Disability Denial again and again

Discussion in 'Fibromyalgia Main Forum' started by Airborne6771, Aug 30, 2005.

  1. Airborne6771

    Airborne6771 New Member

    My mother in law has filed for disability due to Fibromyalgia among other symptoms and has been denied 2x and is waiting on her so called lawyer to call her with a hearing date. There are several "problems" with her case such as her lawyer is in Missouri and we're in NC. She's been sent to several doctors by disability but hasn't heard a thing. She's been waiting 2 1/2 years since her original application. She has now been waiting over 6 months for the hearing date. How long does this usually take? Not that I don't love my MIL but having her live with us is a strain on our family as she requires as much care/financial support as my children do. She's told me she can't file for medicaid or food stamps as that will interfere with her disability claim. Anyone know if there is any validity to this? Any assistance you can provide would be appreciated.
  2. Francey54

    Francey54 New Member

    Dear Airborne:

    I can feel for your mother in law. My case was finally resolved after 3 years. It is not unusual to be denied the first time, then again on reconsideration. A hearing with an Appeals Judge can take anywhere form 6 to 18 months. It is a battle but one that your mother in law can not give up on.

    It is very frustrating dealing with SSD, they give you no answer as to what their doctors reported.

    You mother in law if qualified can file for medicaid and food stamps. This does not interfere with her case since the medicad and food stamps would be temporary until she gets her disability approved. And even if she gets SSD, if the monthly benefit Is extremely low, she can still continue Medicaid and food stamps.

    I will pray that your mother in laws hearing is heard sooner than later, but be advised the entire process can take 2 or 3 years.

    Good luck.

    Hugs,
    Francey
  3. luv2float

    luv2float New Member

    I too have a NC atty. I was told that the wait for a hearing date is averaging 18 months in Charlotte, NC. I've also been denied twice.

    I don't believe the food stamps would interfere with her claim at all. Not sure about the medicaid. She needs to check with her atty or call the assistance center to find out for sure.

    I wish her good luck, if she is over 50 then she has a better chance than me.
  4. cjcookie

    cjcookie New Member

    disability. I get both and my lawyer AND the public aid office told me there was no problem with either. Of course, when she gets it, she may not still qualify for those depending on the amount of her disability pay and hte back award she gets. She may end up with a spend down on Medicaid. She should definitely apply for food stamps and Medicaid. If she lives with you and does not pay rent, this may affect her food stamps - she may not qualify.
  5. 69mach1

    69mach1 New Member

    YOU AKE YOUR MOHTER IN LAW DOWN AND APPLY FOR EVERYTHING SHE CAN GET, WHICH INCLUDES MEDI-CAID OR MEDI-CAL, FOOD STAMPS, AND CASH-AID.

    I RECEIVED SSDI FOR A VERY SHORT-TIME, AND I HAD NO MONEY, NO CHILD SUPPORT AND A CHILD TO SURVIVE WITH. WELL I DID GET ALL THE ABOVE. I HAD A TO HAVE MY DOCOTOR FILL OUT A FORM THAT STATED MY DISABLILITY SO THAT THEY DIDN'T REQUIRE ME TO WORK OR GO THROUGH SOME CLASSES.

    AND IT DIDN'T COUNT AGAISNT MY TIME ON WELFARE, BECAUSE I WAS DISABLED EVEN THOUGH I FILED FOR SSDI. I STILL HAVE MEDI-CAL. I'M NOT ON FOOD STAMPS OR TANF. AND I CAN'T WORK AGAIN.

    SSDI ONLY CARES ABOUT IF YOU ARE WORKING, NOT IF YOU HAVE MONEY IN A TRUSTL, OR FAMILY HELPING YOU OR WHOMEVER.

    BUT WELFARE DOES WANT TO KNOW EVERYTHING ABOUT HER FINANCES. BANK RECORDS, ECT. RENT RECEIPTS. SO I WOULD WRITE A RENT RECEIPT IF SHE DECIDES TO GO DOWN AND APPLY THAT WAY SHE CAN CONTRIBUTE SOME MONEY TO THE HOUSE TO HELP OUT. AND THE FOOD STAMPS WILL HELP FOR SURE.

