My Social Security claim was denied

[Andrew206]

Unfortunately my Social Security claim was denied at the appeal level with an administrative law judge. I’ll get the actual ruling soon. I know the Appeals Council takes a long time with appeals to them, and I’m thinking about appealing my case to them.

 

[Magna]

What was the basic of your claim and did they say why it was denied?

 

[Andrew206]

What was the basic of your claim and did they say why it was denied?

When I get the letter from Social Security, I’ll know why I was denied. The basis of my claim - not being able to work a full-time job.

 

[Magna]

Are you not able to work a full time job because of a disability? If so, what disability?

 

[Aspychata]

Sorry to hear this. l know l am in retirement now because jobs are just nasty anxiety for so many of us here.

 

[Crossbreed]

@Andrew206, are you using a disability attorney? They don't charge you unless they win, and their take is negligible.
x% of something is better than
100% of nothing.

Even with them, the process takes time. They expect to be denied, at first, and know how to appeal effectively.

 

[VictorR]

Disclaimer:
The below is not intended as legal advice

Generally speaking, for a disability pension, the onus is on the applicant to show how they are disabled (whether that be by a singular condition, or the totality of a combination of conditions) to the point where it is unforseeable that they would be working.

Different disability programs have different conditions - some are more stringent and require the applicant to show that they are regularly incapable of *any* work, whereas some only require the applicant to show that they are regularly incapable of regular and remunerative work (e.g. if someone is able to work 10 hours per week only and that wouldn't be enough to make a living based on the fields of work they could do, that's it's okay, and they might even be able to work a bit without having their disability pension impacted)

If your argument is based on not being able to work full time, what proof do you have of that? Have you lost employment due to having a disability which a typical employer would not be able to accommodate? Are there things you could potentially do to help with your situation, and have you tried doing those things? Has your medical professionals deemed you to be incapable of full time work? Have you shown reasonable and substantive efforts to obtain suitable work? Is it possible that your issue is not incapability of full time work but rather, difficulties with securing full time work? Is it possible that even if you are medically incapable of full time work that you could reasonable do part time work that's enough for a reasonable living?

These are the types of questions that an adjudicator or judge would likely be considering. Their job isn't necessarily to deny you or anyone else, but to ensure that benefits go to those who are demonstrated that they are properly entitled to them. Unfortunately, the onus is on applicants to make their case, and to do so clearly, and those without familiarity with law and research, and who do not seek help, may encounter challenges in effectively presenting their case if it's not a super clean-cut scenario.

 

[Yeshuasdaughter]

Appeal over and over and over again. Every month that they deny you money, with you reapplying, you will eventually get in a lump sum called backpay. With my own eyes, I've seen people buy houses and Cadillacs with their backpay.

Keep applying and I'm excited for when you do get your "crazy checks", because your backpay will be sweet!

 

[Crossbreed]

With my own eyes, I've seen people buy houses and Cadillacs with their backpay.

We got out of debt (except for our mortgage) and made needed home repairs/improvements like a new roof, updated electrical service & HVAC.

And that was after the attorney took his cut.

 

[Magna]

Do disability attorneys take a lump sum fee for their services if they're successful? Or do they take an ongoing cut of a person's monthly checks like royalties?

 

[Crossbreed]

Do disability attorneys take a lump sum fee for their services if they're successful? Or do they take an ongoing cut of a person's monthly checks like royalties?

It is a one-time fee (from your first payment).
Mine remains available for any reviews later, usually every 5-7 years.

 

[Yeshuasdaughter]

Do disability attorneys take a lump sum fee for their services if they're successful? Or do they take an ongoing cut of a person's monthly checks like royalties?

No royalties. I mean it's a $700/ month check. It's just a small amount out of the backpay.

 

[Andrew206]

@Andrew206, are you using a disability attorney? They don't charge you unless they win, and their take is negligible.
x% of something is better than
100% of nothing.

Even with them, the process takes time. They expect to be denied, at first, and know how to appeal effectively.

I don’t have an attorney.

