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How Long Must My Disability Last Befo...

Social-Security-Disability-Forum » How Long Must My Disability Last Before I Qualify  

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Melissa

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Posted on Sunday, June 03, 2001 - 2:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am exspecting in September. My work offers know pay for maternity leave. My mother told me to look into disability for maternity leave. (six weeks of course) She said that it may not be as much as I am making but anything is better than nothing. I am a military spouse but my income contributes to the monthly bills. Were can I go to find out more information on this. I know that my current employer will not help me with this.

Reply by Paul:
To get Social Security Disability or SSI, you must be unable to work for a year or more. There might be other sorts of state disability benefits, or contractual disability benefits, that I do not know about.
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Donnabutler1960@aol.com

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Posted on Tuesday, May 08, 2001 - 6:12 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I just had aorta valve replacement and will be unable to work for 6-8 weeks. I am a salaried employee in the state of florida, and my employer cut my paycheck in half. I questioned him about it, and now I think he is not going to even gve me that now. Basically cutting my legs off, and expecting me to walk back to him when I have recovered. Any help would be appreciated.
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Paul McChesney (Admin)

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Posted on Thursday, May 10, 2001 - 4:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Assuming that you actually will recover, there are no potential Social Security or SSI benefits for you. To get either of these, you must show that your condition is expected to last for a year.

You might have rights under Florida law that I don't know about. You might have rights under other Federal laws; I only claim expertise in the Social Security area. You should check your employee handbook and benefits books; you might have claims under these.

If you find out anything that might be useful to others, please be sure to post it back here for their benefit.
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D.GURGANUS

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Posted on Monday, July 09, 2001 - 11:47 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I HAD QUADRUPLE HEART BYPASS SURGERY FEB 9th OF THIS YEAR (2001). ON FEB 12th, 3 DAYS AFTER SURGERY(WHILE STILL IN THE HOSPITAL), I HAD A SERIOUS STROKE WHICH LEFT ME WITH DOUBLE VISION AND NO ABILITY TO WALK WITHOUT HELP. IT IS NOW 5 MONTHS LATER AND AFTER LOTS OF THERAPY I AM ABLE TO WALK UNASSISTED( BUT NOT VERY STABLE). THE DOUBLE VISION COMES AND GOES. I'VE TRIED TO WORK BUT CAN BARELY MAKE IT THROUGH A HALF DAY. MY QUESTION IS, CAN I RECEIVE DISIBILITY AND IF SO HOW DO I GO ABOUT FILING. I'M 56 YEARS OLD.

Reply by Paul The key difference between your situation and the one of the gentleman in the preceeding post is that it is not clear that you will be able to return to work within a year. You should file, and immediately. The process can take so long that if it is not clear that you are going to be able to go back to work after serious surgery, you should file as quickly as possible to get the process started.
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Patricia Bibb

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Posted on Monday, April 22, 2002 - 9:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Iwas off work for aover a year due to post tramatic stress disorder from a incident at work driving a school bus . Can i draw anything from social security for the time i was off filed for social security and was turned down .Filed suite against workmanscomp and the school lost that it is under appeal now i have acquired a lot of extra debt due to the circumstances do you have any soggestions.
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Paul McChesney (Admin)

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Posted on Wednesday, April 24, 2002 - 6:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you were out for a year or more, you are eligible for Social Security Disabilty, if you have worked enough, or SSI, if you are poor enough. Bear in mind that you do not have to wait a year to file; if your condition might last a year you should file.

There is often an offset for worker's compensation.
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Gloria

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Posted on Thursday, August 01, 2002 - 7:32 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul,
You answered an expecting mother recently who was inquiring about SSI or Disability while on maternity leave. How can she find out if her state offers other sorts of disability or contractual disability payments? Is there a website or number to call? I am in the same situation.
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Paul McChesney (Admin)

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Posted on Friday, August 23, 2002 - 5:28 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I really have no more knowledge than anyone else here. I can say that the best searchengine by far is www.google.com.
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deeVaught

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Posted on Friday, April 25, 2003 - 10:53 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my condition was diagnosed first in oct.2002 yet i continued to work up until i had to have surgery for it on jan 9 2003, was out of work until feb.21 and then could only work part time hours because of pain and swelling from surgery. come to find out the by pass graft that was put into my leg in jan, is going to have to be removed and replaced which means more time off work and to top it off, my manager more or less pushed me into quitting because i am going to have to miss lots of work. After this surgery coming up i am facing another by-pass in my other leg and well as one in my right arm. i have started filing for disablity and the lady there told me i had to be out of work for a year before filing, i have researched enough on here to know better. I flately told her she can not refuse to accept an application from me and before it will be over i will have missed more than a year of work and may not be able to work again. i have peripheral artery disease in both leg and one arm, as well as coronary artery disease. i do believe the lady at the office was put off by my age which is 40. question is:is the lady right and i have to be out for an entire year before filing?..dont think so but want to hear from the professional...thanks
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Paul McChesney (Admin)

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Posted on Wednesday, May 14, 2003 - 5:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Absolutely not!! You do NOT have to be out of work for a year before filing! Every three or four months I have someone come to my office and say they have been told this and it really upsets me. Many of these people have been losing their possessions waiting out the year, when that was completely unnecessary.

