SSI application process

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I've filled out the adult disability form and have a meeting with people at the local social security office for an application for SSI on Monday. I'm really worrying about how it'll go, what they're expecting from me and such. I've been told by people that I'd qualify but they'll reject me anyways, but that's all the information I've been given. At this point, once I've filled out the initial form, how does it work? Does it matter if my doctor has no knowledge about ASDs (like, she didn't seem to be aware that Asperger's Syndrome was even related to autism)?

I'm applying for Asperger's Syndrome + major sensory issue migraine triggers, with minor social anxiety and chronic tension headaches added on.

I spend much time in technicality land, and one federal case I've been shoveling through is:
JONATHAN LUCKETT v. MICHAEL J. ASTRUE, Commissioner of Social Security (No. 2:09-cv-00037 KJN)
usually at: http://docs.justia.com/cases/federal/di ... 5/28/0.pdf
The "Five Steps" listed on page 4 of the court case are very relevant, as different sets/variations of impairments can satisfy the definitional finding of "disabled" in many permutations (my epilepsy satisfies Step Two with perfect but difficult to get documentation, while my migraines satisfy both Steps 3 and 5 with differences in evidence).

There is an important loophole about drawing SSDI off of a parent's Social Security Account, that may or may not be available (I lacked old documentation and I made enough in wages to probably also disqualify myself on this, and SSI requires filing for all possible SSDI at the same time for SSI (and losing SSDI rights without a good and difficult initial dispute), but SSA may be in legal violation in a Catch-22 legal challenge). Then, most legal sources note that it is best to appeal all denials, and with a final denial, to file suit in federal district court, as simply filing another new claim loses all former legal rights and possible past benefit payments.

My contested impairments in 1987 involved epilepsy, speech impairments, migraines, and a plethora of complications with epilepsy. If I ever get genetic testing, any new contest would probably include Tuberous Sclerosis Syndrome, which would include epilepsy, autism, etc. as consequential impairments, and a complex legal argument that I am eligible for SSDI under my parent's SS account .

I also sought employment relevant to my university degrees through State Rehab, and when I started filing federal lawsuits against federal employers and the State Rehab, SSA cancelled the scheduled ALJ hearing, and declared me SSI disabled, while State Rehab then used that against my lawsuit with them.

With a university degree, it was also claimed I was over-qualified for many positions, and those court cases ended much like the semi-famous case often googled under "too smart to be a cop". Then, employers never heard of the word "epilepsy", let alone ever regarded it as anything to possibly be known.

I viewed my disabilities in 1987 as being able to be "reasonably accommodated" by employers, but until 2001 or so with a Supreme Court ruling in another case/district, the 9th Circuit held SSI and/or SSDI to be totally disqualifying for being "otherwise qualified", while telling me that SSA "disabled" didn't necessarily mean Rehab "handicapped".

"Residual Functioning Capacity" (more per SSI) is still often determinative in the "stepped" process of disability decisions: http://edocket.access.gpo.gov/cfr_2011/ ... 16.945.pdf

Tadzio

adult pages 503-(512) pages 570-579 child autism page:
http://edocket.access.gpo.gov/cfr_2011/ ... 4PApp1.pdf


http://www.socialsecuritydisabilitylawy ... pairments/
http://www.socialsecuritydisabilitylawy ... ility.html
http://www.socialsecurity-disability.or ... disability

Well I can tell you that I collect disability and I had no trouble getting it. I was never turned down. You just need adequate proof of your disability and everything will be fine.

My best advice is something someone here gave me (Sparrowrose) is:

When you do your function report or talk about your functioning, swallow your pride and be as brutally honest as you can. Don't frame things in terms of what you can do, but how you are limited from doing the things you want or need to do. If you feel uncomfortable and are still telling the truth, you're probably on the right track.

Like, I'm not going to say I get out of bed every day and get on the computer. I am going to say I have to literally crawl out of bed and use my computer chair for support to get to my computer desk, where I will use the computer until I have the energy and my legs have eased up on pain and stiffness enough to get up and get food, feed my cat, etc.

This isn't an exaggeration - it really is what I go through most mornings. You really have to look at it in terms like that, I think.

Basically, your disability has to prove that you can't get a job.

I was turned down, because I can easily get jobs in my chosen field (cooking.)

However, I can't keep a job to save my life. So I work one job for 1.5 yrs, then am unemployed for a year, then get a job for 3 months and am unemployed for a year.

And as I get older and my work record shows that i don't stay long at jobs, it gets harder to get a new job.

The state doesn't care about that. As long as someone will hire me for a couple weeks, I can't get SSI.

Just FYI, Asperger's/autism doesn't qualify you for SSI. You have to prove it in other ways.

SSI= Supplemental Security Income.

SSD= Social Security Disability.

You really need to know the diference because they are 2 different things. I only know about Disability because that is what I receive.

As for the Disability, here in my state ALL CASES ARE REJECTED ON THE FIRST FILING.
PDD (pervasive developmental disorder) IS CAUSE for SSD. And Aspergers IS a PDD. My job history said it all....I can get a job & lose it in 90 days; again, and again, and again & again.

File and then hire a lawyer (they advertise EVERYWHERE). Then you just have to wait. Good luck with that. (NO sarcasm meant in that last statement, I am sincere!)

I imagine first thing you should do is get some documentation of your AS or any other qualifing problems you have, as in official diagnoses. I got denied and not having official diagnoses documentation is probably one of the reasons why so I am still trying to find a way I can afford to do that...and then thinking about re-applying. Not sure how it will go the next time around but I'll find out.

Part of the problem I'm having is that my daily activities are avoidance. Rather than going into public and being overloaded with sensory input, being put around smoke, and ending up in major pain, I hide inside my apartment, wrapped up in a weighted blanket, with extra seals on the door and an air purifier immediately next to it. Going outside of my apartment is something that I do basically only when its necessary, yet the disabilities would primarily be visible outside the apartment.

All I know is what my lawyer AND the judge at my hearing told me. "You can't qualify with ASD." So, if you do, great. I'm just telling you to be prepared that there's a possibility you won't.