My father had heart failure 18 months ago and has been deemed unfit to do his job which was a truck driver. He did not pass the DOT physical and applied for disabilty and social security. He is 58 y/o. He is having a very hard time with the process. They told him at the SS office that he was able to have gainful employement and did not qaulify. He has no medical insurance and is paying for his medication out of pocket. $300.00 month. How can we get him some additional help. I don't really understand what the problem is with him receiving these benefits, at his age, and condition he can't get a job that he has performed all his life. What do they expect him to do?
2007-10-04 08:47:28 · 9 answers · asked by elvisarron 1 in Politics & Government ➔ Law & Ethics
So he applied for disability and was denied? He can file a Request for Reconsideration if the last denial was within the last 60 days. Otherwise he'll have to file a new application, or have a good reason for not filing an appeal timely.
Contrary to popular belief, a person is NOT automatically denied when they apply for disability the first time.
If he does have to file a new application and is denied, file the appeal. If that one is also denied, he can ask for a hearing before an Administrative Law Judge. In filing this new application, he should submit any new medical evidence.
Without knowing more about the reason he was turned down it's hard to give any more specific directions.
He can have an attorney take the case, but the attorney can charge up to 25% of past due benefits PLUS his out of pocket expenses to obtain reports and testimony on your dads behalf.
It is NOT necessary to have an attorney in order to file a hearing request.
If his last application was denied within the last 60 days, ask for a Request for Reconsideration. You'll have to complete form SSA-561 which you can download off the website, www.socialsecurity.gov. You should also complete 5 forms, SSA-827, which will give SSA permission to access his medical records.
The webpage also has a lot of information about the disability process and we can answer many questions over the phone. Hang in there!
Social Security employee 18+ years
2007-10-04 09:03:53 · answer #1 · answered by Phurface 6 · 0⤊ 0⤋
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2016-10-08 06:03:27 · answer #2 · answered by ? 3 · 0⤊ 0⤋
He needs to appeal the decision. Depending on how long it has been since the denial and if this is his first or his second, he many need to request a hearing before an Administrative Law Judge. What is his education level? It sounds like he recieved a medical denial, which of the denials, this is the easiest to beat.
At his age and depending on his education level, I would expect him to be denied right off and then be awarded after he appeals. Not all cases get denied the first time, but about 95% do. However, he may have to go to a hearing. I would be intently reviewing his file to determine if he was a candiate for an on-the-record decison as a GRIDS case. This means that if he is approaching retirement age and his skills do not transfer into another industry. What would need to be proven is that he can not perform even sedentary work (Sitting). This is easiest to prove at the hearing level.
Check nosscr.org for attorney referals.
2007-10-04 15:27:41 · answer #3 · answered by turnerzgirl101 3 · 0⤊ 0⤋
They expect him to work in an office or a store or anywhere that a heart problem does not endanger everyone else on the road...
In approximately five years, he will qualify for social security retirement benefits, which are based on age, not disability.
2007-10-04 09:19:39 · answer #4 · answered by StephenWeinstein 7 · 0⤊ 0⤋
in assessment to SSI this is a welfare software, there is not any set earnings volume for Social secure practices advantages. the quantity of the Social secure practices earnings is desperate via ways plenty the worker earned. The decrease the earnings, the decrease the earnings. those salary earners who artwork and pay the optimal social secure practices tax receive a month-to-month earnings of over $2000. i don't comprehend what the minimum earnings volume may well be yet i'm particular it is below $a hundred according to month. $674 is the optimal SSI earnings volume for somebody.
2016-10-06 02:40:59 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If your father has a valid medical certificate that indicates he is not able to perform his job and is 100% disabled then he is eligible for SS disability.
Challenge the decision by SS. They expect that their initial decision will be challenged anyway and if your father's challenge is successful then they will commence disability.
Here is the SS site that should answer all your questions.
2007-10-04 08:55:12 · answer #6 · answered by malter 5 · 0⤊ 1⤋
Look for an attorney who takes plaintiffs cases against the Social Security Administration. SS people always deny disability claims. It must be some kind of a test to see if you are sincere.
Try www.handelonthelaw.com to see if they can give you a referral.
2007-10-04 08:52:40 · answer #7 · answered by regerugged 7 · 0⤊ 1⤋
He should be able to get early retirement since it's disability related. I realize this probably isn't going to be an easy task, and surely it will be full of bureaucratic nonsense...but it will work out.
Oh, and tell him not to vote republican next year...or you'll get more of the same.
If I were a Republican I would just tell you he is lazy....or I wouldn't even respond to the question because it involves a real life situation.
2007-10-04 09:04:17 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Hire an Attourney that deals in SS and he will more than likely get it. I can't believe the double standard of the SS when they will let some moron with ADD stay on it his or her whole life and never have worked.
2007-10-04 08:55:21 · answer #9 · answered by Anonymous · 0⤊ 1⤋