Anyone fight a SS disability denial for a child when they turned 18?

[Ottakee]

Does anyone have experience or resources for fighting a denial for Social Security disability once your child turns 18? My dd was denied. She has an IQ of 74, some learning disabilities on top of that, academics of about 4/5th grade and a host of medical issues as well as a mood disorder. Her psychiatrist even mentioned at our last appointment we should try to get full guardianship.

Any resources for me as I appeal this decision?

[maize]

Get a lawyer with expertise in SS disability.

[Crimson Wife]

Get a lawyer with expertise in SS disability.

 

Yes, this. Most lawyers who specialize in this area will take the case on contingency and then you only pay them if they win. The fees would come out of the lump sum for retroactive SSI.

 

Some high percentage of appeals will ultimately be granted.

 

[1shortmomto4]

My first thought was a lawyer and I know, expensive, expensive, expensive.  Another option is to send a letter to your Congressional representative and ask for help in dealing with this situation.  You'd be surprised what they can do for you or at least put you in touch with the right people.  If you are going to seek the guardianship you most likely would need a lawyer to draw that up so probably your best bet but it can't hurt to zip off a quick email to the Congressman/woman.

[kbutton]

 

Does anyone have experience or resources for fighting a denial for Social Security disability once your child turns 18? My dd was denied. She has an IQ of 74, some learning disabilities on top of that, academics of about 4/5th grade and a host of medical issues as well as a mood disorder. Her psychiatrist even mentioned at our last appointment we should try to get full guardianship.

Any resources for me as I appeal this decision?

 

 

I have not. We've been in discussions where others talk about this and where representatives from local agencies have discussed what kinds of things are required for local services. I have heard that lots of people are turned down the first (or several) times, and I know there are some old threads on the board (last two years?) on setting up a binder for documentation you need, paper trail, evaluations, etc.

 

Do you take advantage of any services right now, like county board of DD, and such? I don't know if that helps, but I would think the more that she's qualified for already and the more she takes advantage of now would potentially strengthen that case (like using accommodations at home or school and creating a paper trail can help with getting accommodations for ACT testing and such). In our area, the board of DD has some kind of formula that involves how many disabling conditions the person has (autism plus lower IQ is higher priority than just autism, for example), IQ, and self-care types of things. I believe there are specific evaluations they do that can document self-care, life skills, and other things they factor in. I think they are usually categorized as adaptive behavior assessments if that helps (like maybe the Vineland). 

 

HTH and best wishes taking care of this.

[Gisele Marie]

My daughter, just 18, is in the process of filing/testing for SSI.  We were told many who qualify are sadly denied.  The counsel above is some of what we received as well- assuming we as well, are denied.  The place where my daughter was tested said if we were denied, to call THEM and they would "push it through" since they were the agency SSI hired to prove eligibility.  I think, if able, a lawyer would be the wisest choice.  Please let us know what transpires!  

[geodob]

Denial is standard practice, or rather a few denials.

But 'denial' really means, not yet approved.

Where approval involves working through a process, with denials at each stage, until it is finally granted.

 

It is also virtually standard practice to have a representative/ lawyer.

Though the fee for the representative/lawyer, is actually set by law.

Where the fee is deducted from the 'retro-active' payment.

Which is set at 25% of the retro-active payment, and can be no more than $6,000.

 

But the difference between 'retro-active' and 'back-payment' needs to be clarified?

Back-payment, is  a payment that starts from the day that the application was first recieved.

So Ottakee,  if your application is eventually granted?

Then you will recieve the back-pay.

The fees for the representative/lawyer, will have been deducted from this.

So that you wont recieve a bill.

 

Though you can recieve a bill, if you are granted approval too quickly?

As you may not have accumulated much money in your back-payment?

To pay the representative/lawyer.

In which case, the court will set a fee, and you will get a bill.

 

So that while you go through this Denial process?

Back-payments are accumulating.

 

Though their is also this term 'Retro-active Payment'?

This rather applies to adults, who have 'Acquired' a Disability.

Where the difference is that, their back-payments don't start from the day that they applied.

They start from the day that the Disability was Acquired.

 

But you also mentioned 'guardianship'?

The question is whether your DD will be able to manage her finances?
When SSDI is granted, if you have guardianship? Then payments will be made into your account.

Otherwise, they will be paid to your DD.

So that it really a question about 'financial management'?