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Transcripts-6/5/00
Social Security Disability Insurance
InsightHostKJ> Ok..Our guest tonight is Chuc Ryan Attorney at Law....thanks for coming Chuc
Chuc> Welcome
InsightHostKJ> We're going to discuss Social Security Disability Insurance
InsightHostKJ> Looks like we're going to have a big crowd, so we'll start right in on the questions.....go ahead Duck
Duck47> What if your doctor don't give enough info, or do the right test? How can you get disability? I have been denied once already, and I am appealing it now.
Chuc> Then you are in trouble. If your doctor doesn't help you can be in troble. Maybe get another doctor
InsightHostKJ> uh oh we lost chuc
InsightHostKJ> hang on folks....we may do this via phone
InsightHostKJ> I have Chuc on the phone and will type for him
InsightHostKJ/ChucRyan> You need to make sure your doctor is going to back you before you file
Duck47> What if they don't?
InsightHostKJ/ChucRyan> Some doctors just arent sympthetic.....find one that is
swimmer> I have RA...worked for 15 years and am now a stay at home MOM. I may return to work force someday, but what if I can no longer work. What happens since I have been off of work?
InsightHostKJ/ChucRyan> You have five years in which to file for benefits after not working
swimmer> after that I am out of luck?
InsightHostKJ/ChucRyan> There is no reason to wait if you aren't working
swimmer> so I should file now?
InsightHostKJ/ChucRyan>
thats right swimmer...chuc says he has a whole page on that problem on his
site
swimmer> ok..will check it out
InsightHostKJ/ChucRyan> if you fall off your roof and break both legs..call the ambulance then call SS
KCW> I have had RA for 25 years and have been able to keep working but if the day comes when I can't work anymore, will all the years I was able to work be viewed in a positive way or a negative way?
InsightHostKJ/ChucRyan> Postive
way, a good long work record is very positive
pOETIC_sUMMER> Can you give us a list of some of the information that is required when filing with
SSDI?
InsightHostKJ/ChucRyan> There is a whole page on Chuc's
site....www.ssdisability.net
Guestmarilyn> I am 58 and have just been approved for SSDI, my paper work said they would review my case in 5 to 7 years, IF I were to marry a 68 year old man who draws SS, ?how would it affect my SSDI? and then what would happen if marriage did not work out or he died?
InsightHostKJ/ChucRyan> it would
not effect SSDI....SSI would be stopped
InsightHostKJ/ChucRyan> SSI
is welfare...SSDI is worked and paid for
Melanie> You recommend keeping copies of all labs, reports, etc. Is this to facilitate faster service from SSDI?
InsightHostKJ/ChucRyan> Absolutely!!!
InsightHostKJ/ChucRyan> if you've already filed you can go to the office where you filed and get copies of your records from SS....while you're waiting on an appeal
Becky> I'm in the process of filing for disability. Waiting to get a hearing date. Q. is this: I was sent to see a SS psychologist. He acted really weird. Badmouthed my attorney.
Becky> Then I was told to leave my test paper on the table in a deserted room and just leave. Don't know if he even picked it up afterwards.
Becky> I told my attorney what happened. Is there anything else I should do?
InsightHostKJ/ChucRyan> you dont have much choice...if they ask you to go...you go....but that wasn't very professional......you need to tell your lawyer how he acted.. thats all you can do Becky. Some of those guys are real good..others are jerks..just like every other profession
Guest73> Sorry, Just trying to understand chat rooms and RA all at the same time. How do I tell when I should start the process?
InsightHostKJ/ChucRyan> when you can no longer truly work...you need to search your heart...am I being a bum? Or can I really not really work?
memo> Have RA, been on SSD for 3 yrs, am 53--am scared of review-do they take many people off of SSD?
InsightHostKJ/ChucRyan> maybe 5%%....there is a page called cessation on Chuc's site...talks about that...www.ssdiability.net...at 53 you shouldn't be too worried
InsightHostKJ/ChucRyan> the reason for the review is for injuries where people are likely to recover
Walt> One of the most frequent questions I get about SSDI is, "When do I get an attorney?" How would you respond to that Chuc?
InsightHostKJ/ChucRyan> As soon as you decide to file.....the charge is the same whether he starts in the beginning or two weeks before the hearing...the fee is 25%% of the backpay
karvin> I`m currently on diss. how do I know how long it will last
InsightHostKJ/ChucRyan> it'll last as long as you are deemed disabled...at 65 it changes to social security and the amount will stay the same
TLC> my ? is if you are said to be diasabled by a ALJ and SSI takes your check can they do this?
