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Social Security disability – a benefit or a nightmare?

Persistence and attention to detail may be key to receiving Social Security disability benefits. Attorney Allison Tyler has handled Social Security disability benefit cases for 14 years.”Generally it’s a very long and arduous process,” she said, “The process could not really be done any better because most of the time it’s a judgment call.”Tyler said it takes four to six months to process a claim and another year to get a hearing if the claim is denied. After the hearing, she said, it could take two to six months to receive a written decision. The whole process could take a total of up to two years, Tyler said.”If the appeal is lost then the case can be taken to federal court,” she said, “My advice to people is to not give up if denied. It’s very important to request a hearing if you are initially denied. Don’t start all over,” Tyler said.Dale Serfoss, 44, a Falcon resident since 1993, was injured in 2002 while working at the Colorado School for the Deaf and the Blind. The injury resulted in twisted impacted vertebrae, and he received workmen’s compensation until early 2004. Serfoss said after it expired he applied for Social Security disability benefits, but was denied.Although a doctor evaluated Serfoss and it was determined he could not sit or stand for more than two hours, he said the Social Security Administration told him that the reason he was denied was that he had too many resources.Douglas Smith, Social Security regional communications director for the Denver region, said to qualify for supplemental security income applicants are allowed to own one house and one car, but no other resources over $2,000 for a single or $3,000 for a couple. Examples of resources are real estate, cash, stocks, bonds, burial plots and life insurance, Smith said.Serfoss said he spends about 18 hours in bed because of his injury.He has decided to hire an attorney.”I don’t know what to do. I know something needs to be done. I’m in a bad situation,” he said.Kenneth and Darlene Wulf have lived in Falcon for more than 30 years. Kenneth Wulf was a plumber for 35 years, but could no longer work because of Crohn’s Disease. Darlene Wulf said the disease was undetected for many years, but eventually robbed his body of much-needed nutrients and affected his short-term memory. She said her husband could not work efficiently because of the memory loss, and employers didn’t want to deal with it.The Wulfs applied for disability benefits, and were told the process takes six to nine months, she said. Their claim for supplemental security income also was initially denied because they had too many resources”It’s a hard step to depend on charity,” Darlene Wulf said. “It’s a blow to his ego to depend on others, but I tell him he has paid into it and it’s his money. I think that helps.”Smith said 47 million Americans receive Social Security benefits. Two Social Security disability programs are available for people who have been injured or have an illness. He said some applicants may qualify for both programs, but they must have had the disability for one year.Social Security Disability Insurance requires that applicants paid into the Social Security program for five of the last 10 years, Smith said. The amount of a person’s wages that are directed into Social Security determines the amount of benefit he or she will receive. A sliding scale is used to determine benefits for younger workers who have not worked as long.Supplemental security income is available for Americans 65 or older, the blind, or disabled, and is paid according to financial need. Smith said income guidelines change annually, but, in 2006, income must be less than $623 per month. Smith said some states, such as California, supplement the federal program with additional funds, but Colorado does not supplement the disability program.When a person applies for either program, medical and other information is collected, Smith said. A decision is then made based on meeting the Social Security definition of disability.Tyler said many injuries and illnesses automatically qualify for disability benefits if the right information is included in the medical records. Terminal cancer, severe strokes and Lou Gehrig’s disease are among a few, she said.”Don’t leave anything out. List all your medical problems, even if you feel uncomfortable about it. It’s important to get a whole picture of a person’s health,” Tyler said.Stan Olkowski, 48, worked in the telecommunications industry for 25 years before he began to develop symptoms of Crohn’s Disease. He said it has been two years since he has been able to work.Olkowski completed an online application for disability, which took five to six hours to complete. It took Olkowski 16 months to receive disability benefits. He said the first time he applied he was denied. After hiring an attorney, his claim was resubmitted and approved. Six months later, he started receiving benefits, he said.”It’s a really big issue that you’re waiting for that year to receive benefits. Going through that first year, while you’re starving, is really hard,” Olkowski said.He said his attorney informed him that he could also submit a claim for his son who is under age 18 and lives at home.Smith said family members could also receive benefits with some restrictions.”A person can receive benefits as long as the medical condition has not approved. If there is improvement, the applicant is responsible to report the improvement,” Smith said.Darlene Wulf said she compiled information from doctors and assembled all the information they needed to make the process faster. “So far, we’re not seeing any kind of speed,” Wulf said. “It’s a hardship when they’re dragging their feet while they decide who qualifies and who doesn’t. If we had to do it over, I would have kept a journal of when we first noticed symptoms, when his ability to work decreased and all the doctors’ appointments.”On average, Social Security disability benefits in Colorado can take 100 to 107 days for SSI and 107 days for SSDI. “In some cases, it takes a couple of weeks,” Smith said.Smith said 28 percent of applicants are initially approved, while 58 to 60 percent are approved after they have appealed through a hearing.Applications can be completed online for SSDI claims, but not for a SSI application. Smith said applicants also could call the Social Security office to make an appointment. The day a person contacts the office establishes the protected filing date. If an appointment is missed, a letter is sent and the person has 60 days to reschedule.”SSDI benefits have been provided to Americans by the government since 1956, and SSI has been around since 1974,” Smith said.”Be thorough when completing the application and the adult disability report,” Smith said. “Understand the full range of disability or condition, list all medical conditions you have and describe your symptoms and limitations.”For more information about Social Security disability benefits, call 800-772-1213 or go to the Social Security Web site at www.socialsecurity.gov.

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