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How do you demonstrate disability...

happyHBmomhhappyHBmom Posts: 2,070
edited 06/11/2012 - 8:45 AM in Health Insurance Issues
at a specific time in the past? Here's my issue- because I am a SAHM, my work history around the time of the accident was spotty. So my eligibility ran out a month after my accident.

So the way I look at it, technically the disability started while I was eligible. I am wondering if they are going to see it that way, though, because at that time my injury was acute. I was still flat on my back with 6 broken bones.

Very interesting.


  • Is that their reason for denying you? That you don't have enough credits now? I'm pretty sure if you send them your records from the accident they should backdate your disability date to then. Maybe also a letter from your doctor now saying that these problems are from that accident.

  • dilaurodilauro ConnecticutPosts: 9,846
    is with Wikipedia's online definition of disability. It goes into a lot of details and various situations.

    The other resource would be to read the Americans with Disability Act (ADA) of 2008. There were several additions made to that, to become the ADA Amendments Act of 2008 (ADAAA)- 01/01/2009.

    This may only be a start into researching what you are looking for.
    Ron DiLauro Spine-Health System Administrator
    I am not a medical professional. I comment on personal experiences
    You can email me at: rdilauro@veritashealth.com
  • No, their reason for denial was that I got sick and didn't complete my forms- but she said this was going to be a sticking point for me. I will get a lawyer, so I won't be in it alone, just curious whether anyone knew how this worked.

    So you guys think that if an accident leads to disability, the day of the accident is the start of the disability?
  • If you where injured on the job and you eventually got laid off you may be entitled to around 60%-80% of your past weekly pay checks (depending on your state laws). The problem is unless you know how to file everything you are not going to get that money so that where a lawyer pretty much becomes very handy. You cannot collect unemployment and receive these compensation checks at the same time (I learned the hard way.)

    As for determining your percentage of disability chances are you will probably have to pay a doctor to give you a rating the lawyer pretty much handles this. It is very pricey. One of the orthos I seen wanted $500 and the other wanted $1500. But you will need a rating if you go to trial just a FYI.

    If you filed a injury report I would try to obtain a copy of that very very important that you do so...

    Hope this info helped?
  • No, I was not working. I was injured in a fall while horseback riding.

  • that I didn't have enough credits...
    I used to work on/off 2 part-time jobs..plus run my household(which in ther eyes is nothing).
    So I got my letter pretty quick..It stated I didn't have enough credits for ssdi but they are not yet denyin me disabled as of yet..
    I called my casework she told me it was being sent to ssi and would most likely take awhile before I hear anything...
    She also helped me figure out how little I would be getting...if ever
    good luck to you
    neck,bone spurs pain started 04, back issues and fusion l4,l5 06~hardware removed.
    good few yrs. 09 pain sharp, numbness feet,legs, diagnosed fibro, neurop. legs.lung issues.
    daily goal do good thing for someone.
  • SpineAZSpineAZ WiscPosts: 1,084
    If you are referring to employer based STD or LTD, you have to apply for that while still an active employee. Once your employment ends your coverage ends.

    If you are referring to SS, you can apply at any time. But you have to be applying for a period in which you had enough credits.

    The amount of credits needed depends on what age you are when you became disabled and were working:

    If you become disabled before age 24, you generally need 1½ years of work (six credits) in the three years before you became disabled.

    If you are 24 through 30, you generally need credits for half of the time between age 21 and the time you became disabled.

    If you are disabled at age 31 or older, you generally need at least 20 credits in the 10 years immediately before you became disabled.

    There is a table of this available on www.ssa.gov you can search by "How You Earn Credits"
    2 ACDFs, 2 PCDF, 3 LIFs; Rt TKR; Rt thumb fusion ; Lt thumb arthroplasty; Ehlers Danlos 
  • As for me, the OP, my application is in and completed, just waiting for the big decision. It's out of my hands for now :)
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