    YOU CAN MAKE AN ANOYMOUS CALL IN AND ASK WHAT HAPPENS IF YOU DON'T CHARGE RENT TO YOUR MOTHER IN LAW, WILL THAT AFFECT HER CASH AID? AND DOES MOM OWN A CAR? STOCKS? THEY WANT TO KNOW EVERYTHING. YOU MAY NEED TO PUT SOME OF IT IN ANOTHER PERSON'S NAME SO SHE CAN GET HER BENEFITS. AND YOU DON'T TELL THEM WHAT YOU DID, OR YOU COULD SAY SHE GAVE THEM TO YOU. THEY WANT YOU REALLY BROKE, AND USE ANY MOIES YOU HAVE, DEPENDING ON FAMILY MEMBERS AND HOW OLD THEY ARE MAKES A DIFFERENCE ON HOW MUCH ASSETS SHE IS ALLOWED. JUST TELL THE OVER THE PHONE WHAT SHE OWNS AND ASK IF SHE WOULD QUALIFY. YOU MAY BE ABLE TO LOOK IT UP ON YOUR STATE'S WEBSITE.

    GOOD LUCK,

    JODIE
  6. catgal

    catgal New Member

    Hello Airborne~~Your MIL can get all copies of SSD exams/tests sent to her primary doctor, and he can show them to her or make a copy of them for her. I had 5 exams/tests, and had a copy of all of my exams/test reports sent to my primary physician who showed them to me.

    She should also be able to get food stamps without it affecting her SSDI chances. I don't know about the medicaid and other stuff. Depends on how old she is and what your particular state says what the specific low income level is as every state has a different qualifying low income level. Just call the Food Stamp program and ask what the qualifications are, and call or go to whatever agency deals with medicaid and other assistance and ask them to send you qualifying information. The more you know what assistance is out there, and what she can qualify for the better it will be for all concerned and hopefully reduce your household stress. For example, she may be eligible for home care assistance several hours a day even though she lives with you and your family. I know people who have gotten this for their ailing parents that lived with them, and it gave the family a break from having to take constant care of her.

    There are tons of resources out there for ill people whether they are on disability or not. And, there is usually a site on the internet that will show you all the various assistance programs for your particular state. ASK for help in locating this site by calling your state capitol or nearnest social services agency.

    While I was waiting on my SSDI, we found a ton of resources. Some I qualified for, and some I did not. But I definitely got food stamps. Plus, there is also cash and other resources for taking care of your MIL.

    It's all out there, but you have to ask and know where to look. I was fortunate and got my 100% disability (by myself) the first time out, and it took less than a year, however, while I was waiting--I contacted every agency including the state capitol to get directions as to where to go for all the resources including a website that listed all of my state's assistance programs. Within two months, I had two boxes filled with brochures, applications, and everything I needed or wanted to know.

    Hope this helps. God Bless You for being so kind as to take your MIL in. I know it can be a terrible strain on the family as a whole and individually--not to be mention the economic stressors. Caregivers not only have to be caregivers, but advocates too--and all this takes a toll. But know there is help out there for the "caregivers" too. So, just don't ask and look up assistance for her~~but for you as a caregiver also. It's out there...you just have to know where to look. So, start asking & calling, and don't be misled by anyone who tells you they don't think this or that assistance is available. It's available if you qualify, and you won't know if you qualify until you get the direct materials/information yourself.

    Hope this helps. Blessings, Carol...
  7. cindymindy

    cindymindy New Member

    Send in a statement that says the amount she pays you for rent. They also will ask if she helps out with other household bills.
    If you and your husband have a good income they can base it on just her. She just has to have another statement from you saying she purchases and prepares her meals and eats by herself. This is how it works in Indiana. I didn't look to see where you're from so the rules might be different. Good Luck.
    Cindy
  8. Airborne6771

    Airborne6771 New Member

    Thanks everyone! My MIL has lived with us for over 2 years and has NO income at all. Her only asset is a car which has a blue book value of $1200. We keep it only so she has a vehicle if she needs to go to the doctor, etc. It's been tough on us both financially and emotionally. We're a military family and my hubby is gone more than he's home. I don't know about your guys relationship with your MILs but it can be trying. We've acquired all her debts in addition to our own. She does have another son who won't talk with her because her daughter-in-law doesn't like her. We will definitely get out there and look for those programs. I've left it primarily up to her but obviously she has no need to find it as she's taken care of by us 100%. I don't mean to sound harsh. She can live on her own and did previously before she was fired from her job. I will burn the internet up looking for programs that will eventually help us all in one way or another. :) Thanks again for the outpooring of support and information.
  9. donnae197

    donnae197 New Member

    Hi Airborne6771,
    I know what you are going through. I'm now 37 and went through what seems like a million Drs before I finally received SSD. I was married to a military guy during this time and it seemed every time we were settled, we would have to PCS to another base. I'm in NC probably about 40 miles from where I think you are located. I have 3 attorney's that are friends of mine here and if there's anything I can do to help you, please e-mail me (donnae197@earthlink.net). NC is a tough state but she can win her case.
    Best wishes,
    Donna