SSD gave 2 replies

What is the name of your state?Fl
My husband has applied for SSDI. His app they turned down and said he could still work, or the reconsideration they admit he can not work but don't know if it will last 12 months or more (it has already been 9 months) is this a good thing (the change from can to can't work)? How long until (on average) he gets to go before judge? And do they really think he might spontaneously grow a new spine? Thanks Cat

Q: is this a good thing (the change from can to can't work)?
A: For you, yes.

Q: How long until (on average) he gets to go before judge?
A: If I understand what you are saying, the decision has already been made in your favor by the appeals folks.

Q: And do they really think he might spontaneously grow a new spine?
A: Knowing SS folks, yeah, they probably do.

Check with them to see when you should start expecting benefits.

Fl Cat7 said:

What is the name of your state?Fl
My husband has applied for SSDI. His app they turned down and said he could still work, or the reconsideration they admit he can not work but don't know if it will last 12 months or more (it has already been 9 months) is this a good thing (the change from can to can't work)? How long until (on average) he gets to go before judge? And do they really think he might spontaneously grow a new spine? Thanks Cat

Click to expand...

In 3 more months it will be 12 months . A person is entitled to SSDI or SSI if they are disabled or expect to be disabled more than 12 months .

If you have not heard from SSA when the 12 month period rolls around , get on their case . Also have the Dr's. get on their case .
If they stand by their lame excuses , get a FREE consult with an SSI attorney .

Did he ever get a consult in the first Place ,or have an SSI lawyer involved ?

Yes he has SSI lawyer, he has appointment Friday. Appeal is I think next step. The change from can to can't work was from reconsideration. They turn down his application (said he could still work) then we aked for reconsideration. Which they said they agree he can't work at this time but don't qualify because of the 12 month thing. He hads 6 years or medical test showing he has been getting worse every year, so I don't know where they could think it would get better or at least not last. At least we are getting closer.
Thank you for your help. Cat

Keep in mind that most SSA medical decisions (at the initial claims and reconsideration levels) are made by the state where the person lives (not by an SSA agency). Some states do not have their own agencies, and so use a federal disability determinations agency. (also not an SSA agency). One obvious problem is the inconsistency in making medical decisions from state to state. It is almost rediculous to hear that a reconsideration was denied in the 9th month of disability when so close to the meeting 12 month period, and have them acknowledge that he is currently disabled! Generally, the agency can determine that you would continue to be disabled for at least 3 more months based on the current condition of the client. It appears that your state agency did not feel he would continue to be disabled for at least 3 more months. Filing a Request for Hearing is your next level of appeal and should be filed within the 60 day time limit (the sooner, the better). You will most likely have to wait another 2 - 4 months before getting a date for your hearing, which will be scheduled another 2 to 6 months beyond that (depending on the ALJ's backlog). The approval rates at the Hearings level are much greater than at the Reconsideration level. Whether you hire an attorney or not, get the appeal papers in ASAP and good luck.