Jump to content

SSD question


Connie B

Recommended Posts

Hello All,

I just have some simple questions for some of you.

How many of you applied for Social Security Disablilty after you were diagnosed with lung cancer? And if and when you did, what Stage were you when you applied? Were you approved when you applied or were you declined?

The reason I ask is when I was dx.d 10+ years ago being a Stage IIIA, Socical Security told me I didn't qualifiy for Socical Security Disability. Yet, NOW I am hearing that Stage IIIA LC patients are applying for SSD and are getting it on the frist try. :?:shock::roll:

Link to comment
Share on other sites

John applied and qualified at Stage 3b--but I think the main thing is what your doctors say about whether you are able to work. Our doctor filled the forms out and stated he was unable to work due to fatigue etc. (ok and to be honest he stated his condition was terminal). I remember that David A had to go to an independent physician chosen by social security to be evaluated. He was also a 3A. He was approved and got back pay. So I think Connie that it really depends on your doctor and what they say as to you being permanently disabled.

Link to comment
Share on other sites

Connie,I applied after my lung was removed and was approved with no questions asked.Most people here in Pa are pretty much approved regardless of stage.It is however a 6 month waiting period to recieve benefits.It is paid retroactive but you still need to wait the 6 months to get any money.

I could be wrong but I think lung cancer is an automatic approval.

Link to comment
Share on other sites

Yep, I know that Stage IV is automatic, but I was told that stage III wasn't. And NOW I am hearing of people dx.d with stage IIIA or IIIB and they are being granted benefits right off the bat! :shock::?

I have an Attorney that I hired to see if I can collect SSD. He said I have a very good case. I asked him if it made a difference what the doctor's said or how they worded things, and he said NO! He said SS goes by the book and no matter how a doctor would word things for cancer or lung cancer patients, they only see what the book states. And it doesn't state anything about Stage I, II, or III. It does state TERMINAL and they DO consider Stage IV and Small Cell Cancer as Terminal. He did show me that in the SS Book of rules. :roll::x

Even though I paid into SS for 24 years of my life, I don't qualify for disablity because my cancer wasn't consider life threatening. YET, if someone comes here from another Country and does NOT SPEAK ENGLISH and becomes a Citizen THEY qaulify for Social Security Disablity because they don't speak English and THAT is considered a Disability. They don't even have to pay into SS to qualify for it. :? I also saw that in the SS HAND BOOK!

Well, I just don't get it!!! :?:roll::twisted:

Thanks for everyone's two cents. It's all very helpful.

Link to comment
Share on other sites

Connie-- I would also think your heart issue would add to your case, not just the cancer. Good luck. You know we really need a SS person to volunteer in the Experts section. :lol: It sure was nice when Norme was here to help with these questions.

Link to comment
Share on other sites

Wow Ry wouldn't it be nice if someone that worked for SS would come and volunteer some helpful info?? WOW, what a good idea.

Yes Ry my heart WOULD qualify me, but don't have any credits for that. I haven't worked in over 10 years, so my heart problems don't count! :roll:

Thanks kiddo, all comments are helpful and appreciated.

Link to comment
Share on other sites

I am not sure about my mom, I will ask her.

However, seeing who does get disability from social security in the employment lawsuits I deal with, you should DEFINATELY get it.

I personally don't know how good they are, I never worked with them except to subpoena records to get someone's social security disability records, but I do believe they are national (see them on tv), and I have seen them successful in getting social security disability in cases far less serious than lung cancer, the law firm is Binder and Binder.

Link to comment
Share on other sites

Connie,

I helped a few friends with it.

the law of SSD in the States is:

You must be unable to do work you did before and we

decide that you cannot adjust to other work because of a medical condition.

Your disability must last or be expected to last at least one year or to result in death.

I could get all the notes I took on it,

I'm doing that since 1999.

xo

Jackie

Link to comment
Share on other sites

Wow, this thread certainly got my attention. Connie, it seems disability benefits are difficult for legitimate benefactors to receive. True story, I hope it doesn't further infuriate, but I feel so compelled to share:

My 46 year old stepbrother who has been a lazy SOB (and no he's not short of breath :wink: )his whole adult life, never paid child support for his five children and never paid enough into social security to qualify for SSD just won a $36,000, Supplemental Security Income settlement. The ex-wife won't be able to touch a dime of it and he's many thousands of dollars in child support arrears, but I digress. He will also be receiving about $900.00 per month for the rest of his life. His disability? He's illiterate. The system is so unjust.

But I've got a question for you guys. My Dad was diagnosed about 11 months after he started collecting Social Security because he came of age. Would he be able to claim SSD and receive a larger benefit than he does with his regular Social Security? He was still working at the time of diagnosis.

Good luck Connie, hopefully your settlement will include benefits denied for the last ten years!

Link to comment
Share on other sites

My dad did - he was stage IIIB and he was accepted first shot (there was something like a 3 mo wait though - I can't recall exactly). I believe they did say though he was terminal and I think since he was a driver in the city his type of work he couldn't do with chemo/radiation. But I'm not really sure about the "wording" used.

I just saw the other message regarding SS Dis vs SS. As I understand it my dad at 62 was able to get SS Dis. At 65 he would get only SS. And yes SSD is more than SS from what I understand.

Paula

Link to comment
Share on other sites

I don't know if the SS laws were different back then than they are now, that might make a difference on who would qualify then as opposed to now? Don't know.

My dad qualified right away- he was dx. at an extensive stage, however the SS representative that qualified him over the phone did so right away upon hearing the LC dx. without asking what stage he was in. (The documentation was sent in later)

I hope your attorney comes thru for you. You deserve it.

