With the help from a friend, Gayle Debilbiss posted a YouTube video as a last ditch effort. At 54-years-old, she's too young for Social Security and according to the government she's not disabled enough for disability.
Debilbiss has a number of ailments but in January was diagnosed with stage three and four non-Hodgkin's lymphoma. ...
A spokesperson with the Social Security Administration says they will re-review Debilbiss' case to make sure everything was done right.
However, he says Social Security Disability has some of the strictest qualifications, basically only people who are severely disabled, for more than a year, or who have an illness expected to end in death can qualify.
Jul 27, 2009
YouTube And Social Security Disability
From News4 in Tuscon, AZ:
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4 comments:
SSA's definition of disability is strict by law:
For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
A simpler explanation is:
"Disability" under Social Security is based on your inability to work. 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.
Both definitions can be found on SSA's web site.
You should be ashamed of yourself. You are a disgrace to Agency employees if you are one. This woman was misdiagnosed for two years, currently needs oxygen, and although she hopes to go back to work, who knows at her age.
She most likely has not been able to maintain competitive employment for at least one year previous to January 09 and that obviously continues. Just because a claimant does not meet a listing does not mean they are not disabled.
The point of the disability amendments was to limit the program...There are plenty of rulings and precedents that expanded the strict definition of disability to many areas which do not meet a defined listing.
This is what keeps SS disability attorneys in business, and rightly so. Trouble is that it shouldn't take 3 years to get it. Better to get a legal review as early as possible. Then , if rejected, the claimant files suit in Federal court.
When my husband applied for SSD, they processed it as a TERI claim - and he was approved, and had back pay deposited into his bank account, in 3 weeks.
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