# Need disability filing info.....



## Colleen (Jun 7, 2021)

Hubby, who's 80, was recently diagnosed with spinal stenosis and is scheduled for a laminectomy on 6/21.

This morning we were talking and I jokingly said..."I wonder if you can be qualified for disability." Then, it got me thinking.....in 2012, he fell from a ladder and shattered his left ankle. His foot was unattached to his leg because the bones had pulverized into nothing. He had emergency surgery to try to save his foot, which, thank God, they did, but he required 4 more surgeries within 10 weeks to try to get rid of an infection, remove all the hardware, and pack the ankle and top of his foot with calcium packs.

It was a tough go for months, but he made it and has to wear a specially made leather brace on his ankle to keep it rigid. He walks with a limp and has to be very careful how and where he steps so he doesn't ever twist that ankle because he was told that he would likely lose his foot if those calcium "bones" broke.

What I'm curious about is....do these sort of physical problems fall in to the disability category? Oh, yes.....he has to have knee replacement surgery after his back is healed.

I started an application online today but it shut the process down because it said he doesn't qualify but I don't know why. I know I could call but I just can't face another thing right now.

I'm just wondering if anyone has had experience with filing for disability.


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## ohioboy (Jun 7, 2021)

I'm on SSD from being rear ended in a car crash. My neck is crushed, facet hypertrophy, degenerative disk disease. I was hit from behind like 2 mortar shells hit me. Screwed up the rest of my life, blew my retirement ease. It took almost 2 1/2 years from filing date to a fully favorable ruling, 66 now.

Your husband is too old is the main reason. He is way too past full retirement age to qualify.

Best wishes.


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## Dancing_Queen (Jun 7, 2021)

Back when I filed for Medicare Disability for my late husband, I went to the Social Security office and demanded their booklet.  They have one that tells them what is required for each type of disability and what types of disabilities are covered.  At that time 90% were denied.  I was told I'd get an answer in three months and that my husband would probably have to see their doctor.  I dotted all of the i's and crossed all of the t's; he was accepted, without having to see their doctor, in three weeks.  Follow their book!

I don't know why in your case, though, you'd need to file for disability as he should be eligible for Medicare.


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## MarciKS (Jun 7, 2021)

ohioboy said:


> I'm on SSD from being rear ended in a car crash. My neck is crushed, facet hypertrophy, degenerative disk disease. I was hit from behind like 2 mortar shells hit me. Screwed up the rest of my life, blew my retirement ease. It took almost 2 1/2 years from filing date to a fully favorable ruling, 66 now.
> 
> Your husband is too old is the main reason. He is way too past full retirement age to qualify.
> 
> Best wishes.


so how did you get by for those 2 1/2 yrs?


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## ohioboy (Jun 7, 2021)

MarciKS said:


> so how did you get by for those 2 1/2 yrs?


You are permitted to gross so much a month and still be considered disabled by SSD standards. Since I own my house and had no car payment and no outrageous bills, I made it, of course friends were generous helping me with food and such at times, but it still was NOT easy.


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## MarciKS (Jun 7, 2021)

i have something degenerative in my neck that i have to keep an eye on. from time to time it requires chiropractic care to slow it's progression. i can't imagine what a car wreck must be like.


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## ohioboy (Jun 7, 2021)

MarciKS said:


> i have something degenerative in my neck that i have to keep an eye on. from time to time it requires chiropractic care to slow it's progression. i can't imagine what a car wreck must be like.


Thanks for your thoughts Marcie. Because of his negligence, I'm not an invalid in the medical/accepted sense, but struggling. The insurance settlement was a stinking lousy joke, but that's 2 whole pages worth of rant. I think the monthly gross permitted now is $1,190.00 or such, but that does not mean if you make that or under you "automatically" qualify. I just could not work that much, so I was well under the limit.


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## MarciKS (Jun 7, 2021)

ohioboy said:


> Thanks for your thoughts Marcie. Because of his negligence, I'm not an invalid in the medical/accepted sense, but struggling. The insurance settlement was a stinking lousy joke, but that's 2 whole pages worth of rant. I think the monthly gross permitted now is $1,190.00 or such, but that does not mean if you make that or under you "automatically" qualify. I just could not work that much, so I was well under the limit.


well at least you got it. take care. it's bedtime here. night.


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## Dancing_Queen (Jun 8, 2021)

ohioboy said:


> I'm on SSD from being rear ended in a car crash. My neck is crushed, facet hypertrophy, degenerative disk disease. I was hit from behind like 2 mortar shells hit me. Screwed up the rest of my life, blew my retirement ease. It took almost 2 1/2 years from filing date to a fully favorable ruling, 66 now.
> 
> Your husband is too old is the main reason. He is way too past full retirement age to qualify.
> 
> Best wishes.


Yeah, Ohio-- The law requires a 2 1/2 year wait.  Ridiculous!  No insurance (assuming a person has it through a job and can't get or can't afford COBRA) for 2.5 years from the point a person becomes disabled and both needs insurance and needs a means of support!


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## Colleen (Jun 8, 2021)

ohioboy said:


> Your husband is too old is the main reason. He is way too past full retirement age to qualify.


 This is not true. According to SSA web on disability:  The SSA *does* not set an age limit for applying for *disability*. But, you must know that there are a few specific rules for applicants over 65 years old. *If* you are over 65 the SSA requires a full review of your medical records to show any possible age-specific impairments related to aging.


