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Question about filing for disability

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isis297

Member
State: NY

My husband has had chronic spine issues for about 14 years now. His issues continued to get worse with new things popping up or his chronic issues just getting worse every few months.

He saw a substantial decline last April. We are at the point where we think disability may be the way to go. Right now the site says we need to gather all of his physicians' information as well as dates of service. The question as how far back do we go? Do we go all the way back 14 years or do I just go back to when things started getting their worst which was probably about 6 months prior to his most significant decline (November 2018)?

There's also a chance we will have to move out of state. I'm guessing we shouldn't do that as long as we are in the process, but what happens after? Would his status follow him to wherever we move to?
 


adjusterjack

Senior Member
Here's some information about NY State's disability insurance. It's employer related and is short term (26 weeks). Whether it is, or was ever, available to him is something you'll have to figure out:

http://www.wcb.ny.gov/content/main/DisabilityBenefits/Employer/introToLaw.jsp

If he qualifies for short term NY disability I can only guess that benefits follow him wherever he lives. You'll have to check that out. Is he employed now? If not, when was he no longer able to work?

As for SSDI, understand that many people get denied the first time around and then have to go through the appeals process. Took my sister 2 years before she was awarded benefits. The award included retroactive benefits back to the date of the onset of her disability.

All I can say is file now and if his condition goes back 14 years, give the SSA 14 years of records. You can't give them too much but you can give them too little. Too little is a guaranteed denial and then you start over.

SSDI is federal so it doesn't matter where you live. What matters is that his disability prevents him from working.
 

LdiJ

Senior Member
State: NY

My husband has had chronic spine issues for about 14 years now. His issues continued to get worse with new things popping up or his chronic issues just getting worse every few months.

He saw a substantial decline last April. We are at the point where we think disability may be the way to go. Right now the site says we need to gather all of his physicians' information as well as dates of service. The question as how far back do we go? Do we go all the way back 14 years or do I just go back to when things started getting their worst which was probably about 6 months prior to his most significant decline (November 2018)?

There's also a chance we will have to move out of state. I'm guessing we shouldn't do that as long as we are in the process, but what happens after? Would his status follow him to wherever we move to?
Someone on disability can live anywhere in the US they want to live and can move as often as they like, so moving isn't an issue. You could move while in the application process as well, but I agree that it might unnecessarily complicate things. You could consider moving prior to applying as well.
 

cbg

I'm a Northern Girl
Just to clarify, NY is one of (only five) states that provide disability benefits to its citizens. I do not know the qualifying criteria; just that the program exists.
 

FlyingRon

Senior Member
When he says "dates of service" it lends me to wonder if this was a military disability they are considering.
 

isis297

Member
I apologize for the confusion. No he was not military. The checklist I downloaded said that he needed to put together a list of dates of service from each doctor in regards to his condition (appointments, procedures, tests, surgeries).

His last company just laid everybody off June 30th because the contract they had didn't renew. The company he was with was pretty accommodating when it came to his health I gather because he had been there for 9 years and had always been an examplary employee who always went above and beyond.

He has been looking for a new job, but we want to be prepared if it's determined he's going to have trouble finding work with his condition. We aren't sure how far back we need to go in gathering his information. Do we go back the whole 14 years or only as far back as when things began to significantly amp up which now that I think about it was August 2018?
 

adjusterjack

Senior Member
His last company just laid everybody off June 30th
Did the company have the state mandated disability insurance? If so, your husband may be able to continue the coverage under COBRA. If he can do that he may find it easier to claim the short term disability right away if his condition prevents him from working.

He has been looking for a new job, but we want to be prepared if it's determined he's going to have trouble finding work with his condition.
Be careful about that. This from the SSA website:

What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you disabled under Social Security rules if:
You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings, and investments.

https://www.ssa.gov/benefits/disability/qualify.html#anchor2

"I can't work because of my medical condition" should be your husband's mantra.

Do we go back the whole 14 years or only as far back as when things began to significantly amp up which now that I think about it was August 2018?
Err on the side of caution and go back to onset.
 

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