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SSDI in New Jersey

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    SSDI in New Jersey

    Hi, I'm knew on this, and searching for information on the hearing process for SSDI. My story is that I was diagnosed with MS on 2012, on 2015 lost my job of 16 years due to the mood swings, got another job that only lasted for 3 weeks due to the limping, balance issues, weakness and the supervisor thought that they should let me go because it was not safe for me or the co-workers. I did applied for SSDI, got denied two times and my lawyer applied for a hearing. The wait time is for 14 to 18 month. Just wondering if I can get SSDI.

    Thanks for the information
    Landy
    Landych

    #2
    sorry, I ment to say new
    Landych

    Comment


      #3
      I'm obviously not Rich - he is on here periodically. To help keep your post alive I'll share my thoughts.

      You should be eligible for SSDI if all your supporting paperwork indicates you are disabled. Don't think your state of residence matters.

      There are others on this board who are going thru or have gone thru the appeal process.

      Comment


        #4
        Hi Landy:

        You said you already have a lawyer. Your disability attorney should be able to answer all of your questions about qualifying for and applying for Social Security disability status and payments (whether it's SSDI or SSI).

        In addition, the Social Security website (www.ssa.gov) has all the information you need about qualifying for and applying for Social Security disability. If you want to search for information on your own, you can start by searching the general Social Security website for information and, for detailed information, the Code of Federal Regulations (C.F.R.) sections 404 and 416. There's a LOT to search through, so it might be faster and simpler just to ask your attorney.*

        You can get SSDI IF your application and documentation prove that you meet the 1) eligibility requirements for disability in general, and 2) eligibility requirements for the particular sections of the code you're applying under that make you unable to engage in substantial gainful activity.\

        The second one trips a lot of people up in their applications and leaves many people confused about why they don't qualify for disability. To qualify for SSA disability, a person has to meet the SSA's definition of disability, not what they (the person) think should qualify them as disabled.

        Drawing from examples posted on message board by people who can't understand why they don't qualify as disabled and incapable or working at any job:
        • Urinary incontinence doesn't qualify as a disability that prevents people from working
        • Loss of vision in one eye doesn't qualify as a disability that prevents people from working
        • Limping doesn't qualify as a disability that prevents people from working at a job performed while seated

        Your attorney knows your case and should be able to advise you of how you meet the SSA definitions of disability and how you don't.

        Also on the SSA website under Hearing and Appeals is the Average Wait Time Until Hearing Held Report listed by location code (you can search for your location code, which you should be able to get from your attorney). The average wait times are between 11 and 24 months. Many of them are between 18 and 24 months. So your wait time of 14 to 18 months is well within the current wait times.

        *Hopefully, your attorney can keep you apprised of applicable and current information about SSDI and your case in particular. Remember, you'll be paying your attorney for this information if you're successful in qualifying for benefits, so don't be afraid to use them for answers to your questions.

        Comment


          #5
          Agree with jreagan that your lawyer should be able to review with you.

          It is good that you retained a lawyer. I hope your attorney is a specialist in SSDI. I know mine was very familiar with the PA processes and even once a judge finally assigned, was able to prep me for this specific judge, along with all the general points.

          Make sure you have your neurologists support. Also, it may help if you have in writing or a statement from the manager that you posed a safety threat to yourself and others. But discuss with your attorney.

          The piece I found amazing is a matrix that is based on your education level and types of job (sedentary, physical) that you would still be able to do. The higher the education level, the more potential areas you are qualified to work in.

          I am so sorry you have to go thru this. It is not a choice we make lightly. And sometimes, the choice is made for us. I would think your steady work history at the one employer and loss of two jobs are things that work in your favor. Now, it is a matter of proving that you meet the definition of disability, which your lawyer should be focused on.

          Good luck.
          Kathy
          DX 01/06, currently on Tysabri

          Comment


            #6
            Originally posted by pennstater View Post
            Agree with jreagan that your lawyer should be able to review with you.

            It is good that you retained a lawyer. I hope your attorney is a specialist in SSDI. I know mine was very familiar with the PA processes and even once a judge finally assigned, was able to prep me for this specific judge, along with all the general points.

            Make sure you have your neurologists support. Also, it may help if you have in writing or a statement from the manager that you posed a safety threat to yourself and others. But discuss with your attorney.

            The piece I found amazing is a matrix that is based on your education level and types of job (sedentary, physical) that you would still be able to do. The higher the education level, the more potential areas you are qualified to work in.

            I am so sorry you have to go thru this. It is not a choice we make lightly. And sometimes, the choice is made for us. I would think your steady work history at the one employer and loss of two jobs are things that work in your favor. Now, it is a matter of proving that you meet the definition of disability, which your lawyer should be focused on.

            Good luck.

            Hi, pennstater, jreagan thank you for the information. My neurologist send a statement to the attorney to informed her about my conditions. She send it to SSA to consider awarding according to listing 11.09A. Hopefully this will help my case.
            Landych

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