Huntington Disease Lighthouse Families

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disability advice please!

Posted by ljgreen 
disability advice please!
January 03, 2012 05:36PM
I need some advice/insight into obtaining ssi disability for my husband, or maybe just some vent space. We work with the COE at UVA. We have been put into contact with an advocate reccommended by them. The advocate continues to say that my husband doesn't have enough medical documentation to support a claim. We have done two rounds of psych testing and the reports both reccommend disability. When he gets hurt, he often refused to go to the doctor, so there trully isn't a lot of medical info. Our neurologist has written a letter saying he should be considered disabled. My husband hasn't worked in over a year, and now his unemployment has run out. We have three children and I just don't know how I am going to make ends meet. I worked another job when he was first laid off, but he had a really difficult time taking care of the kids when I wasn't there, it just wasn't a good situation for anyone. I make too much money on paper to qualify for any assistance. His family is really pressuring me to apply, but our advocate thinks it's pointless. Our advocate doesn't get paid unless the claim doesn't go through, so it makes no financial sense (for him) to wait until he thinks we'll be approved, if he wanted to make money he would have had us apply right away. However, he won't tell me what we need and he never contacts us, or anwers my emails. So, can anyone tell me what the heck they are looking for? I'd appreciate anything anyone wants to share about the best way to meet the requirements needed in VA. to support a claim. I feel like screaming-it's so frustrating that he has worked like a dog his whole life and we can't get help now when he needs it, especially when I see some of the people who are on disability!! They told us that stopping working would slow the progress of the disease, and it has helped tremendously, but now we are in a catch 22 where he is too disabled to work, but not disabled enough for disability. thanks
Re: disability advice please!
January 03, 2012 06:36PM
[www.socialsecurity.gov]

This is the link to apply for SSDI. You can fill out the generic stuff yourself and your neuro can fill out the rest. Gather up all of your medical info and apply for SSDI yourself. Even when we need to update Laura’s medical records, the neuro fills out the papers. Here is Phil Hardt’s page about SSDI.

[www.hdlf.org]

It is not clear to me what your advocates function is.

Laura & Pete
Re: disability advice please!
January 04, 2012 10:16AM
Please look at Phil Hardts articles on this web site and follow everything he says to do, you will have a much better chance of getting approved. i was approved and am having more cognitive issues than physical. I don't know if you can private message me but if you can please feel free
Re: disability advice please!
January 04, 2012 10:21AM
Absolutely on the Phil hardt stuff. I sent my husband in with that and he was approved on first shot. Our COE worked diligently on the application (I'm not always a fan of them but they did right on us with this) and COMBED the file for something physical to put on the app. In the end the eye saccades and gait were what they were able to put.
Re: disability advice please!
January 04, 2012 04:23PM
I know it all seems so complicated and difficult. But what needs to be on the SSDI application is certain wording which fits the criteria for the approval. The others are correct. Just work it all to fit the criteria that Phil suggested and make sure that the neurologist understands how to say what is necessary for approval....basically that he can no longer perform his job at the level he once did. You will be successful but you must keep being aggressive and not take no for an answer.
Re: disability advice please!
January 04, 2012 05:25PM
They are looking to see if he still drives, cooks, going grocery shopping, cleaning, mowing the lawn etc. basically he has to have stopped doing pretty much everything he used to do, so you will have to put on the application that you do everything now, Phil Hardt also has some good pointers as far as what brochures to include in the packet. You also have to emphasize that the disease will get worse as time goes on and that this is a fatal disease
Re: disability advice please!
January 04, 2012 09:01PM
I go to the UVA COE as well. I sent a PM with my email so hopefully we can get together tomorrow and I'll let you know who I used to get my SSD approved. I know it's difficult but hang in there.

