What are my chances of getting on SSI with an attorney?

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Seikakuna
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01 Feb 2014, 12:49 am

I have Aspergers, ADHD, Depression, Severe social anxiety, and learning disablility. I was already denied at the initial stage for SSI so i appealed and got a lawyer. She said it could be up to 18 months until my hearing. I was denied because the SSA thinks i can do simple tasks at work even though i cant get through an interview without having a panic attack. I have a vocational rehabilitation counsellor who gives me places to apply and i apply to them but im too scared to call the job location back. (i'm terrified of talking on the phone) Im really scared because i cant even bring myself to call around for jobs.

I really need to win my appeal with my lawyer in 18 months. What are my chances of getting on SSI?



redrobin62
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01 Feb 2014, 2:02 am

I'm in the same boat as you. I applied 6 months ago and was denied. I'm in the appeal phase now which is expected to last another 9 months. My lawyer swears I have a case. If he didn't I'd just abandon it altogether and look for a job. The waiting, though, is making me depressed beyond belief. I'm halfway ready to take a flying leap off a bridge.



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01 Feb 2014, 2:05 am

As you are, right now, you're unable to work, and you should get SSI. However, since it seems to be that your anxiety is the primary factor holding you back, you won't be considered permanently disabled--you may be on two-year or even one-year reviews. That's as it should be, since anxiety is a solvable problem. If you can get through the interviews, you may actually be able to work after all and not need SSI.

So, I would say, yes--but you may not need it forever. Don't give up on employment. SSI is living way below the poverty line and it's not something you should do unless you absolutely have to. However, you're smart to look into it before you're actually facing homelessness. I waited longer than I should've, and I only avoided ending up on the streets because my application was approved first try in only six months, and I didn't have a lawyer--they tell me that is remarkably fast. I'm trying to get employed right now. In fact, I'm working part-time as part of a work-study program, in a supported environment. I've kept it up for two weeks now and I'm exhausted but really proud. If I can get my degree I may become permanently employable, at least part-time. So don't give up on working. If I've got a hope of working, so have you.


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01 Feb 2014, 2:21 am

Seikakuna wrote:
I have Aspergers, ADHD, Depression, Severe social anxiety, and learning disablility. I was already denied at the initial stage for SSI so i appealed and got a lawyer. She said it could be up to 18 months until my hearing. I was denied because the SSA thinks i can do simple tasks at work even though i cant get through an interview without having a panic attack. I have a vocational rehabilitation counsellor who gives me places to apply and i apply to them but im too scared to call the job location back. (i'm terrified of talking on the phone) Im really scared because i cant even bring myself to call around for jobs.

I really need to win my appeal with my lawyer in 18 months. What are my chances of getting on SSI?


Even with an attorney, it is still a crap shoot, depending on what administrative law judge is assigned to your case. Age will also depend on the outcome of the case. I just turned 55 before my case was heard. The judge assigned to my case, according to my attorney, considers 55 to be the cutoff point for employability and adl.



zer0netgain
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01 Feb 2014, 9:35 am

Seikakuna wrote:
I was denied because the SSA thinks i can do simple tasks at work even though i cant get through an interview without having a panic attack. I have a vocational rehabilitation counsellor who gives me places to apply and i apply to them but im too scared to call the job location back. (i'm terrified of talking on the phone) Im really scared because i cant even bring myself to call around for jobs.


I don't know what your odds are.

The initial ruling is somewhat correct, if you can work, you don't qualify.

Clearly, your counselor is a failure at his/her job. If you have anxiety issues (unable to talk on the phone), the counselor should be trying to help you get into the job by addressing the issue. Handing you phone numbers and letting you go isn't doing enough for you.

Their job is to find people willing to consider hiring someone with a disability and helping them get into the job. That means setting up the appointment, making a call on your behalf, even arranging to go with you so that you have someone to keep you calm before you go into the interview (often making the introductions before leaving the two of you alone).

This person sounds like the typical government worker doing the least they can to keep their job.



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01 Feb 2014, 12:13 pm

Your chances of getting SSI improve if you have an attorney.

Some ALJs are terrible and even a good attorney won't help. The ALJ I saw for my hearing had a 30% approval rate (although a page I found for rating ALJs gives him a 16% approval rate).

