new medical info before the aministrative law judge appeal.

[slreno]

What is the name of your state ohio?

i initially filed for ssd on a herniated plate in my neck and it has came all the way to the appeal process which is about 2 months away. well just two days ago i got diagnosed from an mri and the final report from the radiologist that reads the mri's says i have metestatic cancer in my liver, lung and thyroid. no word on the primary yet but i would think from the thyroid. anyway i have "innumerable" spots on the liver. i have read when it has spread like this that it is called stage 4. i tried to work with a friend and COULD NOT, i was worn the heck out in 2 hours. just could not do it. i am always tired. anyway my attorney ask me to fax them a copy of the mri report (because i have it and would be faster than requesting from hospital) that when they got it they where going to put it in front of the judge for immediate approval.
my question is should i even have to go to trial now? can the judge approve this as an urgent situation? do you think the judge will approve this sooner now? i want to get this approved as soon as possible just in case something happens to me so that my wife and custodial grand daughter can get the survivor benefits from it.
please help with my questions.
thanks
steve

 

[quincy]

What is the name of your state ohio?

... anyway my attorney ask me to fax them a copy of the mri report (because i have it and would be faster than requesting from hospital) that when they got it they where going to put it in front of the judge for immediate approval.

my question is should i even have to go to trial now? can the judge approve this as an urgent situation? do you think the judge will approve this sooner now? i want to get this approved as soon as possible just in case something happens to me so that my wife and custodial grand daughter can get the survivor benefits from it.
please help with my questions.
thanks
steve

Steve, these are questions to ask your attorney. There is no way any one on this forum can tell you what the judge will do, and your attorney has access to all facts. We don't.

Good luck to you.

 

[Onderzoek]

The ALJ has to decide on a date of onset of disability. You now have two dates of onset of disability; one is based on your original neck problem and may be the last day you went to work. The next will be the diagnosis of cancer. The date of onset of disability is integral to the months of payment that you will get, whether or not you have enough credits as of the date of onset to even be paid for SSDI, and the amount of the monthly benefit. If the ALJ can only approve you as of the date of onset of the cancer, that would only be a partially favorable decision and a hearing would have to be held so you can present evidence for the prior onset date.

You need to know your date last insured, the date your SS credits 'run out. If you had been working continuously for your adult life, generally it would be five years after your last day of work, rough estimate. Your attorney should know that.

If you should pass away before the hearing (and I am very sorry that if that is a possibility), you wife can be a substitute party who could stand in your stead and be paid any of the money that may have been due you as a disabled person. So that would not be lost.

Whatever the outcome of the ALJ decision, it would have no bearing on whether or not your wife and grandchild can get survivor benefits. Grandchildren, even when you have custody, are not always approved as your dependent. A lot depends on whether the natural parents are deceased or disabled.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/352/~/children-receiving-benefits-from-a-grand-parent

If your grandchild does not meet that criteria, then the child cannot be eligible at all, even though you supported them. And your widow can only be paid if she is over 60, or over 50 and disabled, or any age and taking care of your entitled child (or entitled grandchild) who is under age 16

Adopting this child makes him/her your legal child and automatically entitled to survivor benefits which would then allow for unreduced mother's benefits to your widow.

You need to get out your Social Security Statement and go talk to your attorney about your grandchild's potential eligibility and what it would take to adopt. IMO