 

[Andrew206]

Are you not able to work a full time job because of a disability? If so, what disability?

Yes, I can’t do a full time job. This is due to autism and other sensory issues.

 

[Andrew206]

Disclaimer:
The below is not intended as legal advice

Generally speaking, for a disability pension, the onus is on the applicant to show how they are disabled (whether that be by a singular condition, or the totality of a combination of conditions) to the point where it is unforseeable that they would be working.

Different disability programs have different conditions - some are more stringent and require the applicant to show that they are regularly incapable of *any* work, whereas some only require the applicant to show that they are regularly incapable of regular and remunerative work (e.g. if someone is able to work 10 hours per week only and that wouldn't be enough to make a living based on the fields of work they could do, that's it's okay, and they might even be able to work a bit without having their disability pension impacted)

If your argument is based on not being able to work full time, what proof do you have of that? Have you lost employment due to having a disability which a typical employer would not be able to accommodate? Are there things you could potentially do to help with your situation, and have you tried doing those things? Has your medical professionals deemed you to be incapable of full time work? Have you shown reasonable and substantive efforts to obtain suitable work? Is it possible that your issue is not incapability of full time work but rather, difficulties with securing full time work? Is it possible that even if you are medically incapable of full time work that you could reasonable do part time work that's enough for a reasonable living?

These are the types of questions that an adjudicator or judge would likely be considering. Their job isn't necessarily to deny you or anyone else, but to ensure that benefits go to those who are demonstrated that they are properly entitled to them. Unfortunately, the onus is on applicants to make their case, and to do so clearly, and those without familiarity with law and research, and who do not seek help, may encounter challenges in effectively presenting their case if it's not a super clean-cut scenario.

I haven’t been able to get an employer to accommodate me effectively despite my own advocacy. I’ve always struggled with presenting my needs to potential employers. I’m not sure what I should do.

 

[Crossbreed]

I don’t have an attorney.

You don't need money for a disability attorney. They only charge you a small amount if they get you money.

Look in the yellow pages for an attorney that specializes in disability cases.

 

[Andrew206]

Appeal over and over and over again. Every month that they deny you money, with you reapplying, you will eventually get in a lump sum called backpay. With my own eyes, I've seen people buy houses and Cadillacs with their backpay.

Keep applying and I'm excited for when you do get your "crazy checks", because your backpay will be sweet!

I got my reasoning from the judge tonight. It says in part that I can do some work, but in a static and repetitive environment. I’ll provide more details in a separate post on Monday.

 

[Andrew206]

Do disability attorneys take a lump sum fee for their services if they're successful? Or do they take an ongoing cut of a person's monthly checks like royalties?

It’s a lump sum from the benefit amount.

 

[VictorR]

I haven’t been able to get an employer to accommodate me effectively despite my own advocacy. I’ve always struggled with presenting my needs to potential employers. I’m not sure what I should do.

It sounds like you might benefit from working with a job coach who has experience working with neurodiverse individuals.

A job coach is someone who helps you understand the needs and expectations a job (including unwritten rules) before going into a job, and once you are in a job, to be someone who may spend time with you there observing your work and interactions with others to provide feedback and support to both yourself and the employer to sort out any actual or potential concerns or misunderstandings.

 

[VictorR]

I got my reasoning from the judge tonight. It says in part that I can do some work, but in a static and repetitive environment. I’ll provide more details in a separate post on Monday.

Many individuals on the spectrum perform well in static environments with repetitive work, as it provides a predictable and therefore comforting routine.

In my signature line is a link to a free online course from the University of British Columbia "Autism and Neurodiversity in the Workplace" - it's about 3-4 hours and if you haven't had a chance to take it, I'd recommend it as it may provide some insights you may find helpful (and feel free to share it as well!). You'll notice that of the autistic-friendly employers that were interviewed, that one is a bakery and one is a butcher's / meat packing company - both of which would have a number of positions that are relatively static, with repetitive work.

An added bonus of repetitive / production environment type work is that the nature of the work also makes it easier for the employer to potentially accommodate an employee who may need to end a shift early.