Question About S.S.I

Hello everyone *hugs* I need to vent a little bit.

I would like to know:

1. If anyone is on S.S.I.

2. If you are on S.S.I., what age were you when you were approved?

3. If you applied for S.S.I. and were denied, how many times have you tried?

I'm so frustrated! We applied for S.S.I. when Austin was first diagnosed at the age of 3 years and we were denied. I was told that I should be happy that my son isn't sick enough for the benefits. They told me to re-apply when it moved into his lungs. Grrrrr! Don't get me wrong, I was happy that he wasn't sick enough, but I also knew that he was going to need those benefits saved for his future.

Three years ago we applied again. Denied. We got a disability lawyer that took our case and she wouldn't get paid unless we were approved. (10% if he was awarded any cash.) Again...denied. When Austin was diagnosed with CFRD, we were sure they would finally approve it. The doctors sent documents along that said his PFT's were great and that he was in a high percentile concerning his height and weight. He had polyp surgery the year before and is still suffering from growing polyps. He's having a tough time managing his diabetes. I had started home schooling him and even though he was having a tough time, his teachers sent paperwork saying that he was doing fine! Grrrrrrr. We were brought before a judge and he took one look at Austin and said, "I am pretty sure I cannot grant you what you need. You look very well for a young man with Cystic Fibrosis." He asked Austin a good amount of questions. (I was not allowed to speak on his behalf) Austin was very nervous and I don't think that his concerns about his future came through correctly. Anyway...once again...DENIED! Yes, I was told the same thing, "Ms. Warkentin, be happy that your son is not ill enough to receive these benefits."

Every time I go down to U.C.D.M.C., the social worker asks us if we are on S.S.I. and when we tell him no, he always acts surprised. We get, "Almost all of our CF patients are on it, I cannot understand why Austin isn't." Every darn time we have to explain why he isn't.

Now, here is my key question... Now that he has had to be put on the Tobi every other month, and his Staph infection in his lungs is 4+, should we attempt to apply yet again???? I just for the life of me cannot understand why I was approved the FIRST time I applied for S.S.I. for my depression, yet a terminally ill child was denied FOUR times! I'm sorry to rant and rave, but I am at my whit?s end.
 

JazzysMom

New member
First thing is when were you denied last. The secret is not to reapply, but to appeal, appeal, appeal. Secondly what lawyer did you use? Beth Sufian, an attorney in Texas who has CF & practices fighting for the rights of other CFers is your best bet. When I applied for SSDI & was originally denied, I contacted a local disability lawyer who wanted my case based completely on things that a back injury case would be. Being helpless, not able to care for myself or daughter etc. Never once really including the CF in it. My CF doctor did not like that idea at all & put me in touch with Beth. I fired the original lawyer. I am not a wiz at the SSI, but there is a woman named Julie whose husband has CF. She has become very knowledgable from experience & research about disability & could probably help you. I am sure once she sees your post she will respond. I wish my parents had filed for me when I was young. It would have made it a lot easier for me as an adult when I needed it. Good Luck
 
Melissa,

Thanks for helping out and posting some options. Last time we were denied was 4/13/2003 ...wayyyyyy past the grace period for appealing <img src="i/expressions/face-icon-small-sad.gif" border="0"> I guess we just got frustrated and gave up. But as the disease progresses I have to keep trying, right? I never know when it's going to get worse. We?ve been lucky enough to not have anything major happen in the last 2 1/2 years, until now.

I've attached, as you can see, two thumbnails of the letter of denial. Let me know what you think of it. I won't go back to the lawyer I used. Her name was Shirley Hull and she moved like a snail. I think she knew we were going to be denied and she wouldn't get any money...so she pushed us aside. Can you believe that she NEVER requested to see Austin? She didn't even lay eyes on him until 5 minutes before the judge did! She took one look at him and told me that if she knew he looked this good, she would have told us to give up. Grrrrrrrrrr He may look OK on the outside, but.....well, you know.

How could I possibly use Beth Sufian as my lawyer? I'm so far away from her. I feel stupid. I assumed you needed a lawyer close to home.

Thanks again!

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<a target=new class=ftalternatingbarlinklarge href="<a target=new class=ftalternatingbarlinklarge href="http://i21.photobucket.com/albums/b265/PGHSReunion/Austin/SSI2.jpg
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JazzysMom

New member
Well when I used Beth Sufian she was in Texas and I was in NY. She has helps people from all over. Since we are talking SSI versus SSDi, I dont want to give you wrong information. What I can tell you is that Social Security has guidelines for CF itself in which you must fall to be considered disabled. Three categories I know of which are inhaled antibiotics usuage (required time I dont remember), history of hemoptysis (bleeding....dont remember amount or length of time) & lung function. I would highly suggest contacting Beth before "wasting" any time. I am sure she has a website by now, but this is the contact info that I have for her:

Beth Sufian
Sufian and Passamano, Attorneys at Law
802 West Alabam St
Houston TX 77006
Phone: 713-665-7618 (I know there is an 800 but I cant find it)
Fax: 713-665-7486
 

anonymous

New member
Here is the criteria for SS Disability for children.

<a target=new class=ftalternatingbarlinklarge href="http://www.ssa.gov/disability/professionals/bluebook/103.00-Respiratory-Childhood.htm">http://www.ssa.gov/disability/professionals/bluebook/103.00-Respiratory-Childhood.htm</a>

If you are applying for state SSI, though, I can't help you there. I do wonder if the criteria is different from state to state or basically the same?


Sorry, I also posted this on another thread by accident<img src="i/expressions/face-icon-small-confused.gif" border="0"><img src="i/expressions/puppy_eyes.gif" border="0">
 

julie

New member
Laurel, I'd love to send you some information on this stuff for SSI. My email address is division902@hotmail.com
 

anonymous

New member
i feel so bad for the fight you are going through . why is it people that need the help the most dont get it? now i feel almost guilty that my son was approved two weeks after i applied and he doesnt seem to fit the criteria at all. anyway good luck and keep trying.
 

anonymous

New member
HI. I am a 28 yr old male with CF and CFRD. I applied for SSI like many and was denied.. in fact I was denied a couple of times. Finally I did go to Beth Sufian and after a yr or so we won our case and I got a nice backpay as well.
Beth is great and she really knows what she is doing. I will tell you one thing. If you plan on going at it on your own, you might as well kiss it goodbye. I tried for four years and had no luck. The real way to do it is with a lawyer, and Beth was great.
I promise you that when fighting the government, you need all the help you can get.
When you apply for SSI their GOAL is to deny you. I was denied once when I was 25 for having a job when I was 16 in high school!
Im telling you they will try to work every angle they can in order to deny you but when you have a lawyer it is alot different. There are many angles that they can help you with in order to come out on top. IF you are really serious about getting SSI then you have no other real alternative. SO my advice is to get a lawyer and yes Beth was GREAT.
 
Well, after emailing back and forth with Beth Sufian, the outcome is bleak. Here is one of her last replies to me.


<i>If you did not appeal after you lost after you had your hearing then you will have to start all over and file a new applicatiuon. Your lawyer should have told you this. A person has 60 days to appeal if they get a negative decision from a judge. Beth</i>

I was never told this. Feeling really frustrated. Will start the process all over again soon, when I get my head back on my shoulders.
 

julie

New member
It should have been on your paperwork that you had 60 days to appeal. If you look through all your paperwork and you can't find that information, You have a real case to fight then. But if it is there, you will have to start all over as Beth said.
 
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