I'm starting my fourth year of applying for SSI. I am fortunate in that homelessness is not a risk for me, but I've been living on under $400/month for food and clothes and such. I had to deal with the application, request for reconsideration, appeal for a hearing, the actual hearing, appeal to the Appeals Council to overturn the ALJ's decision, denial of that appeal, appeal to go before a Federal Court and have the ALJ's ruling reversed or to schedule another hearing with a different ALJ (the previous ALJ has moved east).

The psychologist who did my initial evaluation suggested that I could improve in 1-2 years, but her later evaluations indicate that this is unlikely.



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01 Feb 2014, 1:47 pm

The legal standard that SSA used to apply for determining whether you are "disabled" and thus eligible for SSI benefits is the inability to perform any job in the national economy. That was awhile ago, though. It may have changed. That's why it's a good idea to use an attorney who practices that. Some lawyers do that work exclusively.

And as someone who has been a lawyer going on 30 years, they are like any other profession. Some are good, and some are hacks. Referrals are the way to go, if at all possible.


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Seikakuna
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01 Feb 2014, 2:41 pm

zer0netgain wrote:
Seikakuna wrote:
I was denied because the SSA thinks i can do simple tasks at work even though i cant get through an interview without having a panic attack. I have a vocational rehabilitation counsellor who gives me places to apply and i apply to them but im too scared to call the job location back. (i'm terrified of talking on the phone) Im really scared because i cant even bring myself to call around for jobs.


I don't know what your odds are.

The initial ruling is somewhat correct, if you can work, you don't qualify.

Clearly, your counselor is a failure at his/her job. If you have anxiety issues (unable to talk on the phone), the counselor should be trying to help you get into the job by addressing the issue. Handing you phone numbers and letting you go isn't doing enough for you.

Their job is to find people willing to consider hiring someone with a disability and helping them get into the job. That means setting up the appointment, making a call on your behalf, even arranging to go with you so that you have someone to keep you calm before you go into the interview (often making the introductions before leaving the two of you alone).

This person sounds like the typical government worker doing the least they can to keep their job.
Yeah, she doesnt even send me phone numbers. Just emails me the websites of people who are hiring. Some of the places she sends me to dont even have applications online so i have a feeling she is just picking a bunch of random locations and giving them to me regardless of if they are hiring or not. Is there any way to request a different counselor?



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01 Feb 2014, 3:00 pm

I have both a success story and a failed story about SSI. Mine was a success, I got it immediately after I met the state doctor. My primary problem back then was anxiety, bipolar, and autism. But the anxiety was the most severe of all of this. The doctor said in the report, "One of the worst cases of anxiety I've ever seen." How severe is your anxiety? The state doc also said there is simply no way I can ever work. If I could work I would be a psychologist, a researcher or an airline pilot. I actually was in school to become an airline pilot but dropped out because of anxiety. In fact I couldn't even solo in a Cessna 150. And since then my anxiety increased 1000000 fold (not because of flight school, but other reasons). Also my anxiety is so severe I can't even go into a lot of places. I'm afraid of becoming Agoraphobic. My psychosis gets worse every year, with 10 hospitalizations.

My brother applied for SSI years ago and was denied. Then denied on the appeals. Now he's on the third round, the hearing. We are going through that now. Not to scare you off but my brother's case is terrible. The judge is a complete moron and is deliberately targeting our family. For others he has given SSI to most people. We still don't know the official answer yet, but it looks like a no. Also, the judge actually believes if my brother takes a class he will no longer be autistic. Not joking. Also the judge is very old and quite possibly has the beginnings of Alzheimer's disease. My brother's primary problem is autism. We have an attorney. Once the judge called the attorney and literally started singing, yes, singing. I'm not here to scare you and this kind of thing is not normal, in fact the judge should step down for being incompetent. His weird behavior because of Alzheimer's disease is not good. During the hearing itself, he was sleeping on the job! Either he was deliberately targeting our family because we are cursed or we have a case against the judge himself. Do not fear, this will not happen to you.



Seikakuna
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01 Feb 2014, 3:12 pm

FireBird wrote:
How severe is your anxiety?
Severe enough to where i feel like everyone i pass is laughing at me or thinking bad things about me. I'm paranoid all day about things breaking, when they're going to break and not being able to replace them due to having no money. I'm also terrified of loud noises. At a rock concert i was at, while waiting outside, high winds were blowing a bunch of balloons into the edge of the building causing one to pop every 5 or 10 minutes. There were people around, but i didnt care. I had to hold my ears for 2 hours while waiting to get into the building and got so frustrated and embarassed that i sat down against the building and cried. I know for a fact people were looking at me then...i'm also constantly terrified of being yelled at so being yelled at by a boss at a job would make me lose it, i think..

