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Author Topic: Newbie  (Read 587 times)

stinkyjo326

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Newbie
« on: August 03, 2017, 06:59:30 PM »
I am a new member and have already found this site very helpful.  I am currently on dialysis and have been do about one year.  I applied for disability before my kidneys failed completely and was denied twice,  while waiting for a hearing , had to start dialysis.  I have been waiting (and not having any income) for almost two years now.  In addition to renal disease I have congestive heart failure, diabetes and high blood pressure.  Like many of you, my situation has become quite dire while waiting.  I think they want us to give up or die.  Well,  I will do neither anytime soon!   Keep up the fight!

Kicksnomore

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Re: Newbie
« Reply #1 on: August 03, 2017, 07:09:08 PM »
 :Welcome07:  Sorry about your kidney problems.  This is a great site and you will find people that understand and support you in this process.  Good luck.

Lit Love

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Re: Newbie
« Reply #2 on: August 03, 2017, 08:03:05 PM »
I am a new member and have already found this site very helpful.  I am currently on dialysis and have been do about one year.  I applied for disability before my kidneys failed completely and was denied twice,  while waiting for a hearing , had to start dialysis.  I have been waiting (and not having any income) for almost two years now.  In addition to renal disease I have congestive heart failure, diabetes and high blood pressure.  Like many of you, my situation has become quite dire while waiting.  I think they want us to give up or die.  Well,  I will do neither anytime soon!   Keep up the fight!


Do you have an attorney? 

Has an OTR request been made?
 
Is your condition considered End Stage Renal Disease?
https://www.ssa.gov/OP_Home/ssact/title18/1881.htm
https://secure.ssa.gov/poms.nsf/lnx/0481010144


Different Perspective

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Re: Newbie
« Reply #3 on: August 03, 2017, 09:43:16 PM »
Newbie, Lit Love is correct.  You need to file a request for an On The Record decision soon.   Taken at face value, it certainly appears your condition meets the requirements of Listing 6.03 AS OF THE DAY dialysis started.  All you need is verification from the dialysis center of the reason for the dialysis.   (See https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/downloads/cms2728.pdf.) The dialysis center should already have that form completed and in your record.

Now comes the hard part.  To make an OTR decision, the Office of Disability Adjudication and Review must make a fully favorable decision.  It cannot make the Established Onset Date different from what was offered as the Alleged Onset Date.  That means that unless the ODAR has enough evidence to go back through the two previous determinations and say you have been disabled several years ago, you will have to go to a Hearing at some unknown time in the future and probably still have the EOD set as of the day you went on dialysis. 

I am about to go WAY out on a limb and say some things I should not.  This is only my opinion without the benefit of reviewing your case. 

I think you should seriously consider filing the request for an OTR decision and modify your AOD to the date you started dialysis.  If you decide to go that route, you should make sure the form that states when and WHY you started dialysis and attach that form to your request for an OTR decision. 

As you continue to read this forum, you will see that I rarely, if ever, suggest an applicant try to adjudicate their case without help from a representative who understands SSA rules.  Your case may be the exception.  If you do not have representation, you may want to write your OTR request yourself.  You have nothing to lose by trying. If the ODAR has not granted an OTR record 30 days before your scheduled Hearing, you will still have time to find a competent representative - especially if you show him/her the form mentioned above.


Lit Love

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Re: Newbie
« Reply #4 on: August 03, 2017, 10:50:30 PM »
Poms link regarding procedure for amending your AOD:  https://secure.ssa.gov/apps10/poms.NSF/lnx/0425501230

If the immediate Medicare coverage would help, that's also a factor to consider.

If you don't have a Rep, the OTR request shouldn't be overly complicated and we can help and or you can request help from your local Congressperson or Senator's office.

Helper

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Re: Newbie
« Reply #5 on: August 03, 2017, 10:59:40 PM »
Poms link regarding procedure for amending your AOD:  https://secure.ssa.gov/apps10/poms.NSF/lnx/0425501230

If the immediate Medicare coverage would help, that's also a factor to consider.