InsightHostKJ/ChucRyan> Why did they take the check?
TLC> they said my husband made to much income
InsightHostKJ/ChucRyan> they are allowed to do that...there is a page called Types of Benefits on Chuc's
site....http://www.ssdisability.net that explains this
karvin> my ? if I work at all how much can I earn? sometimes i feel i could sometimes not
InsightHostKJ/ChucRyan> if it is over $300 you might get reviewed and they could say you are disabled....technically you can make up to $700, if you stay under $300 you are fairly safe...per month
Melanie> Do you have to have deformities of your joints to be approved? RA itself makes you ill, swollen, etc. before deformities are apparent.
InsightHostKJ/ChucRyan> You don't have to have deformities....but you do have
to have the positive tests, symptoms....and your doctor's backing
Melanie> Thanks. I wondered about that. Long time to that happens sometimes.
InsightHostKJ/ChucRyan> it doesn't hurt to be seeing a shrink too.....pain = depression
JBug> I am retired on disability from the federal govt. I've often been told that due to the small amount of income, I should also qualify for SSI. Should I get an attorney and do that?
InsightHostKJ/ChucRyan> income has to be under $500 per month and accountable assets under 3,000...more info on his website
KCW> I have purchased disability insurance....if the day came when I could no longer work could I receive SS disability as well as my disability insurance benefits?
InsightHostKJ/ChucRyan> In most group policies there is an offset...most personal policies don't have that provision...check your policy
KCW> Explain offset?
InsightHostKJ/ChucRyan> if your getting $1000 from SSDI ....and your policy is for $1100...the company will only pay you $100
swimmer> a follow up ?. Worked in past, now stay at home mom as of 1/96. Since no longer working I should apply, but feel like I could work at job if I chose to, (not without pain). Feel guilty applying for SSDI, but don't want to lose an option. What about that Guilt?
InsightHostKJ/ChucRyan> can you do what you used to do now?
swimmer> maybe? don't really know. Was a desk job...tomorrow. yes... a year from now...I don't know
InsightHostKJ/ChucRyan> you dont have much of a choice...you have to file or go back to work...you're running out of time
swimmer> so Moms lose out huh?
InsightHostKJ/ChucRyan> fraid so Swimmer
Guestmarilyn> I did not have an attorney and got approved on first time for both SSI &SSDI. Is this unusual? (but I waited until I was in a really bad shape before applying).I am asking because my niece has it also and is going to apply and I don't want to stear her wrong. Question #2 if I lose SSI , will SSDI go back to reg. amount?
InsightHostKJ/ChucRyan> You better go to Church and light some candles! You were either very lucky or had great records
Guestmarilyn> LOL I had all my records
Guestmarilyn> question #2?
InsightHostKJ/ChucRyan> SSI is
supplemental.....SSDI is paid for.....
Guestmarilyn> so if i married , ssdi would increase?
InsightHostKJ/ChucRyan> no,,,,,ssdi stays the same....
Guestmarilyn> they subtract the amount of ssi from ssdi now
InsightHostKJ/ChucRyan> SSI should bring your amount up to $500 if you meet the financial criteria
InsightHostKJ> It shouldn't subtract from SSDI
Guest000> What comprises accountable assets?
InsightHostKJ/ChucRyan> Go to Chuc's website for info on that 000....house and car are NOT countable assets
Guest000> Retirement accounts?
InsightHostKJ/ChucRyan> second car, cash in the bank, stock...etc are countable... yes retirement accounts are countable
Dlyan> I am in the process of filing for ss and the claims person at SS said I didt have enough points, I guess in WI you have to have 20 points to get SS and I have only 17 points I need to earn $1500.00 more before I qulafied for SS and I think my husbands makes to much money for
SSI, what do I do?
InsightHostKJ/ChucRyan> keep working...you don't have much choice...you have to have the credits
InsightHostKJ/ChucRyan> other options are shoot your husband or get a divorce! LOL..sorry
Dlyan> When I get 20 points can I quit and then file again for SS?
InsightHostKJ/ChucRyan> about $3,000 per year =4 quarters...if you can do that in one day..your done
Poetic_Summer> If I were to get on SSDI in the next few years for example, then when I get ready to draw regular social security would I just continue to get the same amount as when I was on SSDI? Sorry, I am having a hard time understanding this one.
