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Wifes disability denied now what? |
my wife recently applied for disability and was denied. background was was hospitalized with major depression scuicidal ideations and psychosis later diagnosed with MS. she can walk and talk and type, she takes care of our daughter while i work. however due to the ms she has short term memory loss and an attention span of about 10 mins. she gets the phantom pains and gets very fatigued if working for more than ten minutes. she is unable to return to her old job due to the memory loss. she has no other job skills in other fields. she has not had a flare in her ms in 4 months. First off make sure she wasn't denied due to your income. That is always considered when applying for SSI. With you having 2 jobs it's very possible she doesn't meet the income criteria. SS does that you need to appeal the decision...They figure people when you say no they leave it at that...Fight them, she will get it the next time around and back pay... I have been told that everybody is denied the first time...I don't know why. Please refile the claim, adding information from her doctors in their own handwriting if possible. Or have the office clerk/nurse copy to the claim form her medical problems and why she cannot work. Have it signed by the doctor. Make copies of everything and FAX & MAIL it certified attention to her worker at the disability office. Make sure that everything you mentioned in your question is listed on the application for disability. I wish you all the best and pray she will get approved. The government takes into account all your income, so it may not be in your best interest to knock yourself out with working two jobs. If in doubt contact the numbers on the disability form. There are also disability lawyers who may be able to help. If this is her first denial, no reason to panic. Almost everyone is turned down the first time. She can apply 3 times total. Then the last step is a hearing before a Judge to tell how her illness effects her not being able to work. Be sure to file for 2nd appeal within the time limit they gave you. (usually 60 days from date of denial) Reason for that is, if she is awarded disability in the end, as long as you have stayed within the time limits given you for filing she will get back pay from the date she filed the first time. So now, the thing to do first is file for a Reconsideration. The form is on-line at www.ssa.gov. try going to the Legal aid society of the city you live in for help. SSI ( Supplemental social security insurance) disability will take a long time and yes it is supposed to be denied the first time around which takes about 120 days from first filing date, this just means that you don't have enough information for the government to make a positive decision in your case. You will need help when it comes to the fair hearing, but you are half way there. Get all the information you have, put it together and take it with you when you go and see the paralegals at the legal aid society they will copy every thing you have and will give you all the help you will need and most of the time it is free.... I disagree with saggy bottom, I'm on meds for depression an suicide problems. Therapy don't allways help. Meds don't allways help at times it takes a combination of both. |
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