You may be eligible for Social Security disability benefits. Social Security would verify your alleged special considerations or subsidy with your employer. They may call your employer or mail them a subsidy questionnaire to complete.

This questionnaire allows your employer to address special considerations and the worth of the work you are performing for them. Depending on their answers, your disability claim may be sent for a medical disability determination or it may be denied for the performance of SGA.







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"I filed for disability online (only got through the first part) and was sent a letter saying I don't qualify based on not enough work credits. I have a condition where I can no longer work, drive, walk for long periods of time, stand for more than 15 mins at a time, etc. What do I file for then? I'm 30 yrs old and unable to work or leave the house alone. I'm at a loss. I did get a hold of a disability lawyer but when I see him, the rejection letter will be at day 57."

Your situation is a good example of why I am not in favor of filing for disability online. A large percentage of individuals who apply for disability will have an SSDI (social security disability insurance) claim. However, many will find that their claim is for title 16 SSI disability benefits only, or is concurrent, meaning that a claim is taken in both the SSDI and SSI categories. Here's the problem with that: the Social Security Administration does not allow an actual SSI disability application to be filed online. Meaning you don't get a protected filing date.

If you begin the process online and it turns out that your claim will be for SSI only, or will be a concurrent claim, you will have to speak with a CR, or claims representative at a Social Security office...which basically defeats much of the reasoning for trying to use the online process in the first place. My position is that it is usually best to speak with a claims representative at a social security office, either in person or over the phone from the very start.

As to work credits, SSDI, or social security disability, is based on insured status. Meaning that if you haven't worked long enough to be insured, or your insured status has lapsed (i.e. you have a DLI, or date last insured, that is in the past) because you haven't work enough recently, then you will only be apply to apply for SSI. However, you can only apply for SSI if you meet the non-medical requirements for SSI. SSI is need based. Because it is, not just your income but your family income (meaning yours and income from a spouse) can be used to determine if you are above the allowable limits. Additionally, unlike SSDI which is not concerned in the least with assets, SSI has an asset limit, or resource limit.

If you are not insured for SSDI because of insufficient work credits, a claim will be taken in the SSI program. From what you've said, I am assuming that one was not taken and so I have to wonder if an evaluation of your income and/or assets puts you over the SSI limits.

If you will be at day 57 by the time you see your disability lawyer, you would ordinarily want to consider sending in your disability appeal on your own to avoid missing the filing deadline. This is what I have usually told people over the phone when they were seeking disability representation but were butting up against the deadline. However, it sounds as though you have received a technical denial, one that does not involve any type of case processing. Technical denials occur when a person does not qualify for disability based on non-medical criteria alone, such as assets or earned income. It sounds as though the best approach will be to confer with the lawyer to get a better handle on your situation. Good luck with your case.







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"I now have coronary artery disease and hypertension. I filed a claim in Jan 09 saying that coronary artery disease and hypertension were secondary to my diabetes II. This claim was denied in April--fast work did they even read the file?"

I don't know what your other conditions might be but it's usually pretty difficult to get approved on ischemic (coronary artery) disease. Diabetes type II as well. In fact, in recent years, SSA has worked to minimize the ability to win disability cases based on diabetes.

However, I will say this: most cases get denied by a disability examiner at the disability application and reconsideration levels. And the majority of claims get approved at hearing level. You most likely have a good chance of being approved by an ALJ (administrative law judge).

The most important things to keep in mind will be obtaining and sending to the ALJ updated medical records (because SSA stops all case development once the case moves beyond the reconsideration appeal level and into the domain of the hearing offices).

Most important, however, will be obtaining a medical source statement from your treating physician(s). Unlike disability examiners, disability judges tend to give more consideration (and by comparison, substantial consideration) to the opinions of the doctors who actually provide treatment to claimants.







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