Hugs,

Link to comment
Share on other sites

Thanks everyone for your support and information about this.

I wasn't going to do anything about it because I figured why? What a hassel! Well, people and friends were screaming at me, go for it, you deserve it, you paid into it, etc. etc. I tried three time within the first 7 years of me being dx.d., and every time they declined me saying my cancer was not life threatening. I tired the first time when I was going through my treatments, and they declined me right over the phone. :shock:

My attorney said, "Thats there job, and if they can get by with hit, they will keep declining you". And that's just what they did. And I never put up a fight, because I didn't have the stamina to fight with them.

Still don't which is why I hired an Attorney.

Hey Sheri, I know just what you mean about your lazy SOB BIL! I have a few relatives just like him and they TOO are getting SSD for the rest of there life. :twisted: I got one that is a worthless drunk at the age of 48 and can't hold a job because he can't stay sober, but by GOLLY he qaulifys for SSD. Because it's in the SS book that alcoholic's and drug addicts qualify for it. And I know how serious those diseases are, but it sure does rub me the wrong way to know they can collect and I can't? My attorney said these laws have been the same for years. So, Katie, I honestly don't think the laws have changed in the last 10 years.

My Social Worker friend can NOT believe I was declined. Oh well, wish me luck because I'm going for it. I should hear something as to when my court date is next month, I HOPE. I'll keep you all posted. What a bag of crap this is! OH WELL, it gives me something to do! :roll::wink:

Link to comment
Share on other sites

Connie,

I was stage III and got SSD, no hassle. I had to wait 6 months and they paid me back pay. Had no problems at all.

I have Norme's phone number. She used to work for Social Security. She helped me with my claim, explained how it works...

I don't understand why you wouldn't qualify, unless there is a time limit for the LC. They probably consider you cured...

Karen

Link to comment
Share on other sites

I have Norme's number also. Thanks Karen, but I did apply during my treatments and then I applied 6 months after treatments, and then I applied 3 years ago and each time they said I didn't qaulify. This last time they said I didn't qaulify because I didn't have enough working credits. I hired this attorney last April and he said it will take about 18 months before we settle this. He said I WILL get whats coming to me. We just have to play there game. :roll:

But it just pisses me off to know others get it just like that, and I didn't yet we have the SAME STAGING! All my doctor's told me I should have qaulified as well. :shock::? So go figure!

I'm the one they wanted to pick on. HUMMM!!! There lucky I lived long enough to fight this. Yep Frank I don't think they thought I would live long enough to collect. Hell I didn't think I would live long enough either. :shock::roll::wink: I'm going to give it a shot.

Link to comment
Share on other sites

I was never given a stage for cancer. I drew short term disability from work when I started treatments and continued STD after surgery. I applied for SS 2 months after surgery. They started my 6 month wait period the last day worked. Therefore I did not have to wait any longer. From the time I signed up I had the approval in about 4 weeks.

A word of advice here...Keep a copy of EVERYTHING you send them. You will often get repeat form to fill out saying they never received the orig one. Perhaps they did get lost and then again perhaps they are looking for different answers to same question.

As far as no credits in last 10 years goes, I know friends that had to settle for SSI because of this. This is lower payments and no medicare to go with it. Also different rules apply afterward such as any money you receive from most any source (even auto accident) is counted income and is deducted from check. Had one friend receive 1000.00 from auto and SS took it as income and held 2 months check for it. Hope you can go back to 10 years ago and qualify for SSDI. Hope this helps. Oh, I did have to take a PFT test for SS. Don't understand why 1 lung didn't qualify you 10 years ago.

Link to comment
Share on other sites

Yep Jamie, I did read the info on the SS Internet, and what the Internet says and what there BOOK says are somewhat different! :shock::evil:

On some of my Medical Reports (10 years ago) they say I am a Stage IIIA and some state I am a IIIB. They said IIIA before surgery and after surgery I became a IIIB. They knew that back then.

My Attorney said he's not clear as to why they denied me back then. It didn't make sense to him either. Now he said they will denie me JUST BECAUSE and because I have been denied three times prior! And he was right.

But we are going back to when I was diagnosed July of 1995. I had all the credits in the world back then, because I had worked up until my surgery.

I may not get 10 years of back pay, and that's fine but my lawyer said I should get at least 6 to 7 years of back pay, but he was going to go for 10 years. This Attorney I have only takes on people that are denied from SS. So this is his specialty and he's been doing this for 27 years now.

I have copies of all my papers Bruce. And your right about them sending doubles to you and saying "Please complete this forum within 10 days or your claim will be dropped." Then they go on to say they Never recieved it the first time. :roll::evil: First they Threaten me, they they LIE TO ME! :twisted:

I do know a few other people that got Jacked around like I have, but they stayed at it and won, and I didn't fight it back then. :oops::roll: I just gave up and gave in. DUMB on MY PART! :roll: They scared the hell out of me and it worked and my lawyer said they like to do that also.

I filled out all the papers and answered ALL there questions last May with my Attorney, and in Sept of 2005 they sent me a letter saying I did not Quailify for SSD. I honestly don't think they even said WHY! I will have to look at those papers again. (memory isn't what it use to be)! :roll:

Well keep the info coming in. This is bull crap and I'm not giving in or giving up this time.

Thank you everyone for giving me such wonderful help and good ideas. I honestly appreciate your help and input. THANK YOU!

Link to comment
Share on other sites

Connie,

Not that this will help you, but FYI my mom got approved right away with IIIA two years ago.

Maybe the fact that she is fluffy and diabetic added to it? She didn't have medical problems relatd to the fluff or sugar issues though at time of diagnosis, except to be scolded by some doctors.

Good luck!!! I hope the attorney WINS for you

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use.