I havent seen a state doctor yet, because they havent called me in to see one yet. And i dont think i've been diagnosed with severe anxiety as it wasnt described on my denial letter.



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01 Feb 2014, 3:46 pm

Seikakuna wrote:
FireBird wrote:
How severe is your anxiety?
Severe enough to where i feel like everyone i pass is laughing at me or thinking bad things about me. I'm paranoid all day about things breaking, when they're going to break and not being able to replace them due to having no money. I'm also terrified of loud noises. At a rock concert i was at, while waiting outside, high winds were blowing a bunch of balloons into the edge of the building causing one to pop every 5 or 10 minutes. There were people around, but i didnt care. I had to hold my ears for 2 hours while waiting to get into the building and got so frustrated and embarassed that i sat down against the building and cried. I know for a fact people were looking at me then...i'm also constantly terrified of being yelled at so being yelled at by a boss at a job would make me lose it, i think..

I havent seen a state doctor yet, because they havent called me in to see one yet. And i dont think i've been diagnosed with severe anxiety as it wasnt described on my denial letter.


Loud noises suck. That is one of my problems. When I go to restaurants, sometimes its extremely difficult. Especially if there are stupid screaming or crying babies. When they let out a scream, I actually scream as well (automatic response, can't help it), and hold my ears. I also have earplugs. But even with the earplugs, its not enough. I would never go to a rock concert. I'm also terrified of crowds. If I can avoid crowds, I will. I would have panic attacks at places like Walmart. So, I stay in the car when my parents shop. Of course a lot of the time I'm even afraid of staying in the car alone for long periods of time. I see the people going everywhere around me. Fast movements. They want to KILL me. I scream and sometimes cry when people get too close. I can't stay home alone either. And I am freaking 30! I also rock back and forth stimming away. I'm sorry that you are going through this. I don't like popping balloons either. When someone is filling a balloon somewhere, I hold my ears and think its going to pop. Hate it.



Seikakuna
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01 Feb 2014, 4:08 pm

FireBird wrote:
Seikakuna wrote:
FireBird wrote:
How severe is your anxiety?
Severe enough to where i feel like everyone i pass is laughing at me or thinking bad things about me. I'm paranoid all day about things breaking, when they're going to break and not being able to replace them due to having no money. I'm also terrified of loud noises. At a rock concert i was at, while waiting outside, high winds were blowing a bunch of balloons into the edge of the building causing one to pop every 5 or 10 minutes. There were people around, but i didnt care. I had to hold my ears for 2 hours while waiting to get into the building and got so frustrated and embarassed that i sat down against the building and cried. I know for a fact people were looking at me then...i'm also constantly terrified of being yelled at so being yelled at by a boss at a job would make me lose it, i think..

I havent seen a state doctor yet, because they havent called me in to see one yet. And i dont think i've been diagnosed with severe anxiety as it wasnt described on my denial letter.


Loud noises suck. That is one of my problems. When I go to restaurants, sometimes its extremely difficult. Especially if there are stupid screaming or crying babies. When they let out a scream, I actually scream as well (automatic response, can't help it), and hold my ears. I also have earplugs. But even with the earplugs, its not enough. I would never go to a rock concert. I'm also terrified of crowds. If I can avoid crowds, I will. I would have panic attacks at places like Walmart. So, I stay in the car when my parents shop. Of course a lot of the time I'm even afraid of staying in the car alone for long periods of time. I see the people going everywhere around me. Fast movements. They want to KILL me. I scream and sometimes cry when people get too close. I can't stay home alone either. And I am freaking 30! I also rock back and forth stimming away. I'm sorry that you are going through this. I don't like popping balloons either. When someone is filling a balloon somewhere, I hold my ears and think its going to pop. Hate it.
I actually like having the house to myself and being alone. Being alone is the most stress-free periods for me because i dont have to worry about my parents yelling back and forth at each other which makes me paranoid that they'll take their anger out on me. And screaming babies make me jump at first but then i start getting angry that the parents are doing nothing to shut their bratty kid up lol. Its the loud, sudden popping noises, like fireworks and balloons, that i literally cannot tolerate.



