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Ask Nancy Delain Your Own Question

Nancy Delain
Nancy Delain, Attorney
Category: Legal
Satisfied Customers: 198
Experience:  Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)
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My child was denied disability for her asthma, she has had

Customer Question

My child was denied disability for her asthma, she has had it since birth and is on all the meds and has to take one to school. What should I do to get her disability?
Submitted: 6 years ago.
Category: Legal
Expert:  Nancy Delain replied 6 years ago.
Thank you for contacting Just Answer. I look forward to assisting you.

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me.

There can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

By using this forum and/or clicking ACCEPT, you expressly acknowledge that any information I may give in response to your question in this forum does not constitute legal advice; there is no attorney-client relationship between us; and all questions and answers are visible to the whole world, including your opponent, and any information provided is therefore not confidential. Because of the public nature of this forum, by posting anything here you waive irrevocably any and all claim to confidentiality or privilege as to the content posted. Please post only that information that you are willing for your opponent to see and use against you if this matter goes to court. Any money you may give me in response to this posting (which may include both your agreed-on sum and any bonus payment) is a gift of gratitude, and is not intended as, nor should it be construed as, attorney's fees. For more information about your matter, you should consult with an attorney of your choice in a traditional face-to-face or telephonic meeting.

What state are you in?
Customer: replied 6 years ago.
North Carolina.
Customer: replied 6 years ago.
North Carolina
Expert:  Nancy Delain replied 6 years ago.

One question to which I think I know the answer already but just need to confirm: Your child is a child still and not an adult (18 yrs or older), correct?

Also, has your child ever paid into the Social Security system (meaning has your child ever held a job)?
Customer: replied 6 years ago.
My child is only 7 years old.
Expert:  Nancy Delain replied 6 years ago.
Poor little kid. That answers both question. Thanks.

The Social Security are good at denying claims; in fact, that's their job. I presume that your child's physician backs up the claim for disability with medical records regarding the need for extensive meds and the degree of disability, so I won't even go there (however, if the medical records have not been submitted, it's time to kick the doctor's tail).

If there has elapsed more time than the statute of limitations on an appeal allows, it's time to reapply for disability for your daughter (that appeal statute is a very short statute; 30 or 60 days) and then appeal a denial promptly within the social security administration. If you're not working, you might need to document why you're not working (child is so disabled that s/he requires your constant care; layoff and looking for work; whatever the case may be). At the time of the appeal, it's time to get a lawyer involved. If you're not working, you probably don't have a pile of cash lying around to pay legal fees, though. Contact your state bar association to find out who in North Carolina handles pro bono matters funded by IOL(T)A (Interest On Lawyers' (Trust) Accounts) funds. These lawyers ARE paid, so it's not charity, and the funds come from, as the acronym says, the interest from lawyers' trust accounts which belongs to no one, so it's not tax-supported. Call that entity up, tell them your situation and ask if you qualify for their services. If you're not working, I bet you do. Those folks handle Social Security issues all the time and are quite expert at them. They're superb lawyers who have chosen to do public service rather than get rich in the corporate or BigLaw worlds.

Good luck. Unfortunately, a social security appeal is more than we can take on via this board. You really do need a lawyer representing you at the appeal.

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