How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

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)
Type Your Legal Question Here...
Nancy Delain is online now
A new question is answered every 9 seconds

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: 4 years ago.
Category: Legal
Expert:  Nancy Delain replied 4 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 4 years ago.
North Carolina.
Customer: replied 4 years ago.
North Carolina
Expert:  Nancy Delain replied 4 years ago.
Thanks.

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 4 years ago.
My child is only 7 years old.
Expert:  Nancy Delain replied 4 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.

If I have answered your question, please click on ACCEPT so I can receive credit for my answer. If you have constructive comments about my response to you, please click on the Feedback link above and leave feedback for me; if you are satisfied with my response, please leave positive feedback even if you don't leave a comment. Remember that you are leaving feedback for the quality of my help to you, not for Just Answer's policies or billings (I have no control over JA, especially not over their billing of customers; I just control what I have written). If questions linger, please hit REPLY to let me know how I can help you further.

You can contact me directly through my profile at http://www.justanswer.com/profile.aspx?PF=12446316&FID=0 or simply put "For nancyd560623" in the title/heading of your posted question.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.