Plan of Action Failed

[littlemaya]

It's been several months since I posted. The plan of action was to seek therapy locally. Since I can't afford therapy, and have no insurance, my only option was through the county.

I've been involved with county-based therapy on three previous occasions. Although it's not the best answer, I had determined that it was better than nothing. However, the local office turned me down because I don't have insurance.

Since my depression has always stemmed from a lack of options / lack of resources perspective, I've just been catapulted into the stratosphere on the depression continuum. Our government at work.

I have had severe spondylitis for 11 years. My entire back is in pain 24/7. I have six compression fractures (vertebrae) and two shattered disks. Since I couldn't get a doctor to understand how dire my situation was five years ago, I had no choice but to quit my job. I've applied for disability twice and for Medicaid twice. Since the government has decided that I'm not disabled, I spend about 18 hours a day in bed, and literally push myself to take care of myself and my husband, a four-time stroke victim.

What does a person like me have to do to get a little help?

[David O]

Hi littlemaya,

I've never had the kind of physical pain you have but know that one's world can get very small when the only thing they can concentrate on is the pain itself. On top of that, the caring for your husband must make it even that much more difficult.

I've done many evaluations for the state disability board where an administrative law judge determines need based on the recommendations of the evaluating psychologist or psychiatrist. The key for me was whether or not the patient could convince me, w/o stretching the truth too much, of their need. At the end, we make a determination of severity and the judge takes it from there.

Is this how it's done in your state? If so, what are you being told are the criteria that need to be met? Ask around. You may even need to hire an attorney to push this thru... it will be well worth the effort. The attorney can be expensive, but most are expected to do some pro-bono work and you could see if they'll take this as pro bono or on the lower end of their sliding fee scale.

Good luck and I hope this helps.

[littlemaya]

Hi David --

I was hoping for a quick reply, as I managed to work myself up over this matter. Just getting a response has calmed me down.

I had an attorney the second time I applied for disability. We took the claim to the point where I would've had to sue the government in order to get their attention. I couldn't afford to do that.

While I was waiting for the wheels of justice to turn, my eligibility ran out. I was told that I would have to work another five years in order to apply again. I am not physically capable of doing so.

There doesn't seem to be an answer for me at the moment.

[David O]

littlemaya,

This doesn't sound right. There are thousands upon thousands of people on disability for decades at a time and w/o having worked in the last 5-10-15-20 years. Get a free consultation from another attorney, one who specializes in disability law. This should give you an idea of where and how to move forward. I could be wrong (probably so), but my sense is that you might have gotten incorrect info.

[mscat]

Hi there, littlemaya,

I agree with David O on this one. Their are 2 different programs for disability in the United States. SSDI, or SSI . I think that if you had indeed applied for SSDI , this may hold true. Because a person needs to have obtained enough work credits in order to qualify for this program. After so long without working, it does affect your credits. That is what I believe may have happened .

However, SSI, the other program for disabled individuals , does not look at work experience. This is a income based program , and those who qualify are disabled, who do not have more then $2000 worth of resources. It is for lower income , disabled individuals.

Usually when a person files a claim for disability it is for either or these two types of programs.

I know you have applied twice, However you can always fight again, to win your claim, get a good lawyer, one who only gets paid when a claim is won. There is a income cap on just how much a lawyer can be paid.

YES, it is time consumming, frustrating, and can be a totally exhausting experience to fight for benifits, especially after trying twice.

One important thing that always strengthens a claim of disability is to be going to the Doctors who support your claim of disability.

Your right , that social security looks at the severity of the disability, +how it affects the overall functioning in a persons daily living. Do not give up though . I have not heard of fighting a claim to the point where it is at the level of sueing the government.

It is a matter of appeals and more appeals, + having more /new evidence to support your claim of disability.

I have known and seen people fight their claims for yrs, and never giving up. This is the best way to go, and if you can, IT IS BEST NOT TO start over on your claim. Because , starting over , will overturn all the hard work you have put into winning the inital claim, then u lose all the backpay benifits from the years that you could have claimed disability before starting over.

I know that this can go all the way up to the supreme courts. I have not heard of anybody having to sue the government , Not sure what that means .

You can go to the Social Security Administration Website , look of the Blue Book .It has all the listings of impairments , that Social Security defines as being disabled in very clear and detailed manner. However, even when their is something you have on the list of impairments, it still has to do with the level of severity of the disabling conditions .

ALL of what your suffering from needs to be included in your claim. The depression, and back issues, especialy the back issues as severe and painful as this is for you , ought to carry good weight on a claim for disability.

mscat

[littlemaya]

I appreciate the replies. I will look into this again.