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Old 08-05-2012, 12:38 PM
 
5,089 posts, read 15,403,299 times
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Quote:
Originally Posted by germaine2626 View Post
Thank you. I have found A LOT of great information online and I highly recommend that people check out this website first.
I posted here hoping to find some "un-written rules" or tips that may help me.

I did learn something very valuable that I didn't know. It was that there are different types of disability policies. I believe that this policy was puchased around 1980 or 1981. I think that the original policy could be found. and I'm going to check that out.
I am happy you find this of help. This is the blue book that professional and attorneys use for disability issues with social security. I did not bring it up before when you asked for keywords because I forgot about it. Be careful that you do not over think and get too technical in your application or it be viewed with some suspicion. The best way to apply is to be truthful and explain your problems, simply and clearly as a layman. Let the medical support documents use those technical terms.

I am disabled under Social Security and I understand many of the issues. I had to file an appeal to get disability. Most people do not know that every time you make contact with anybody by phone or in person at social security in the process of filing for disability that they have a way of rating you as per what they see, how you talk and how you relate. It is especially useful in cognitive and psychological impairments but can provide comments when physical mobility issues are concerned. I have seen these official comments in my files before an appeal hearing.

Be careful, and do not try to use this as a deception. These people are smart, they have seen many applicants. Always be truthful and be polite.

One issue you should also know that Disability Attorneys make their living by successfully appealing a case and they see the same Administrative Law Judges many times in many appeals. It is very important to them to maintain a good relationship with the Judges. These attorneys will not jeopardize their careers and future cases by fostering lies and deceptions and if they see a problem with the case, they will refuse it. In addition, as the case moves forward and they see a deception, they will let the officials know before the hearing, not officially and not on the record and perhaps no so legal but there is always communications that happen behind close doors. It can also be very subtle, even in the hearing with a nod or a blink. So, always be honest.

Always be truthful. Always be honest. Always be polite. I was truthful, honest and polite and I was given disability.

Livecontent

Last edited by livecontent; 08-05-2012 at 12:48 PM..
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Old 08-05-2012, 03:37 PM
 
Location: Wisconsin
19,480 posts, read 25,153,902 times
Reputation: 51118
Quote:
Originally Posted by Robyn55 View Post
Single premium disability policies are kind of rare - and are usually "credit disability" policies. In most cases - the insured would be paying premiums while the policy is in effect. So - if you can't find the policy - but can find a payment - you can probably get a specimen of the policy from the insurance company. Robyn
Yes, premiums have been made quarterly but I wasn't sure if the original policy was still around.

It was found. It appears to be "own occupation" and not "any occupation." One disappointment is that if total disability is caused by an injury it pays for your lifetime. If the total disability is caused by sickness then it pays to age 65. His was due to sickness.

Another disappointment is while he was employed doing something, he has been unable to do his "own profession" for over 10 years. Although, even if we find appropriate documentation it is extremely unlikely that anything can be done about those years. The insurance company was already unhappy because he is claiming totally disability from December 2010 when he was unable to handle the demands of the more menial job. He has a type of progressive memory loss and brain damage which has increased in severity over the years.

Last edited by germaine2626; 08-05-2012 at 04:15 PM..
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Old 08-05-2012, 03:56 PM
 
Location: Wisconsin
19,480 posts, read 25,153,902 times
Reputation: 51118
Quote:
Originally Posted by livecontent View Post
I am happy you find this of help. This is the blue book that professional and attorneys use for disability issues with social security. I did not bring it up before when you asked for keywords because I forgot about it. Be careful that you do not over think and get too technical in your application or it be viewed with some suspicion. The best way to apply is to be truthful and explain your problems, simply and clearly as a layman. Let the medical support documents use those technical terms.

I am disabled under Social Security and I understand many of the issues. I had to file an appeal to get disability. Most people do not know that every time you make contact with anybody by phone or in person at social security in the process of filing for disability that they have a way of rating you as per what they see, how you talk and how you relate. It is especially useful in cognitive and psychological impairments but can provide comments when physical mobility issues are concerned. I have seen these official comments in my files before an appeal hearing.

Be careful, and do not try to use this as a deception. These people are smart, they have seen many applicants. Always be truthful and be polite.

One issue you should also know that Disability Attorneys make their living by successfully appealing a case and they see the same Administrative Law Judges many times in many appeals. It is very important to them to maintain a good relationship with the Judges. These attorneys will not jeopardize their careers and future cases by fostering lies and deceptions and if they see a problem with the case, they will refuse it. In addition, as the case moves forward and they see a deception, they will let the officials know before the hearing, not officially and not on the record and perhaps no so legal but there is always communications that happen behind close doors. It can also be very subtle, even in the hearing with a nod or a blink. So, always be honest.

Always be truthful. Always be honest. Always be polite. I was truthful, honest and polite and I was given disability.

Livecontent
Excellent tips.

Deception will not be a problem in this case, unless the person in question gets confused because of his memory loss and says something that is not correct (which has happened at doctor's appointments, so he can't go in by himself). I have been handling all of the paperwork and phone calls as he is unable to do it.
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Old 08-05-2012, 04:18 PM
 
Location: Ponte Vedra Beach FL
14,617 posts, read 21,490,785 times
Reputation: 6794
Quote:
Originally Posted by germaine2626 View Post
Yes, premiums have been made quarterly but I wasn't sure if the original policy was still around.