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01 Feb 2014, 4:50 pm

Seikakuna wrote:
FireBird wrote:
Seikakuna wrote:
FireBird wrote:
How severe is your anxiety?
Severe enough to where i feel like everyone i pass is laughing at me or thinking bad things about me. I'm paranoid all day about things breaking, when they're going to break and not being able to replace them due to having no money. I'm also terrified of loud noises. At a rock concert i was at, while waiting outside, high winds were blowing a bunch of balloons into the edge of the building causing one to pop every 5 or 10 minutes. There were people around, but i didnt care. I had to hold my ears for 2 hours while waiting to get into the building and got so frustrated and embarassed that i sat down against the building and cried. I know for a fact people were looking at me then...i'm also constantly terrified of being yelled at so being yelled at by a boss at a job would make me lose it, i think..

I havent seen a state doctor yet, because they havent called me in to see one yet. And i dont think i've been diagnosed with severe anxiety as it wasnt described on my denial letter.


Loud noises suck. That is one of my problems. When I go to restaurants, sometimes its extremely difficult. Especially if there are stupid screaming or crying babies. When they let out a scream, I actually scream as well (automatic response, can't help it), and hold my ears. I also have earplugs. But even with the earplugs, its not enough. I would never go to a rock concert. I'm also terrified of crowds. If I can avoid crowds, I will. I would have panic attacks at places like Walmart. So, I stay in the car when my parents shop. Of course a lot of the time I'm even afraid of staying in the car alone for long periods of time. I see the people going everywhere around me. Fast movements. They want to KILL me. I scream and sometimes cry when people get too close. I can't stay home alone either. And I am freaking 30! I also rock back and forth stimming away. I'm sorry that you are going through this. I don't like popping balloons either. When someone is filling a balloon somewhere, I hold my ears and think its going to pop. Hate it.
I actually like having the house to myself and being alone. Being alone is the most stress-free periods for me because i dont have to worry about my parents yelling back and forth at each other which makes me paranoid that they'll take their anger out on me. And screaming babies make me jump at first but then i start getting angry that the parents are doing nothing to shut their bratty kid up lol. Its the loud, sudden popping noises, like fireworks and balloons, that i literally cannot tolerate.


Being alone in my room is fine, as long as there are people (my family) somewhere else in the house. but being totally alone with no one in the house at all, I'm afraid someone will break in and kill me. Or that the house would burn down. But being alone in my room on the Internet is fine, I actually like that. In fact that's what I do most of the day.



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04 Feb 2014, 5:45 am

Callista wrote:
So, I would say, yes--but you may not need it forever. Don't give up on employment. SSI is living way below the poverty line and it's not something you should do unless you absolutely have to.


So what? Most wages that ASD people could make are below the poverty line. Plus with SSI you qualify for housing, and all kinds of other good things, and you don't have too deal with all the stress of having to deal with a job. I would say stop working for nothing. You are just working to make the rich, richer. Start taking something for yourself.

I'm just sorry I didn't know about my disability sooner, so I could have started collecting sooner.



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04 Feb 2014, 5:45 am

Callista wrote:
So, I would say, yes--but you may not need it forever. Don't give up on employment. SSI is living way below the poverty line and it's not something you should do unless you absolutely have to.


So what? Most wages that ASD people could make are below the poverty line. Plus with SSI you qualify for housing, and all kinds of other good things, and you don't have too deal with all the stress of having to deal with a job. I would say stop working for nothing. You are just working to make the rich, richer. Start taking something for yourself.

I'm just sorry I didn't know about my disability sooner, so I could have started collecting sooner.



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04 Feb 2014, 6:18 am

Seikakuna wrote:
I have Aspergers, ADHD, Depression, Severe social anxiety, and learning disablility. I was already denied at the initial stage for SSI so i appealed and got a lawyer. She said it could be up to 18 months until my hearing. I was denied because the SSA thinks i can do simple tasks at work even though i cant get through an interview without having a panic attack. I have a vocational rehabilitation counsellor who gives me places to apply and i apply to them but im too scared to call the job location back. (i'm terrified of talking on the phone) Im really scared because i cant even bring myself to call around for jobs.

I really need to win my appeal with my lawyer in 18 months. What are my chances of getting on SSI?


That's exactly what SS told me. That I can still do other simple jobs, with no explanation as to what those jobs might be. My lawyer wouldn't even give me a hint of how good a chance I have of winning. But she did give me a print out of this. The numbers look kind of bad, but you just have to overcome them, I guess.

Image

FISCAL YEAR 2012 WORKLOAD DATA: DISABILITY DECISIONS*