Disability

[djk]

hello everyone. i wanted to add my experience on tpbi and disability. i was injured right at 7 years ago. my understanding of disability is that although it is a federal program it is administered by the states. the states have guidelines but are also empowered to make case decisions. i was a resident of MO when i applied for disability. i applied about 2 months after my accident. i was pretty much immediately approved , i think it was within 30 days, and there was a 6 month waiting period before my benefits began. so i was having payments to my checking account by april of 2011 (accident was 8/30/2010). i filed all the paperwork myself except for what had to be from my medical team. i did not use a lawyer. i read alot about lawyers at the time trying to make a decision and one thing kept turning up, that is, lawyers can only make a certain amount from the claim but it seems that the longer a claim takes that the payments at time of favorable decision are higher for the lawyer. so in effect lawyers make more the longer it takes. the most important factor is having a good medical team that can present the medicals facts to the disability claim case worker.
i was 58 at the time of my accident and got disability up until i reached the age of 65 at the beginning of this year [2017] and the payments automatically folded into my social security retirement payment. reading all the stories about delays make me think about 2 possible issues, 1. lawyers delaying to increase their final payment, 2. some states have really poor inhumane disability claim offices and claim workers.

[Master DIVER TOM]

Hi djk,
I saw what you wrote about point 1 and 2. I know one of my friends wife is on appeal for SSD. She does not have our injuries, but mess up in other ways. If the lawyer wins he does get more. The lawyer does get a set percent but overtime the amount does increase because of the back amount grows overtime with the appeal.
That the way she told me. In your point 1 does make you think how lawyer do SSD cases?
In your point 2 , Sometime you would think why other trying to get SSD have a hard time getting it. I do not get it ether, You here on TV how others get SSD with far less than what we have.
I like you applied for SSD without a Lawyer, Current medical record and Medical team help a lot. I figure if I did not get SSD , I then would get a Lawyer for appeal.
You have gone threw a lot and I am glad to see your posts, Best thing we can do is share our experience for others in need. Giving ideas of help when there no direction is the hope for help.
Glad you post,
Tom

[djk]

thanks Tom. maybe one other thing i should mention is my whole life the greatest amount of income came from building things with my hands. houses, cabinets, restoration of automobiles, and some others. thing was every one was done by being able to have both hands working. and my right hand. arm, shoulder was no longer working so that greatly affected my ability to earn at the time of the accident. at first no one could say this was not able to be rebuilt in some fashion or even come back. the doctors had opinion it was severe and most likely lifelong which is how it turned out. also, it was birth dominant right side. so my case probably could have been different if say i was a lawyer or executive who could at some point return to work. but, i do remember that former occupations and likely chance of returning to that work was a factor.

[Master DIVER TOM]

DJK,
There is the limitation and the will power to find a way to adapt.
It comes with trail and airer and a imagination to try our way, no matter if it from a birth injury or latter in life injuries to. I have both in my arms.
What is important overtime is to focus on what you can teach your self to adapt to than the try that did not work out, it leads to depression and anxiety. Sometime mental state is worse than the injuries, We all go threw this , What hell can I DO, Now ??
What amazes me is how others adapt to things I could never adapt to by posts ??
I find joy at the same time , In what others post here to.
A little light in a dark place helps a lot, Thats Our post.
You have come a long way so far and I am really glad you share!
We know how others feel here for real.
Thank you,
Tom

[Master DIVER TOM]

DJK,

I thought I would and this from my last post. This is about the work you did before the injury . This comes from thinking out of the box to work. Trying to fine a way to work from a birth injury or latter in life injuries to.
You did Cabinets,great on a resume. How about selling cabinets ?
Work in Automotive, great on resume for a service writer?
You can work( SOME ) and be on Medicare.
Your skill count to apply for other things in your field you have knowledge about.
If things you apply for dont work out than you will not lose Medicare.
THe trail and airer I went thought trying to work growing up was Crazy-!! I am sure everyone here trying to fined a way work is in the same boat. you just cant overlook interrelated skills to fined a way to work.
I was a service writer in the past and a route salesman to, It seem being a route semi driver counted because I dealt with the public.
2 truck lines went out of business overtime. Needed to work between semi jobs.
You never fail by trying,
Just thinking ???
Tom