You should file as soon as you are out of work, even if you think it might be for a brief period, if it is possible it might be a longer one.

It is true that you will not ultimately get benefits if your condition was neither expected to last, nor did it actually last for one year. But you cannot know whether it will or not. If it might, you must file, to protect yourself in case it does.

As is explained elsewhere in this forum, it will typically take a year or more for your case to get to a hearing, where you have your best chance of winning it. By the time you get there, it will be clear whether your condition did or did not last a year. You even have an argument, admittedly a very difficult one, that where it was expected to last a year, you should get benefits whether it does or not.

Just file, and tell them that you expect it to last a year. If you cannot get them to take an application, hire an attorney.
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Annette Bailey

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Posted on Monday, May 31, 2004 - 12:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was diagnosed with rheumatoid arthritis in April of 2002. Since then my condition has gotten worse.Also I now have High Blood Pressure. I can no longer work as it takes me hours to do dishes etc.. without resting several times in between. Would this disease be considerd as a permanent disabilty? Please Help!!
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Paul McChesney (Admin)
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Post Number: 742
Registered: 5-2004

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Posted on Thursday, July 22, 2004 - 6:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Most people with a little age on them have some arthritis. But what they have is osteoarthritis, more or less from wear and tear.

Rheumatoid arthritis is a different, and more serious disease, that is caused when the body's immune system attacks the joints.

There are some great new medicines for rheumatoid, but it can still be disabling. It is certainly a permanent disability; if you can show that it is severe enough, you have a shot at a disability claim. More to the point, if you are not able to work, you should file.
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Paul McChesney (Admin)
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Post Number: 1079
Registered: 5-2004

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Posted on Sunday, March 12, 2006 - 7:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. Should my husband be working?

A. If he can find a safe job, sure.

Q. Should my husband be driving?

A. No!

Q. With his seizures he could get disability couldn't he?

A. Very possibly, if the truth is proved. It isn't always, though; see below.

Q. His doctor's actions will hurt him though won't they?

A. Well, I bet if you get a copy of his medical record it will show that he is not having seizures. It must, or the doctor would be risking trouble. Those medical records are also pretty persuasive proof that he is not disabled. What is he telling the doc? Do you know? How - He told you? Get the records or talk to the doc and find out.
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Anonymous
 

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Posted on Tuesday, April 11, 2006 - 3:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My was diagnosed with seizures in Febuary and the state has taken his DL for 6 mo. Is he eligible for disability? We live very far outside town.
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Anonymous
 

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Posted on Wednesday, June 21, 2006 - 9:34 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In the past five years I have had five knee surgerys the last was totally knee replacement.Still can't bend all the way problems walking,standing,sitting.can't work without being in pain.Doctor has been treating me for depression,adult ADD,and major backpains he believes caused by my knee &working on my feet for full 8hrs.Have enlarged liver,acid reluxe,problems with my stomach.My husband works.But my job pays health insurance &helps alot with bills.In the last 2years might have been able to work 7months.My son has AD/HD for past 7years i have had to miss work or leave work to get him from school.Can't afford to stay home to teach him.Do you think that my son &i would be eligable For S.S.disability?And my chances are for being accepted?
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Margaret Miller (Unregistered Guest)
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Posted on Sunday, July 09, 2006 - 10:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 56 years old and was just diagnosed with moderate to severe cervical spinal stenosis;spondylolisthesis and advanced arthritic disk disease with an unstable back. I cannot sit, walk or lay down without some level of pain and numbness in my back, buttocks and legs. I am scheduled to see a neurosurgeon next week. Do you feel I am a candidate to receive the social security disability and if so, would the SSA expect me to have back surgery before considering my claim. Until I meet with the surgeon, I am not certain what my options are but from what I've read, if surgery is available for some of my problems, it is not always successful or is only a temporary fix for a long term problem. I am not currently working but have have worked in the office setting for most of my life. Thank you.
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Anonymous
 

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Posted on Sunday, July 16, 2006 - 11:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

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