Poetic_Summer> You know if there were a lot of years in between the two. so the amount would be less then
InsightHostKJ/ChucRyan> What happens is that they quit counting when you go on
SSDI.....but you don't get any losses in the meantime
If you were 19 years old and worked a year and a half at maxium earnings you would draw the same amount as a guy who worked alll his life
Walt> I have been told (by a SS employee)that the greater the amount of education you have, the less likely you are to be approved. Has that been your experience?
InsightHostKJ/ChucRyan> Yes thats correct. The better educated you are the more jobs are available
Walt> But education doesn't defeat fatigue. Oh well, at least I'm not a Mom (LOL).
InsightHostKJ/ChucRyan> If you have below 7th grade education and your back goes out....you can't do much of anything
InsightHostKJ/ChucRyan> Einsteen could lay on his back and spout out answers and make a fortune...many judges feel if you can go to school you can work
jinx> thank you. I was on SSI several years ago, but have since then been able to work long enough to qualify for
SSD, My ? is if I become unable to work again, would I have to go through all of the red tape as before. I was married then and had an income, but now not having an income for six months would have me homeless.
InsightHostKJ/ChucRyan> Jinx...yes..you would have to start over again
Guest30> Mr ryan, I was denied twice by ssdi but got a lawyer. I was also denied once from my disabilty retirement from my job. I had to send a copy of my denial letter to the job disability. Will my disability from my job will be paid if i win my case when we go to court ? /
InsightHostKJ/ChucRyan> no Guest 30.....they are two
separate things
Dlyan> Why is it so hard for RA patients to get SS? Do they think were faking it..
InsightHostKJ/ChucRyan> It isnt any harder for RA patients than any other people with an "invisible" illness...they do have to weed out the fakers....good records are the key
Dlyan> Well they should all try the pain for the day and then they would know how we feel everyday.
InsightHostKJ/ChucRyan> I agree
Dlyan.....but thats life
Poetic_Summer> Is it better to submit all the records up front or .......is it one of those situations where they are always going to come back for more later? so hold back on some of the records then at first?
InsightHostKJ/ChucRyan> Yes, submit them all up front....act like it is a term paper...do a fabulous job to begin with
Kathy> My husband was on SSi for 10 years and was recently booted off due to not seeing any doctors for his probem. He has very little use of his hands due to Carpal Tunnel. We have appealled. Do we stand a chance of being reinstated. He hasn't seen doctors as they said there was no more than can do for him. He has already had surgery. I have RA but so far am able to still work
I</b></font><b><font face="Verdana" size="2">nsightHostKJ/ChucRyan If he doesn't start seeing doctors regularly he will not will win...you must have medical proof...current medical proof
InsightHostKJ/ChucRyan> he could have been cured in ten years
swimmer> SSDI....just seems to be a lack of some common sense there? Is that the case?
InsightHostKJ/ChucRyan> Not really, you have to work and pay in to get benefits..it is an insurance...you have to pay to claim
swimmer> yes, but then meet all the "rules'?
swimmer> then
InsightHostKJ/ChucRyan> thats just the way it is
swimmer> just a little mad about the mom situations
InsightHostKJ/ChucRyan> I know swimmer...dont blame ya!
Melanie> Do you have to be examined by SSDI physicians when you apply? Is that routine?
InsightHostKJ/ChucRyan> No you don't have to be....it depends on how good the medical information subimitted by your doctor is
Guest30> I have been deined twice
InsightHostKJ/ChucRyan> being denied twice is not uncommon
InsightHostKJ/ChucRyan> are you waiting for an ALJ hearing?
Guest30> yes
InsightHostKJ/ChucRyan>
that's where you win....about 2/3's of people who win ..win at ALJ hearing
Melanie> ALJ?
InsightHostKJ/ChucRyan> adminstrative law judge
InsightHostKJ/ChucRyan> OK....we're going to call it a night...Please read Chuc's site at
www.ssdisability.net for more information...if you have any questions submit them to me at
tina@arthritisinsight.com and i'll give them to chuc and we'll have a page of answers
Guestmarilyn> Thanks for helping us Chuck. This disability thing is so hard for those of us that have always worked & now truly can't. thanks again
Melanie> Yes, thank you.
Betty> Thanks for the info.
swimmer> thanks chuc
Poetic_Summer> thanks chuc
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