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01-20-2004, 02:53 PM
| | | | social security disability benefits
What is the name of your state? az
unnmarried man # 1 is unemployoed. he lives with unmarried man # 2, who is employed full time. unmarried man #1 is HIV positive with a T cell count hovering at around 200.
unmarried man # 1 contacts ssa to inqiury about filing for disability benefits (with full support of his physician). ssa informs # 1 that because he is living in same household as unmarried # 2 ssa would include #2's income when evaluating #1's application for benefits, despite the fact that there is no relationship recognized by state between # 1 and #2 - as a result of ssa decision # 1 was denied benefits
is it legal for ssa to use the income of an unrelated, same sex member of the household when evaluatijng an application for disability benefits? |
01-20-2004, 03:14 PM
| | Senior Member | | Join Date: Sep 2003 Location: Purgatory
Posts: 2,017
| | | Did you or whomever #1/#2 file an appeal with soc sec?
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01-20-2004, 08:17 PM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | | I agree.. SS is notorious for denying claims... especially first time out. However, it is also true that they use any and all household income to figure benefits.
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01-21-2004, 05:16 PM
| | | | SS
your majesty....
an appeal is under consideration - however, we are afraid that the cost of litigation might be prohibitive |
01-21-2004, 05:46 PM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | | SS can be very hard to get so here's what you need to do. Firstly you call that 800.. WEEKLY and talk to the caseworker to see how your case is coming along. You will have to see a doctor that THEY send you to to qualify. IF at that point they deny you again this is when you find a lawyer that specializes in SS benefits. These lawyers do NOT take a few up front... what they do is they take a percent from the back pay you receive from SS if and when you are approved. The time between the second denial and a court date which is the third stage can take up to a year. It isn't profitable to get a lawyer before you are denied the second time. The lawyer does nothing until you actually go to court. Not sure where you live but if you have a state represenative close by visit their office. In my town they have a person that deals with this. They will tell you that they can't influence the decision but can find out how the case is coming along. It seems when the state receives a letter with the letter head of a public official things speed along a bit faster. SS is NOT a fast process and takes lots and lots of time but you have to stay on top of things.
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If it seems like you fell out of the stupid tree and hit every branch on the way down, be aware, I'm going to let you know.
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