It was found. It appears to be "own occupation" and not "any occupation." One disappointment is that if total disability is caused by an injury it pays for your lifetime. If the total disability is caused by sickness then it pays to age 65. His was due to sickness.

Another disappointment is while he was employed doing something, he has been unable to do his "own profession" for over 10 years. Although, even if we find appropriate documentation it is extremely unlikely that anything can be done about those years. The insurance company was already unhappy because he is claiming totally disability from December 2010 when he was unable to handle the demands of the more menial job. He has a progressive memory loss and brain damage which has increased in severity over the years.
I'm a retired lawyer whose practice consisted of about 25% insurance litigation (although not in the disability area). Doesn't hurt to run it by an experienced disability lawyer where he lives (laws vary from state to state - as do chances of winning/losing). It's really not a DIY kind of project IMO. Worse that can happen is a good lawyer will tell you you are SOL (due to statute of limitations and/or other issues). Robyn

P.S. If he lives in south Florida - I can recommend a good lawyer in that specialty there.
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Old 08-06-2012, 05:18 AM
 
20,793 posts, read 61,308,820 times
Reputation: 10695
Quote:
Originally Posted by germaine2626 View Post
Yes, premiums have been made quarterly but I wasn't sure if the original policy was still around.

It was found. It appears to be "own occupation" and not "any occupation." One disappointment is that if total disability is caused by an injury it pays for your lifetime. If the total disability is caused by sickness then it pays to age 65. His was due to sickness.

Another disappointment is while he was employed doing something, he has been unable to do his "own profession" for over 10 years. Although, even if we find appropriate documentation it is extremely unlikely that anything can be done about those years. The insurance company was already unhappy because he is claiming totally disability from December 2010 when he was unable to handle the demands of the more menial job. He has a type of progressive memory loss and brain damage which has increased in severity over the years.
That is very standard for a private disability policy because at age 65 they would be eligible for Social Security. One issue you may be running into is it has to be cleared by THEIR doctor, who, may or may not have experience with a case like your son's. Ask that his case be reviewed by a "board certified" doctor in that specialty. I'm a little confused though, you said he was bi-polar and now you are saying he has a progressive memory loss something...cognitive issues are usually covered for life but not if they are due to certain conditions but Alzheimer's, etc. would be.
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Old 08-06-2012, 09:29 AM
 
Location: Wisconsin
19,480 posts, read 25,153,902 times
Reputation: 51118
Quote:
Originally Posted by golfgal View Post
That is very standard for a private disability policy because at age 65 they would be eligible for Social Security. One issue you may be running into is it has to be cleared by THEIR doctor, who, may or may not have experience with a case like your son's. Ask that his case be reviewed by a "board certified" doctor in that specialty. I'm a little confused though, you said he was bi-polar and now you are saying he has a progressive memory loss something...cognitive issues are usually covered for life but not if they are due to certain conditions but Alzheimer's, etc. would be.
I can see why you are confused. Another poster had a son with bi-polar disorder.

My relative has progressive memory loss/ brain damage. In his case the damage is not straight across all skills (like a person who has mental retardation). So at times he appears to be normal (he can still beat 95% of the population with his skills at playing Jeopardy) but his memory loss shows up in small and large ways (such as in learning new skills, multitasking, response time, and short term memory) and in several areas he functions like a person with severe mental retardation. I'm sure that their doctor would find the same results.

It is very difficult dealing with someone with memory loss as they don't realize that they have memory loss. This is probably why he didn't remember/realize for over 10 years that he had a disability insurance policy that would cover his problems because he was not able to handle his "own profession".

My relative and I discussed it last night. I believe that we will apply for coverage immediately for the period since he was unable to do his non-professional job while clearily stating that we will apply for coverage for his own profession at a later date after we gather more information. We are going to discuss that with his doctor later this week.
At that point we will consult with a disability attorney to help us with the additional coverage.
I have no idea when he had his first medical documentation, brain scan showing damage, etc. and he certainly doesn't remember. We have records from several doctors that already show damage in 2006.

I appreciate the comments and help that people have given me on C-D. If you think of anything else please let me know. Thank you.
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Old 10-15-2012, 06:06 PM
 
Location: Wisconsin
19,480 posts, read 25,153,902 times
Reputation: 51118
Update:
I filed all of the forms with the private disability place over six weeks ago. I went over everything very carefully and had two other people proof read & check for errors, clarity, etc. It ended up being huge! About 25 pages of completed company forms, signed release forms and doctor's letters directly to the company, 40 pages of copies of forms sent to SSD and 50 pages of copies of medical tests and results.

Today a letter was received from the private insurance company. We opened it up in excited anticipation and it said...




that the forms had been received by the company. What a letdown.
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Old 10-16-2012, 08:20 AM
 
3,763 posts, read 12,549,353 times
Reputation: 6855
Hey - at least you got that!! Imagine if they'd been lost!!

And - if they ever come back to you saying "we didn't receive this.." - you have this statement to point to saying they did.

It will probably take them sometime to go through all this, given the large file, but hopefully your relative will get some backpay that will assist him and his family. Just keep at it - it seems getting benefits is sometime more of a paper chase than anything else.
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Old 10-17-2012, 04:59 AM
 
Location: Florida
23,173 posts, read 26,197,836 times
Reputation: 27914
Not trying to be a pessimist but please make sure you have plenty of copies for any of those received papers that end up not including all of them.
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