Patients Helping Patients®
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| Social Security Disability Questions Answered by Attorney Rich Feingold This board is for you to have your general questions about Social Security disability benefits answered by volunteer attorney Richard I. Feingold. |
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#1
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Appeal or new application?
I have had RRMS since 2003 and filed for disability in 2006 when I was unemployed. Of course I was denied and I did not appeal it at that time. Question 1: Can I file for disability while working? and Question 2: Do I appeal the 2006 decision or file a new application? I live in Ohio which is notorious for its denial record.
I have intermittant leave of absence at work and I have used it several times in the past year as well as have had 2 exacerbations in the past year including one right now. I think record of this will also benefit me in the diability process. I am having obvious difficulty with my mobility and balance as well as extreme fatigue but I am very stubborn so I am still trying to work. |
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#2
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Hi, mj. Are you working full-time now? If you are, and are earning over the SGA amount for 2012, $1,010/month, before taxes, for non-blind employees, then you are not eligible to apply (although SSA will take into account impairment related work expenses).
If you applied and then returned to work full-time for over six months, and your non-work did not last for at least 12 months (the minimum amount of time one must be disabled under the law to receive benefits), then you would have to file a new application for benefits. Also, one has 60 days to appeal a denial so you wouldn't be able to appeal the decision anyway. Ok, so now that I have given you all this information, I must remind you, mj, and everyone else, that I am not giving specific advice regarding your particular situation, just general information. And I hope that it helps to clarify things for you, mj. Rich
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Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. |
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#3
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Appeal or new application, update
Rich,
Thank you for the information. I called my local SSA office and they advised me that since it had been so long since my previous application it would be viewed as a new application. So, I applied June 21 and was fully expecting to be denied initially. I have been off work since Memorial Day and was scheduled to return in mid-October. I followed my application on-line and am awaiting the official notice of the decision as the information stated the SSA has made a determination in my case. I have received pin-access information and have talked with a representative from the SSA. Verbally, she confirmed my approval and set up an appointment to apply for my three children. Although, I am still waiting for the official notification. Again, thank you very much for the information. I have found the posts on this message board very informative and helpful. My thoughts and prayers for those awaiting decisions and appeals. -MJ |
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#4
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Congrats MJ! You must feel a burden has been lifted! I've been told that my case is in the final stage of review, and I should receive an answer within 2 weeks. Fingers crossed...
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, T2B"I have a lot of pain in my microwave".
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#5
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Dear Thankful,
Thanks! I am relieved and conflicted at the same time. I truly enjoyed being able to work while having MS. Best wishes for you and your outcome! |
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#6
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Wishing you, MJ, and everyone here, all the best!
And to anyone who was affected by hurricane Sandy, wishing you all the best, too. I know that there was devastation wreaked. Rich
__________________
Attorney Richard Feingold concentrates his law practice in helping disabled individuals obtain the monthly Social Security disability benefits and health insurance that they need to survive. Although based in Chicago, Illinois, Rich helps disability claimants nationwide. He has been answering posts in this forum since June 11, 2003. |
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