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Esteemed Contributor
Posts: 5,424
Registered: ‎03-09-2010

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


@SahmIam wrote:

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.


I want to recommend a book. Nolo's Guide to Social Security Disabilty by David Morton. The author is a doctor who worked for the agency.

 

I am old fashion. I would fill out all documents in paper first and then do them online.

You are going to need to fill out these two forms.

https://www.ssa.gov/forms/ssa-16-bk.pdf

https://www.ssa.gov/forms/ssa-3373-bk.pdf

 

You may want to wait for the latest edition of this book. It will have forms from 10-2015.

 

 

Respected Contributor
Posts: 3,279
Registered: ‎05-15-2010

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

@SahmIam  I have not read the replies but I suggest you call your local County Bar Association and tell them what you need and they will refer you to the proper attorney.  Ask for three references so you can talk to each office and choose the one you want to work with.

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

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

[ Edited ]

THANK YOU ALL SO MUCH!!!!!!!!

 

I am overwhelmed at the kindness and information you have all provided.

 

My son was 13 when the incident happened but it would 2 years before we and doctors realized the level of the damage. I went to SS with 2 large binders ( which is now 4 large boxes of medical info) and after being there 6 hours, was informed he qualified for nothing because my household income was too high HOWEVER at 18, it would not be considered.

 

He is now 18 and his condition has become worse;permanent short term memory loss and the medications he takes causes him to be high as a kite. His pain can often leave him unable to speak and he can only sip liquids through a straw. He is in bed 18 hours or so a day. On a good day, he will sleep 11-12 hours. His condition is rare and usually patients commit suicide as the pain simply worsens as time goes by.

 

I don't know what the future holds for him but he looks upon each new day as perhaps his pain will be gone when he wakes up or medical research will discover a cure. There are no programs, no groups for this....we've looked, called and traveled all over the US and overseas. My job now is to get him what he needs and is legally entitled to for as long as he needs it.

 

So much information...thank you. I am truly blessed.

 

 

 

 

 

Regular Contributor
Posts: 152
Registered: ‎11-19-2010

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

 When I lived in  CA there was a SS Lawyer office next to the SS department.

My Son just  went to SS department to file in  Alaska.

Good luck.

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

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

When you go to a lawyer who specializes in SSD cases they do a through interview with you and look into if you have a case that can be won. If not they will tell you and not accept you. In other words by the time they accept you as a client they are certain they can win your case.

Esteemed Contributor
Posts: 6,287
Registered: ‎01-24-2013

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

[ Edited ]

From what you've said I would highly doubt your son being turned down, sahmIam.

I don't have any experience with SSDI but I do know that payments are retroactive from the day you first apply so it would be in your son's best interest to go on line and fill out the applications. For instance if it took 7 months to be approved he'd get those 7 checks.

Then I'd go to your lawyer to see about a competency hearing and guardianship ASAP.

Good luck to your son and your family as well.

Respected Contributor
Posts: 2,071
Registered: ‎08-25-2010

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

When my brother-in-law filed for disability a few years ago, his congressman helped coordinate his application in conjunction with his doctor. He's older than your son, but had struggled with serious joint/mobility problems for years that finally made it impossible for him to do his job. His congressman's district office acted as his advocate at no cost.

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

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

I haven't read all the responses but are you applying for Social Security Disability Insurance - otherwise known as SSDI or SSD OR Supplimental Security Income othewise known as SSI?

 

2 very DIFFERENT types of income. SSDI/SSD is administered by Social Security and the other is a gov't assistance program for disabled persons not eligible for SSDI/SSD.

 

First off..which one are you actually applying for?

Esteemed Contributor
Posts: 6,287
Registered: ‎01-24-2013

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

It would be either SSI or SSDI because he's never worked. I think...
Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

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


@Lila Belle wrote:
It would be either SSI or SSDI because he's never worked. I think.
In order to get social security disability you must have worked and paid into SS for 40 quarters. I think you would be applying for SSI.