Poverty
Related: About this forumCousin, 62. Diagnosed with degenerating spinal disks. Receives some public assistance.
Does she need a lawyer to apply for S.S.?
JenniferJuniper
(4,548 posts)certainly not the first time she's tries at least. It's helpful to read up online about other people's application experiences and even more helpful if she knows someone who has successfully gone through the process.
She should be able to check the SS website to see if she has enough quarters of work for SSDI or SSI and she should know that there is a five month waiting period before any benefits are paid.
They turn everybody down and then you appeal. Most of the lawyers who specialize in this area work on contingency only so you only pay if you win. It comes out of your benefits. My understanding is you have to be able to figure out a way to live for two years without making money. It is a brutal system.
PoindexterOglethorpe
(26,771 posts)And yes, if you are disabled before age 62, the youngest you can apply for SS, then you do need to figure out how to live until you can finally get that.
Read my post #3 below.
PoindexterOglethorpe
(26,771 posts)You might have been thinking about Social Security Disability, but once a person turns 62 it's simply Social Security. Yes, her payout will be less than if she could have postponed it for several years, but she'll get what she's earned.
I used to work for an attorney who handled SSDI appeals. What I learned was that the amount of documentation needed is mind-boggling, and the reason most people were turned down at first was that they didn't understand how much documentation they needed. It is absolutely NOT true that Disability claims are always turned down the first time. Things like your age, and exactly what went wrong do factor in. When my brother went blind at age 50 he was immediately accepted for SSDI.
Another thing that people don't understand is that the government tries to figure out if there is any other work that person can possibly do, and if there are jobs of that kind where they live. It's all very complicated.
But to repeat myself, your cousin can simply apply for Social Security and should be getting her first check very quickly.
JenniferJuniper
(4,548 posts)Someone who is 62 does not qualify for full Social Security. That's almost five years away.
If someone qualifies for full SSDI at 62, they'd collect considerably more money than Social Security would pay at 62. Checking my most recent statement, in my case the SSDI payment would be over $600 more a month than collecting SS at 62.
So while there is no waiting period, SS will likely pay substantially less. And then there's the early availability of Medicare which one cannot get prior to age 65 otherwise.
If the application is successful, the five month waiting period may be tough. But it would be paid retroactive from date of disability. Bottom line, anyone who is disabled and considering an early retirement instead of SSDI should carefully check the numbers first and consider health insurance issues.
PoindexterOglethorpe
(26,771 posts)But she needs to research very carefully just how much documentation she is going to need. It is an insane amount. A simple note from a doctor saying, Yes, this person is disabled and can no longer work is simply not sufficient. She will need to produce copies of all of her medical care in recent years, as well as an assessment of how well she can handle normal activities of everyday living. Those are just two of the things I remember from working for that attorney.
I actually spent most of my time when I worked for her going to the local social security office and photocopying client files that were often six to eight inches thick, sometimes more. I also sat in on one actual meeting with a judge, and that was likewise enlightening.
OldBaldy1701E
(6,477 posts)Whether or not she needs one. I will not go into this further, because I do not wish to spend the next three days ranting around the house about this topic. Suffice to say, it sucks that one has to be all but dead to get it.
MLAA
(18,653 posts)I did in online in about 10 minutes. I immediately got an email that my application was received. Less than 2 weeks later it was approved and first payment about 30 days (today!) later via direct deposit.
Best of luck to your cousin.
EmeraldCoaster
(134 posts)Sorry but true.