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Defining "disabled" for SSI

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G

ginao

Guest
I am currently teaching a 43 year-old woman to read. When we started about a year ago, she could not read a word. She has since made lots of progress, but still can't read independently.

She is on welfare, lives with her uncle, and takes care of her blind grandmother who has end-stage Alzheimer's and needs 24-hour care. Welfare keep threatening to cut her off, cut her off, put her back on. It is a constant nightmare for her (especially as she cannot fill in the forms on her own!).

She applied for SSI, saying that because she cannot read she is disabled. But she was rejected on the basis that she is looking after her grandmother, and therefore can find work doing that sort of work. What they fail to realise is that no-one would hire her for that work because she cannot read! Without her uncle's help, she would not know which medicines were which.

She got a lawyer, and appealed her case (I think), but lost. Now, she says that she has spoken to 3 lawyers, but none of them will take her case as they think she will lose.

According to SSI literature, a person is "disabled" if they have a "physical or mental impairment that keeps a person from performing any substantial work and is expected to last 12 months". "Substantial work" is defined as work that earns $700 per month or more.

It seems to me that under this definition she should certainly qualify. She has only worked in one job in her life (I think). She worked for a janitorial firm for 1 month, but had to leave because she was not able to fill out their time sheets.

If anyone has any advice that I can pass on, I'd be very grateful.

 


A

Attorney_Replogle

Guest
Your friend's situation is beyond a layperson understanding a definition given in literature by the SSI folks. She lost on appeal. That means that the Administrative Law Judge made a ruling against her. Presumably the judge used the definition in the law, applied the facts correctly and fairly, and came to a conclusion.

So your friend's only remedy is to find an attorney to do the second appeal, or whatever needs to be done, or for her to do it on her own. Since she can't read independently, then she will need a professional's help, right?

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Mark B. Replogle
 

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