[djk]

yeah tom you are correct about related jobs in the same field being a consideration, i did talk to some shop owners and managers and a point that was made is that i was unable to do what was required in some aspects of the qualifications.employment is based on a series of qualifications, things that are necessary to be able to do the job. and i was told that sure i could go out on estimate calls. but what am i going to do with the tape measure? what if i needed to measure while on a ladder or step stool. it was being reminded that while i think i can do the job, can i really? service writer at auto shop, sure i know a lot about autos but in determining what is wrong with a car can i get on the ground and use a tool for adjustments, can i drive a 5 speed car with floor shift? these managers most likely would be very happy to hire me but was i physically able to do the job? honestly, probably not, as cabinet estimate or auto service manager. i was told by men whom i knew that the basic issue was not being able on a physical level to do required tasks. i was not able to disagree because in many tasks i would not be able to do the job. my best shot is self-employed working from home on contract or developer/maintainer of software. started to look very close at that then i found out that the feds get at least 25% of gross income and there was a mountain of paperwork to file and keep current. then the affect doing that would eliminate or reduce by a big margin my benefit. essentially working would cost me alot.

[Master DIVER TOM]

Hi DJK,
I am glad you are trying to find a way to work.
You know , when I said if a job you try for did not work out ?
Then you still would have your SSD if you win a appeal, I hope you do.
If you do not , I heard you to. Finding a way to work so you do not lose everything Needs to happen to. Trying to find a way to adapt and work is a challenge no matter if the limitation happen at birth or latter in life to.
If you do not win SSD the back up plan is still trying to find away to work.
I heard you about the tape measure, I googled Laser construction measuring devices, There were many.
When I was a device writer , I never need to use a tool at all. Writing the problem the car need was. If you need to drive a stick and can not , the accommodation you would need is another service writer to drive the car.
The third one to try is a state dept. called The division of Vocational Rehabilitation.
On one hand I hope you do get the SSD You need, On the other hand is the possible Back up plan to try. Felling you will loss everything. Been there to.
Please let me know what happens in SSD.
Tom

[1993z28]

Well here I am 25 months after my accident and still no ss. I had a lawyer contact me right away after my accident and said it was a good idea to hire her because she felt I had a good case and should win hands down. So I hire her and start the process, 6 months later get denied so we appeal. Probably another 3-4 months go by get denied. Then I wait and I wait then two years after the accident which was November of 17 we went to court. After my hearing my lawyer said that it went perfect, I won. But the judge didn't tell me I won so I'm sitting here waiting some more. Makes me want to go chop people's arms off that work for ss and see how they like it and not do anything to help them out. I as well also worked with my hands all my life with a few different types of jobs, mechanic, heating and cooling, and plenty of other physical labor jobs. That's how I am. I pulled 3 nerves out of spinal cord so I have pain all the way down the left side of my neck to my finger tips. Also the left side of my back and chest are in pain. I'm still in physical therapy and doctors are still running all types of tests on me. they are talking about more surgery in Iowa City. I have already been to Mayo and they only gave me bad news. I really can't work as much as I should be able to because my right arm and hand are starting to have problems and the doc said tendinitis caused from over using it, They want me to take a break but I can't. I need this ss because I need the help from the income to make up the difference in what I can make. Plus I'm so far in debt since the accident I need the help to get out. And I need the insurance because with this injury and the prescriptions and doc visits and everything else I can't afford to live. And without any help I really feel like biting the bullet because nobody understands the pain or how I feel or what I go through and without any help I can't afford to keep going.

[Master DIVER TOM]

Wow!
You won, Great!
Please call your Lawyer, ask what your back amount is , after lawyer expense.
When you find out and get this check start paying just the min payment on your credit card and get into a credit card consolidation program.
You are doing great,
So much Crazy things happen like this in life with birth injury and latter in life injuries to.
Sometime the emotional issues are far worse than the injury , Sometimes. birth Erbs 1950, I know how you hurt it Sucks,
Hope this helps???
Tom

[1993z28]

Yeah my lawyer said I won but I don't believe it until I see the letter from ss saying I won. If I did win after my lawyer fees and everything my check should be over 20k so I will be able to get out of debt but this is a very hard road that nobody understands. Most people think that this is easy but that's because they don't feel the pain or frustration that is has when you cant do something simple. Talking to people on this site does help because at least everybody on here understands what I'm going through.