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RobertJDFL
RobertJDFL, Attorney
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I went on long term disability, in CA.....from both drinking,

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I went on long term disability, in CA.....from both drinking, and my HMO letting Sepsis and very bad pneumonia, curtsy of Taiwan (GF brought it back). go for about 9 months, it took out alot of organ function. I believe i qualify for SSDI. I live in Colorado now, i'd like to do this with a lawyer, i hear you're chances are MUCH better and faster. Do i need to do this in CA or CO?

Any thoughts? ANd would i be a shoe in? I've spent prob a total of 4-5 months in the hospital, etc......
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

You would file where you are living now - Colorado. Whether this would be a good claim or not is impossible to tell you in such a format without a consultation and careful review of medical records. I couldn't tell you for example, if you meet what Social Security calls a "listing" argument, or whether based on age you may meet a "Grid" rule, and I don't know the extent of what your records show.

What I can tell you is that (in my estimate) at least 90% of the people that initially file are still turned down, then turned down again on reconsideration, and only after they ask for an appeal and a hearing in front of a judge, which is a "de novo" hearing, or essentially a "new look" at the case, do some of those people have their cases granted - nationally, it averages out to about 50% of the cases heard in front of a judge being granted. Getting a hearing, from the time of your initial application can be a lengthy process. A year+ wait is not uncommon, and then it can take 2 months after the hearing to get a decision.

The factors that are considered are:

-Since your alleged onset date of disability, have you engaged in substantial gainful employment (meaning have you earned approximately $1,000 a month since that time)

-Do you have an illness or impairment expected to last at least 12 months or longer

-Can you do your past relevant work

-If you cannot do your past relevant work, are there any other jobs in the national or regional economy that you could possibly do with your impairments.

If it is impossible given your illness to do any type of work, and that condition or conditions will last at least 12 months, social security will find a person disabled.
Customer: replied 1 year ago.

Well, i'm expected to die young.....so, yeah....

Expert:  RobertJDFL replied 1 year ago.
I'm sorry to hear that. Again, it would be unethical and unprofessional for anyone to give you any type of opinion without first getting all of your medical records, and looking over them. If you have a terminal illness, it may be that you fall into the category of the small percentage of people who are approved upon filing a claim - though I have represented people with terminal illnesses and conditions who were intially denied and had to request a hearing and wait to see a judge before benefits were granted - so even having a terminal illness isn't necessarily a guarantee of benefits.

All I can tell you is the process that social security considers - if you have no substantial earnings from your alleged onset date, you have a condition expected to last at least 12 months or longer, and you cannot do your past job(s) or any other type of work (as determined by social security), then you should be found disabled.
RobertJDFL, Attorney
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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