If you don't have a Rep, the OTR request shouldn't be overly complicated and we can help and or you can request help from your local Congressperson or Senator's office.

Medicare coverage & SSDI onset date is not a factor since the OP is on dialysis though - they will get Medicare on the first day of the 4th month of dialysis.  (I am sure the dialysis center will help with the paperwork since they want yo get paid.)

boodrow

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Re: Newbie
« Reply #6 on: August 03, 2017, 11:19:28 PM »
In addition to renal disease I have congestive heart failure, diabetes and high blood pressure.  Like many of you, my situation has become quite dire while waiting.

 Hey stinkyjo326, My brother received a kidney transplant in 2014 and I am a direct witness of exactly what you are going through. He received disability because total renal shutdown/ESRD is an automatic disability. You are receiving dialysis which may very well also receive priority as a total renal shutdown/ESRD. I am pretty sure that my brother did not even need a lawyer. I sure wish that you and my brother could have a talk because he would for sure be a big help too you.

 All I can say at this time is that if you do remain on dialysis then you should strongly consider "Home Dialysis". There are many reasons why this should be your avenue of care my friend. Most importantly is the more often you receive dialysis the closer to normal renal function you get. Clinical dialysis is normally 3 times a week and you have to travel to the clinic.. wait in the lobby... finally get pushed into your dialysis chair like a herd of cattle. While home dialysis can be done 5 or 6 times a week!!! YAAAA!!! You are at home... you can do it relaxed in your favorite chair in front of your TV!!!

 Bottom line is that in the long run your body will hold up for a longer period of time the more often you filter out those toxins. Trust me and Just do it...  :Main14:

Edit: message me if you want me to connect you to my brother.
« Last Edit: August 04, 2017, 03:41:43 AM by boodrow »
"I find it very easy to say I Love You. It is all I have." Boodrow

grove800

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Re: Newbie
« Reply #7 on: August 03, 2017, 11:33:10 PM »
 :Welcome08: :Welcome02:  You will find much information and a willingness to help you as much as they can with the process.   Wishing you a speedy favorable decision. 
😊

Lit Love

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Re: Newbie
« Reply #8 on: August 03, 2017, 11:51:08 PM »
Poms link regarding procedure for amending your AOD:  https://secure.ssa.gov/apps10/poms.NSF/lnx/0425501230

If the immediate Medicare coverage would help, that's also a factor to consider.

If you don't have a Rep, the OTR request shouldn't be overly complicated and we can help and or you can request help from your local Congressperson or Senator's office.

Medicare coverage & SSDI onset date is not a factor since the OP is on dialysis though - they will get Medicare on the first day of the 4th month of dialysis.  (I am sure the dialysis center will help with the paperwork since they want yo get paid.)

I was trying to say the extra benefits covered in Sec. 1881 (which he'd be entitled to upon approval since he's been receiving dialysis for a year) might be well worth giving up some backpay.  Sorry if my post wasn't clear.

Boodrow brought up a good point about accessing dialysis at home, which 1881 will allow.

Glyn

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Re: Newbie
« Reply #9 on: August 04, 2017, 02:55:40 AM »
 :Welcome08: :Welcome08: :Welcome08: :Welcome08: :Welcome08:

Minion64

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Re: Newbie
« Reply #10 on: August 04, 2017, 08:24:03 PM »
Welcome to this forum. There are so many good people that will give you advice and help with the process. I do wish you get a favorable decision soon.
Disability doesn't define me it just makes me stronger and more compassionate about the life we all live.

June

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Re: Newbie
« Reply #11 on: August 07, 2017, 10:15:37 AM »
In addition to renal disease I have congestive heart failure, diabetes and high blood pressure.  Like many of you, my situation has become quite dire while waiting.  I think they want us to give up or die.  Well,  I will do neither anytime soon!   Keep up the fight!

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