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## Colleen (Jun 8, 2021)

Dancing_Queen said:


> I don't know why in your case, though, you'd need to file for disability as he should be eligible for Medicare.


There is NO age limit for filing. See my comment to ohioboy.


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## Dancing_Queen (Jun 8, 2021)

Colleen said:


> This is not true. According to SSA web on disability:  The SSA *does* not set an age limit for applying for *disability*. But, you must know that there are a few specific rules for applicants over 65 years old. *If* you are over 65 the SSA requires a full review of your medical records to show any possible age-specific impairments related to aging.


If a person is over 65, he should be able to collect both social security and Medicare.  Social Security, I believe, would pay the same amount as disability.   There are requirements for both for number of quarters worked within the _last _specified number of years; I don't know what that specification is now.  So, if a person is 80 and hasn't worked since age 65, he's missing the required number of recent quarters (it used to be within the past five years I think).


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## ohioboy (Jun 8, 2021)

Colleen said:


> This is not true. According to SSA web on disability:  The SSA *does* not set an age limit for applying for *disability*. But, you must know that there are a few specific rules for applicants over 65 years old. *If* you are over 65 the SSA requires a full review of your medical records to show any possible age-specific impairments related to aging.


I understand there is no Statutory provision for it. Congress did not intend to put a # to age, but the reality is, he's too old.


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## Martha Ferris (Jun 8, 2021)

I don't know about filing after age 65 but I do know that when I become 65 or 66 my social security disability will then become social security retirement income.  I don't think there will be a decrease in the amount I receive.  If you are getting social security income already I don't think you can double dip.  I began receiving social security seven months into my disability.  There was no fighting about it and I haven't had to go back and recertify as of yet.  It's been seven and a half years.  I had to wait 1 year for Medicare to kick in.  Until then I was on Medicaid.  

"We consider you disabled under Social Security rules if all of the following are true:
You cannot do work that you did before because of your medical condition.
You cannot adjust to other work because of your medical condition.
Your disability has lasted or is expected to last for at least one year or to result in death."  How You Qualify | Disability Benefits | SSA


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## ohioboy (Jun 8, 2021)

Dancing_Queen said:


> Yeah, Ohio-- The law requires a 2 1/2 year wait.  Ridiculous!  No insurance (assuming a person has it through a job and can't get or can't afford COBRA) for 2.5 years from the point a person becomes disabled and both needs insurance and needs a means of support!


The law does not require a 2 1/2 year wait. A person could be awarded it at the 1st stage, depends.


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## Butterfly (Jun 9, 2021)

Martha Ferris said:


> I don't know about filing after age 65 but I do know that when I become 65 or 66 my social security disability will then become social security retirement income.  I don't think there will be a decrease in the amount I receive.  If you are getting social security income already I don't think you can double dip.  I began receiving social security seven months into my disability.  There was no fighting about it and I haven't had to go back and recertify as of yet.  It's been seven and a half years.  I had to wait 1 year for Medicare to kick in.  Until then I was on Medicaid.
> 
> "We consider you disabled under Social Security rules if all of the following are true:
> You cannot do work that you did before because of your medical condition.
> ...



This is the way it worked for my sister, also.  She was disabled  and received  social security disability payments and received Medicaid until she was eligible for Medicare, at which time Medicare took over and Medicaid was discontinued.  When she was eligible for Social Security retirement benefits, the disability income ceased and Social Security retirement commenced.  

I don't think you can receive both types of benefits.


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## Butterfly (Jun 9, 2021)

ohioboy said:


> The law does not require a 2 1/2 year wait. A person could be awarded it at the 1st stage, depends.



There's no 2-1/2 year waiting period.  When my niece was dying of terminal cancer at 38,  we were able, with the help of her hosptal social worker, to get her disability and Medicaid almost immediately upon hospital certification that she was terminally ill and had minor children for whom she was the sole support.


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## ohioboy (Jun 9, 2021)

Butterfly said:


> There's no 2-1/2 year waiting period.  When my niece was dying of terminal cancer at 38,  we were able, with the help of her hosptal social worker, to get her disability and Medicaid almost immediately upon hospital certification that she was terminally ill and had minor children for whom she was the sole support.


Yes, that was an Expedited claim, terminally ill clients are given priority status.

I was denied at the 1st and 2nd stage, then awarded SSD at the 3rd stage, the Administrative Law Judge hearing, of course not that day, it took about a month for a favorable decision. I was pretty sure I would get it then. If you don't get it at the 4th stage, you are pretty well cooked, but not impossible.


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## ohioboy (Jun 9, 2021)

Martha Ferris said:


> I don't know about filing after age 65 but I do know that when I become 65 or 66 my social security disability will then become social security retirement income.  I don't think there will be a decrease in the amount I receive.



Right, no decrease, my eligibility is 66 and 2 months I think, what they term "Full retirement age". Then Uncle Sam no longer considers me disabled, but regular SS stays at the same payment.


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## Dancing_Queen (Jun 9, 2021)

Butterfly said:


> This is the way it worked for my sister, also.  She was disabled  and received  social security disability payments and received Medicaid until she was eligible for Medicare, at which time Medicare took over and Medicaid was discontinued.  When she was eligible for Social Security retirement benefits, the disability income ceased and Social Security retirement commenced.
> 
> I don't think you can receive both types of benefits.


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## mathjak107 (Jun 28, 2021)

Ssdi converts to social security retirement at fra …there is no more Ssdi after fra..Ssdi is only until one is fra


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