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Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Having a family member file for disability and declared incompetant++

It looks like I will need to this for one of my children. I am lost when it comes to SSI, disability, the paperwork and the SS office near me is USELESS. I've been to different websites... I think I need professional assistance with the situation.

 

So, is there a specific type of lawyer I should find who can handle this? Specific group that I can contact to give me guidance? He will be living with me for the rest of his life (most likely) and I want to do everything I can to assist him in any way.

 

Thank you for any information. To say this is breaking my heart is an understatement.

Honored Contributor
Posts: 12,420
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++

@SahmIam  I am sorry you are going thru this, especially with one of your children, we might expect to have to handle this for a parent but not our children....unfortunately I don't have an answer about a lawyer, but if you have a lawyer that you handles other things for you I would give that person a call, they should be able to direct you to the proper place.

 

I do know when my niece was having a lot of medical problems we had thought of having her be on short term disability, we discussed the situation with her doctor and he was willing to help out with the medical side of the process.

Good luck to you and your family member.

Esteemed Contributor
Posts: 5,616
Registered: ‎10-01-2014

Re: Having a family member file for disability and declared incompetant++

@SahmIam, sincere understanding for what you are dealing with, been there. Heart

 

When I applied for my DH, I just printed off the forms from the SSI website and went from there, it was rather seamless. Rather than pay an attorney, is there a social worker associated with your son's case that could help you navigate through the system? I've heard of attorneys that want a percentage of the claim in perpetuity and I just don't agree with that. Go through a social worker first. Hospitals have them on staff for this purpose.

No act of kindness, no matter how small, is ever wasted. - Aesop
Honored Contributor
Posts: 18,752
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++

@SahmIam, I just want to add my encouragement and understanding.

 

My almost lifetime BFF had a bipolar son and as the years passed, it became clear he was never going to be able to support himself.  He suffered tremendously and tried and tried holding jobs like being a busboy or waiter.  Actually, he was an incredible artist, but that couldn't earn him a living.

 

It took her and her husband years to get him approved for SS disability, but finally it worked.

 

I don't know what to tell you except to encourage you to keep on.  There probably are lawyers who can help, I'd put that in your child's name so no one tries to charge you.

 

My friend was also able to put her retirement payment in her son's name for life.  I don't know if that's something that might apply to you or not.

 

I wish you all the best.

Trusted Contributor
Posts: 1,328
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++

I'd contact a disability lawyer.

Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Having a family member file for disability and declared incompetant++

To answer a few questions:

 

There is no social worker involved; I have been his advocate and handling EVERYTHING for him since he was 13 and the incident occurred. His neurologist will fill everything out, no problem; his pediatrician (who has been there since the start and handles all his Rx's locally) will see him until age 26  and help out with any paperwork necessary.

 

There is no one "responsible" as it was simply an accident in everyday life that did the brain damage which has lead to other medical issues and going forward, between the heavy and multiple pills he must take to function and the short term memory loss (not related to the drugs), he is going to have to have assistance in many ways.

 

I know there is far more to just filing for disability with SS; there is housing allowance, medical care costs after the age of 26... I've been told that I can receive financial benefits for being his caregiver (that SHOCKED me), help finding support groups for him or maybe a little job for a few hours a week so he can socialize in some capacity... things like that. I'm just.... overwhelmed and well.... need help here.

 

Thank you for your kind wishes and suggestions; it means so much to me. ANY info helps.

Honored Contributor
Posts: 69,806
Registered: ‎03-10-2010

Re: Having a family member file for disability and declared incompetant++

Have a friend who struggled a long time to get SSI.   Once she hired an attorney,  she got it fast.   Some lawyers specialize in processing SSI claims and seem to advertise on TV and in the yellow pages.   Perhaps the state Bar association has a list? 

New Mexico☀️Land Of Enchantment
Honored Contributor
Posts: 9,139
Registered: ‎04-16-2010

Re: Having a family member file for disability and declared incompetant++

@Kachina624 This was mentioned to me (about getting it to go through much faster). Would this be a disability lawyer? Would this person handle trusts and such for him for down the road? Going to court to handle the incompetency ruling/paperwork?

Esteemed Contributor
Posts: 6,583
Registered: ‎08-08-2013

Re: Having a family member file for disability and declared incompetant++

[ Edited ]

@SahmIam  Google "Disability Attorney (and the city where you live)..... Then, click on a few.  If you get one of these guys, your chances are very good.  You definity need one of these guys.  Don't try it by yourself - it might work but it takes much too long.

 

Good luck and I hope you have a good result.

 

ETA:  I am going to look it up for you.   I'll be back.  They get a percentage of whatever you win, eg:  25% or $5,000, whichever is the lesser amount...... (something like that)... You don't have to give them anything out of pocket.  They get paid at the end when you win.  Otherwise they get nothing.

Honored Contributor
Posts: 17,676
Registered: ‎03-09-2010

Re: Having a family member file for disability and declared incompetant++

When discussing things with attorney, s/he will discuss you needing to name a guardian. Obviously this should be discussed with the person ahead  of this meeting.

☼The best place to seek God is in a garden. You can dig for him there. GBShaw☼