

my "credits" are expired (or whatthefuckever happened to them)

Our credits refer to the fiscal quarters of employment, hours worked, with deductions we paid into the system.

[oldmunchkin]

I only asked because you said

Our credits refer to the fiscal quarters of employment, hours worked, with deductions we paid into the system.

Yes, but a certain amount of them must have been earned in the last 3 fiscal years. Hell, I haven't had an "on the books" job since 2006, other than cleaning for the mayor/mortician which didn't amount to enough to make a fucking credit a year. So, my credits have "expired" as far as that goes. As far as actual Social Security, those credits never expire at all, but a certain amount of them need to have been earned in the last 10 years, unless you are disabled or retired.

[GGT]

but you are disabled, so I was just asking.

[oldmunchkin]

I know. I guess their formula is a bit odd, especially for someone on the outside looking in. I know I was clueless as to how it all is supposed to work until I got involved in the system!

[Dreadnaught]

It sounds like you're finally winning against a sluggish bureaucracy.

Glad you hired a lawyer. How will s/he be paid out?

[termite]

Congratulations on being disabled....I think....

[Hazir]

My god, it took them 2 year to process your application ? We get like 17 weeks to get it done with a single 6 week extension. After that people can put in a formal request for a decision we then have to take within two weeks. After that we automatically are fined on a per diem basis with a maximum of €1420. Two years would count as a due process violation with a much higher penalty by the courts.

By law that fine is taken out of our personel budget, which means management is near hysterical about not making deadlines.

[']['ear]

Yes, well we don't do things that way in the US.

[Dreadnaught]

Don't mean to start a fight, but this is exactly why I hate how we've structured our public sector workforce. An incentive like the one in Hazir's office would be instantly shut down.

[GGT]

Don't mean to start a fight, but this is exactly why I hate how we've structured our public sector workforce. An incentive like the one in Hazir's office would be instantly shut down.

So you'd prefer a more sssocialistic approach? The kind where public workers are held to a higher standard because they're dealing with public money? Why should that be a concept only certain European nations value? Better yet, why can't the US combine justice and thoroughness, and get government business done in a timely manner....when other nations seem to do that quite well?

[']['ear]

Because it's easier to bitch about government and then cut it's funding. If you actually did something about it, then your might be undermining your only viable campaign slogan.

[Hazir]

Don't mean to start a fight, but this is exactly why I hate how we've structured our public sector workforce. An incentive like the one in Hazir's office would be instantly shut down.

We aren't really civil servants. We are contracted by the state. That's why the fines really bite and why our procedures are speeding up. Ten years ago Munchkin's horror story would have been possible overhere too, now it's utterly unthinkable. The only way it could last 2 years would be if she herself specifically asked us to be that slow. And even then we might decide we don't want an undecided case on the books that long.

As of yesterday we have started a process that should result in objections being dealth with within 8 weeks. Central in the approach is that we immediately start calling people after we have recieved their letter (or fax or e-mail) of objection. That was already my standard procedure but now it's become official policy.

Another novelty is that we're accountable right up to the moment that our decisions have been executed. Sort of 'after-sales' service.

[Ominous Gamer]

Don't mean to start a fight, but this is exactly why I hate how we've structured our public sector workforce. An incentive like the one in Hazir's office would be instantly shut down.

Actually the Florida Food Stamp program here is required to process so many applications within a certain time frame. They have a quota that such a percentage has to be done within 14 days, 30 days and the rest within 90 days. They get through ~90% of them within the same working week. We even have an office that can print up a debit card on the spot if you qualify.

I don't know about fines, but failure results in disciplinary action, which would lead to firings and position restructuring.

[Hazir]

Since the fines are deducted from the personel budget they would have a similar effect overhere. One time I forgot to click on the box for an extension and the same day my manager demanded an explanation as to why I hadn't made the deadline (which I had by the way, just forgot the registration).

[']['ear]

PS Congrats Munchie. I'm sure this will vastly improve your quality of life.