I’m writing about this topic because I am once again exasperated by another person’s battle with the Social Security Administration. I recently read a post by Blindbeard (a fellow MS blogger) about her third social security disability insurance rejection. Reminds me of my own battle, which after 2 1/2 years, has finally been won.
I first filed for disability in February of 2006. I had just been layed off from my part-time job with a local library, after various attempts at modifying my hourly schedule, taking unpaid time off, and modifying my amount of bending, reaching, walking, and so on. I was there (both as an employee and a volunteer) for almost 2 years. The reason for my termination was clear: the inability to keep a regular work schedule. At the time of dismissal, I was down to about 15 hours a week. My employer (bless her) gave me a written and signed letter about the reason for termination, which I sent in with my disability application.
I was rejected the first time in July of that year. I heard this was standard, unless the claimant was completely incapacitated or had additional complicating medical conditions. So I contacted my local MS Society chapter and asked them if they knew of any reputable disability lawyers. I called the first one on the list.
My lawyer had us send out the first appeal and new supporting medical information. He told me this process was usually pretty quick, because the appeal would most likely be rejected and we’d have to make a second appeal to go to court. Still, I did not receive the second rejection letter until early 2007. The next step was to file another appeal, which would get us a hearing with a judge. That was filed in March of 2007 and in April I received my letter saying to gather as much medical evidence as possible and wait for the court date. My lawyer contacted any relevant doctors I had seen in the past 3 years (neurologists, primaries, and neuro-opthamologists.) I waited for my letter telling us to appear in court.
Finally, a year later— March of 2008—- I received my letter about appearing before a judge. My lawyer had me get a medical questionnaire filled out and signed by my neurologist. Apparently judges respect signed questionnaires, but not medical records. I did just that, and pestered my neurologist, who is very accommodating, until the questionnaire was in my hands. Basically it indicated that I cannot work a regular (even part-time) schedule outside of the home. Dah.
I’m happy to say that we had our day in court this June. 10 minutes of the judge verifying that I have not had gainful, full-time employment in about 5 years, and have ceased to be able to even work part-time regularly since 2006. He loved that stupid questionnaire! That was all it took, after more than 2 years of struggling.
I have to say that I am still waiting for the benefits to start coming. The judge said it could take 60-90 days. My husband and I are hoping for something in early August. I have had sporadic, at-home work and a little outside work in the past 2 years, and we are completely broke. Our out-of-pocket premiums for our health insurance are now $775/month, and we are in a little bit of debt (again, it could be a lot worse.) My husband doesn’t make a ton at his small company, which he has been at for 2 years. It’s awfully hard to live on one income these days, with staggering gas prices, outrageous mortgage payments, and other basic costs of living. Thankfully, our parents have helped us keep our debt from spiraling out of control.
This is the kicker: a person on social security disability insurance (SSDI) can still make some money on top of their payments with part-time employment. So as a person is going through the whole rejection process and feeling guilt and uncertainty because he or she wants to work, doesn’t want to milk the system, or maybe is able to work a little, after winning and receiving benefits, it turns out it’s still okay to do a little work. Weren’t they just telling us we’re capable of work so we don’t qualify for disability?…….