Patty
Re: disability advice please!
January 05, 2012 12:39PM
See my husband still does all of those things. He is also now in school. However, he was out of work for over six months when he applied.
Re: disability advice please!
January 06, 2012 09:11AM
to me it seems like he would not fit the criteria and you need to be very careful about the timing on your app, because if he gets denied then there are some timelines that need to be followed as far as I think you have to wait a certain amount of time before you apply again (like years?) not sure though
Re: disability advice please!
January 06, 2012 09:56AM
I agree that using Phil Hardt's guidelines on this site for ssdi are the way to go. Whoever this advocate is, dump him and move forward on your own. There are timing issues also...I think you cannot file until off work 6 months and then I think also there is a point at which you are off work too long before you file and cannot qualify.
Good luck,

Carla
Re: disability advice please!
January 06, 2012 12:29PM
There are no time limits per se. Theoretically you can apply the day after you stopped working. If approved, payment would not start until the beginning of the sixth month of not working. You can apply at anytime after becoming disabled (even several years later), however, the maximum retroactive benefit is 12 months from the time of application. You can reapply after being rejected, but you would have to show a change in circumstances to be successful. The normal procedure would be to appeal the denial first. This can be a lengthy process, therefore it is best to get it right the first time. The application process is really quite straightforward and should be followed precisely. Supporting statements by your doctor are of utmost importance. SSDI is a federal program and the requirements in Virginia are the same as in all 50 states. I do believe though that regional biases may exist. I do not understand what capacity your "advocate" serves you in, bit I can say with certainty that he is not helping you. Nobody should be paid to help you with filing an initial claim, and the statement that your advocate will be paid only if you are unsuccessful is ridiculous. You are either misunderstanding him or he is a fraud. My daughter who was diagnosed with HD at 21yrs old, applied as soon as she was diagnosed and only weeks after stopping working. The only assistance she had with the application was from me (full disclosure: I am a retired attorney), and she was successful on her first attempt. Please stop listening to whomever is advising you (your advocate) as he is doing you a great disservice.



Edited 1 time(s). Last edit at 01/06/2012 12:33PM by howard.
Re: disability advice please!
January 06, 2012 03:16PM
My husband applied as soon as he was no longer able to work. We filled application out on line, it was very easy. The doctor's choice of words is key. My husband was approved without any trouble. Just go online and check out the application. If I remember correctly you can start it and save it without submitting it.
Re: disability advice please!
January 06, 2012 06:36PM
I am not sure that determining disability is based on not cooking driving etc. I think that it means that the person can't function independently. So not cooking means they can't execute the shopping, organizing thoughts to prepare meals cooking without the posibility of danger, dropping things etc. I think that you have to say things about times that he messed up on these functions and be specific about what happened.
Does he do taxes, write all of the bills correctly, remember to pay them on time? Is he able to think properly about all aspects of home care? Is he able to make quick decisions about driving etc. Has he had any tickets? Is his personality level or does he rage suddenly? These are all specific signs.
Re: disability advice please!
January 09, 2012 07:48AM
kimmie Wrote:
-------------------------------------------------------
> They are looking to see if he still drives, cooks,
> going grocery shopping, cleaning, mowing the lawn
> etc. basically he has to have stopped doing pretty
> much everything he used to do, so you will have to
> put on the application that you do everything now,
> Phil Hardt also has some good pointers as far as
> what brochures to include in the packet. You also
> have to emphasize that the disease will get worse
> as time goes on and that this is a fatal disease


My wife won her disability hearing (second appeal) five years ago and to this day, she does limited cooking (as much as it interests her), she drives, and she goes to the grocery.

I believe what needs to be emphasized is that HD is disability in which one cannot do a month's work without taking 3 or more "sick days" do to the disease and the inability to get out of bed. It's a consistency and competency issue more than it is "can you still drive?". I will read more of this thread and comment later as I have skimmed it. It is very important that you have your doctor or neurologist write a letter stating what is going on with HD and why the patient cannot work.

I'm sure that Phil Hardt covers that much though I have not looked at his advice documents in years. Good luck and I will return to this thread as we all need to work together and share experience so that we all get a just outcome! Ty
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