Text 412, 91 rader
Skriven 2006-10-17 21:42:12 av Ardith Hinton (1:153/716.0)
    Kommentar till text 406 av Daryl Stout (216.survivor)
Ärende: Favorable Ruling...  1.
===============================
Hi, Daryl!  Recently you wrote in a message to Ardith Hinton:

DS>  my wife and I got back from a bereavement trip to
DS>  Florida this week...her grandmother passed away last
DS>  Thursday at 92. It was a royal pain, security wise...
DS>  even with our disability and medical documentation.


          My condolences to you & your wife.

          I've heard that some folks have difficulty taking CPAP machines etc.
on a plane.  But I also heard of a person who had no difficulty at all because
he happened to be dealing with somebody who used one himself & knew right away
what it was & what it was for!  You can never be sure nowadays what you'll run
into.  It's a good idea to have the documentation available, at any rate.  :-)



DS>  We'll be making some phone calls Monday to verify
DS>  things before we start moving some of that money to
DS>  pay bills.


          A wise move, I think....  :-)



DS>  one of the family members has several health issues...
DS>  but he says "he was denied disability because his wife
DS>  makes too much money". He was going to just throw in the
DS>  towel on it, but several others...including my wife and
DS>  I...told him that "he had to fight them".


          Yes... total family income may or may not matter, depending on where
he lives & who's interpreting the rules.  I've heard of some couples getting a
divorce so they could say they were living together just to share expenses.  I
doubt that's what the folks responsible for making the rules intended....  :-(



DS>  I think many folks give up after the first "denial"
DS>  ...and unless it is SO OBVIOUS that you are disabled
DS>  (i.e. broken neck, paralysis, blindness, loss of a
DS>  limb, etc.), you will get denied at least once...if
DS>  not more...and it will take awhile to get your claim
DS>  granted.


          The rules may differ from place to place... but even in situations I
know of where the need seems quite obvious, I hear the same story.  Maybe it's
routine for certain agencies to deny the first claim *because* a lot of people
will give up & go away.  Maybe initial attempts are processed by somebody very
junior who's afraid of making decisions which could get them into trouble.  Or
maybe a bit of both.  If you're not easily discouraged & you have a good case,
you may indeed have more success by going to a higher level of authority... as
you did.  There you're more likely to find people who can see the big picture.

          An obvious physical disability does not necessarily mean a person is
incapable of gainful employment.  I know or know of many people... one notable
example being the current mayor of Vancouver... who hold down well-paying jobs
despite problems such as you mentioned above.  Some can, some can't.  And some
may need assistance now to achieve their potential in future.  It's not always
a simple matter.  I think you did the right thing by pointing out why it's not
fair to expect you to earn a living, although you've done so in the past.  :-)



DS>  I think it is worth the risk to have legal counsel...
DS>  especially if they work on a contingency basis. If you
DS>  lose, neither you nor they get anything for their efforts
DS>  ...so the attorney will do all they can to win your case.


          Uh-huh.  Lawyers understand the law better than you & I do... that's
what they get paid the big bucks for!  It's not easy for the average person to
determine where the law may or may not be on their side without expert advice.
There was a case here recently, for example, of a young man with developmental
disabilities who applied for the equivalent of your SSI & was turned down.  An
agency appointed by the government had decided he did not qualify for benefits
because his IQ fell into the "low & slow" range.  His parents took the case to
court, and won.  The law doesn't say a person must be mentally handicapped (as
determined by their IQ) to qualify... or so the judge said.  This decision may
be appealed.  But the fact that you & I can't find references to something may
or may not indicate it doesn't exist.  There's where we need lawyers....   :-)




--- timEd/386 1.10.y2k+
 * Origin: Wits' End, Vancouver CANADA (1:153/716)