Question on Disability Social Security.?

Question

Does anyone know someone that we can contact about a SS case that is stuck in limbo? My brother is a disabled little person (26 different bone disorders in one). He tries to work as much as he can, but it is really hard for him (he works 16-20 hours per week) and he can't afford to do anything. My dad has been helping him out, but he was just injured and can no longer work.

He applied for social security 2 years ago, and hasn't even been asigned a caseworker yet. We have tried talking to a lawyer, but he say that since he has not been denied yet that there is nothing they can do. How can we make the government either approve or deny him ASAP. He calls the SS office at least one a week, and they keep saying it is still in processing.

We have heard rumors that the government is doing this to many people right now, basically hoping for them to die so that they don't have to pay. I am not sure as to the validity of that, but I just want him to get what he should by law.

We have contacted others, even our state reps. Nothing we have done works.

He was told 5-6 months too, that was about 24 months ago.

It was my dad that was just injured, so he doesn't have the money to help support my brother. And thank you for the number, but I believe that one is on speed dial already.

My brothers medical file is like 2 feet thick. I am surprised he doesn't glow from having so many x-rays taken. His specialists fly in from around the world for his 6 month check-ups. The problem partially lies with the fact that no one else on the planet has the same combination of disabilities that he has.

Thanks

He is not aloud to appeal since he has not been turned down (at least that is what the SS office told us).

He has done everything that he was supposed to. He calls them weekly to get an update. He does not go there in person that often because the office is a 3 hour drive from home, and though he drives, 3 hours is too much.

Answer 1

I work at a law firm and we deal with this kind of stuff pretty often. Honestly, most people I've talked to that finally got approved for SSD worked on it for several years. It takes FOREVER to get it.

Answer 2

1

Answer 3

There is a lot that can be done. I am confused with all the additions to your question though, and I am a disability advocate, as well being permanently disabled myself. The language used in the process can be very confusing.

For example, you stated that a lawyer said your brother could not be represented yet because he had not been denied, then in your additions you said he had been turned down. Denied and turned down, are the same thing. An attorney should know this even if you do not.

Your brother is very lucky to have caring family members around right now. The best thing you could do for him is get his case into the hands of an attorney who handles disability cases, or even a local social worker.

This is just too much for you to handle. The SSA should not even be discussing his case with anyone except the claimant, his/her attorney, or a legal guardian if one has been established. By law, they do have to issue denials within certain time limits. If you are not automatically approved on the first run, it is probably best to get to the Administrative Law Judge as soon as possible. Unfortunately, a person has to go through all the other red tape before you can get in front of human being who has to authority to do anything more than recite what you can read for yourself at htttp://www.ssa.gov

If it isn't you, someone needs to make a serious study of that long and boring website. Someone representing your brother needs to be familiar with the language used by government agencies like the Social Security Administration. Until then, it will be very difficult to help, though there are many people who are trying to help.

Best of luck.

Answer 4

You said he was a "little person" I would imagine that they have an organization that may help as well. This one site mentions changes in the process and back logs of people over 1000 days. I think it's good that he remains current anyway. I went through this process back around 2002 but am still unclear as to why it was processed within 6 months. I suppose they process people with certain conditions faster than others. Your brothers condition sounds like one that should be handled the same way especially since it may be one that is usually considered terminal or a short life expectancy. You might consider getting more support through one of the current political campaigns. It's only my opinion that certain disabilities should have an automatic determination process for financial aid and housing. You haven't mentioned if he is currently on welfare. This should have been his first stop.

http://www.ssa.gov/dsi/

Answer 5

I'm sorry for your situation, and it's impressive how many follow up notes you've submitted. I am on disability (SSDI) and it took me about 19 months to get approved. That was in 2002, and since then I have read that the number of applications for disability have increased and the number of people working on cases has decreased -- so they are very backlogged. As long as you are sure they have received the application, you will eventually hear from them. It is *very* hard to wait, but he will probably get approved and when he does he'll get a large first check which covers all the months he waited. Also (from your initial question), you are not assigned a case worker, you just get approved and that is it. You continue to see your own doctors, and take care of your health needs. You are automatically eligible for Medicare 18 months (more waiting) after you are approved. Good luck to you.

Answer 6

To directly to this site (ssa.gov, listed at the end of this answer) & call their toll free number for an update. If your Brother has recently been re-injured, then he should file a new claim. Also file a State Disability claim with your local Employment Office & have your Brother apply for all state aid (welfare). He should get food stamps, General Relief (GR) or General Aid (GA), which is for single adults who have no children. If he is currently working, then he won't get the help that he should because he is OFF their radar. As soon as he starts applying for welfar, then he will be ON their radar & he will automatically start the ball rolling toward getting his SSDI for a physical disability. The welfare office should set up a doctors appointment for him OR your Social Security Office will have a list of Doctors for him to see if he needs medical help. Check out this link: http://www.ssa.gov

Answer 7

It took me 7 years to get mine.
I know the feeling it takes forever and they act like you want to be broke and wait and live on a limited income.
I felt like saying Hello do you really believe if I could work I would not be working GRRR
I actually tried to go to work part time and ended up in the hospital from it. Even with those records i still waited 4 years after that happened.

Have your brother go to Social Services they have a program for those waiting for approval that will give him a check and food stamps while he waits they will also assign a caseworker that helps the case proceed and it is free.

Answer 8

Be aware that Social Security uses the "Any Job" definition of disability. That is, if your brother is able to use his mind or intelligence to do a job of some sort, he probably will be disallowed/denied his SS Disability.

This is contrary to the "Own Job" definition of disability. That is where a person is doing a job and is accidentally disabled so they can no longer perform the same job they previously had. This is not used by the Social Security Department.

With the parameters of the SS Department uses, Dr. Stephen Hawking is not disabled. Quadriplegic, speech impaired, Nuclear Physicist, yet able to do a job because of his mind.

Kev

Answer 9

You are being given WRONG info. I filed for disability SS in May, just got a phone call from my county SS office, being processed right now. It takes 5-6 months to get a determination, was told that in person in May.
YOU GO TO THE SS OFFICE IN PERSON. Go in the middle of the month, not beginning of the month. He probably has been told this numerous times.
Like I said, you are not getting correct info.

Answer 10

Call your State Senator and give them the Details. I know a Woman who lives here in North Carolina that was going through the same crap as your brother and after she got in touch with the Senators office, it did not take very long for Social Security to do something...Good Luck

Answer 11

Your brother has a developmental disability. He should be applying for SSI. I think (but I am not positive) that his disability is one of the disabilities that you get a fast track to get approved for. (Presumptive disabilities that are always going to be disabling.) Does he fit: Allegation of bed confinement or immobility without a wheelchair, walker, or crutches, allegedly due to a longstanding condition––excluding recent accident and recent surgery;

If he is applying for SSDI that could be the problem.

If he was injured working o the job he should be getting workman's compensation.