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

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

OP:  Please call the number I provided last night.  That's all you have to do.  They will do the rest.  If they take your case, they now you will win and you don't have to go any further.  At least it's a start and all these posts are making me crazy........  Everyone seems to have a different perspective.  You can't listen to all of them.  Pick one and go from there.

Honored Contributor
Posts: 15,662
Registered: ‎09-01-2010

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

I too suggest you get legal help with this situation, due to the complexity of the circumstances.   

 

My husband and several other people I know were able to file for SSD online without any issues whatsoever.  My husband was approved in less than 30 days, thanks to Social Security being able to access his electronic medical record thru the VA.   

 

Obviously your son has a lengthy and well established medical record, but an attorney will be needed to pull all the other legal issues together.   I suspect this process will take some time.  As has been stated, when the lawyer meets with you and accepts the case, you will be asked to sign a standard contract wherein he/she will collect their defined percentage from the lump sum (back pay) awarded to your son---which will be determined by the date the SSB decides your son became permanently and totally disabled.   I have never known anyone's monthly benefit to be affected by legal fees.   

Super Contributor
Posts: 256
Registered: ‎03-11-2010

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

There is a very good online forum called ssdfacts.com(then click on forum at the top)....You can sign up and explain your situation and many will give good suggestions,etc.I think 1 of the posters used to work for SS so he knows quite a bit.

 

Or you could just read there as it is interesting and seems helpful...A friend of mine was bipolar and it took him a while but he finally got his back-pay and monthly check.

 

He said after he was turned down 2 times,he got an attorney and that was what really helped him...I wish you and your son the best of luck.

Esteemed Contributor
Posts: 6,235
Registered: ‎03-09-2010

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

@SahmIam, I may have misunderstood your post, but I was under the impression your son is younger and has never worked and you are attemting to get him SSI now?  

If so, I would recommend focusing on just that and people who have that experience rather than someone who has worked and become disabled and now needs to collect SSD.   If I read your post correctly, then it really is a pretty straightforward thing, especially with the support of his doctors and literature to back it.   

I have it for my daughter, I handle her finances, report to them once a year.  I don't get paid to take care of her although I have a few friends who do get paid to take care of their kids:  Some with small children and one friend whose son is 24.  I have another friend who didn't want to be the payor for her daughter so she has another person who handles her daughter's finances.  

If you do decide to get legal representation, be sure you don't end up in a situation where if you get it, they are going to be receiving a cut or your son's SSI.    But really, I would try to do it myself first.  Go online, go to the questionnaire and start it.  You don't have to do it all in one sitting.  I didn't.  If it gets too overwhelming and you can't answer the questions,  then go from there.  

I want to state again, all of my dealings, be it myself or with all of my friends, I am talking about kids with disabilities who have either never worked or if they do work, it is through job placement with accomodations for their needs; not people who have ever been able-bodied and able to work a regular job and now need to collect SSD.  I do have a friend who is going through that and that is a nightmare.

 

 

 

 

Trusted Contributor
Posts: 1,835
Registered: ‎03-09-2010

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

Get a freind to help you.  You don't need a lawyer. Have every medical record every one and make copies and then fill out the forms and staple all the medical forms and reports to your disability before you send it in and keep copies and make sure you have doctors that write it is needed.  Most people don't get the disability because they don't send in enough paper work from doctors and the illness or injury and then make sure you check with who SS sends it to for review and make sure they don't need more paper work.  In mine they ss sent one piece of paper and I sent the decision makes tons of medical files and I got my disability I was totally disabled at that time.

Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010

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

Contact your local (city, county) whatever Bar Association for local attorneys who specialize in disability claims.  Often these attorneys will offer a free initial consultation.

Esteemed Contributor
Posts: 6,235
Registered: ‎03-09-2010

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


@Ilovehummingbirds wrote:

Get a freind to help you.  You don't need a lawyer. Have every medical record every one and make copies and then fill out the forms and staple all the medical forms and reports to your disability before you send it in and keep copies and make sure you have doctors that write it is needed.  Most people don't get the disability because they don't send in enough paper work from doctors and the illness or injury and then make sure you check with who SS sends it to for review and make sure they don't need more paper work.  In mine they ss sent one piece of paper and I sent the decision makes tons of medical files and I got my disability I was totally disabled at that time.


Along with all of this paperwork, if your son has had to have any kind of special ed  and had any IEPs, bring all of that paperwork, too.  

Respected Contributor
Posts: 3,379
Registered: ‎03-09-2010

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

Bottom line is if you get a lawyer who specialized in disability, it won't cost you anything and you are making sure everything that can be done, will be done in the correct way.


'I refuse to engage in a battle of wits with an unarmed man'.......Unknown
Respected Contributor
Posts: 2,320
Registered: ‎10-21-2010

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

working in the mental health field. I too often see the struggle to live on SSI income alone.

 

Usually they live with their parents/family and when they pass away, become too elderly to care for them, or the person is too much care at home..they can get on a list for a Group Home, Community Residence. The SSI income goes up a bit when you enter a group home/residence, but not much..it covers cost of the home..They are then eligible for Medicaid for medical needs and often food stamps/ebt benefits.

 

It  certainly isn't much. I have a distant cousin who is on SSI of $770 a month..her rent is $550 and believe me it includes nothing, is a small studio and all I can think "for the grace of god go I.." as the area it is in and the condition is deplorable..how we treat our mentally disabled and our elderly and at times our Veteran's is deplorable.

 

Nobody wants to pay  increased taxes ..but what do we do in reality?? All these corporations/CEO have all these tax write offs where some pay less than I do..but that is another topic for another day and not for this board lol..

 

Good luck..Sahmiam...you received good advice here..There should be advocates that assist with the SSI application!

 

Unfortunately if your income is a certain level..they are ot eligible under 18..

 

Good luck..and your a good parent! I have seen many dump off their children on the state when it becomes too much financially and mentally to handle.

Respected Contributor
Posts: 2,320
Registered: ‎10-21-2010

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

[ Edited ]

I am not going to try and edit my previous reply ..to add this.

 

when you google and look for an attorney in your area (Or advocate..) make sure you use the word SSI (Supplemental Security Income) and not Social Security Disability Insurance..as I explained they are very different and often get confused when discussing..so make sure the person you reach out to is knowledgeable in the area you need them for..SSI.

 

Also, you don't necessarily need to have thim declared incompetent.. What you should do is apply for Guardianship ..that gives you the ability to continue to care for him and make decisions. Those papers are available for download on the internet (just make sure you get the ones for your state) and since there is no estate/monies it should be easy to pursue. It is obvious you as a parent, are looking to care for your son and make the decisions that are most beneficial to him and nothing more.