Re: I've got some advice -- Talking Circle Alternative

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Date Posted: Fri, 12/27/02 11:21am
Author: KiowaScout
Subject: Re: I've got some advice
In reply to: CaseynGeneva 's message, "In the Spirit of Christmas - My A$$" on Wed, 12/25/02 11:47am

Dear Chata,

You probably already know all this stuff. I don't mean to intrude. Hopefully, some of this info is useful.

I was born with a permanent disability. I was on SSI from age 14 to age 32. I also narrated an informational video put out by the SSA about Disability benefits that was geared specifically to an Indian audience.

One of my best friends was an Administrative Law Judge for the SSA until just this summer. Her job was to judge disability appeal cases. Steve probably knows her. She's an Oklahoma Cherokee named Sally Willett.

She was also in the video. Sally gave out some professional advice. She said that an applicant must go through each of the five steps in the appeals process. She said that most applicants who suffer all the way through the process until they can appear before the Administrative Law Judge will win their case.

Up until that time none of the decision makers really see you. Paperwork doesn't tell someone's whole story. When the judge finally sees the applicant, then the disability becomes visible and concrete.

Anyone can appear with you and give testimony. It is not necessary to have a lawyer. The proceedings are very informal. The applicant gets to say all that they want.

What the judge focuses on are daily activities. The judge will want to know how the disability affects daily living. This includes everything. The applicant should describe a normal day living with their disability. It is important to be descriptive and even graphic in this regard.

Applicants are also admonished to keep a detailed file of their own case. Keep copies of all correspondance back and forth, medical records, house bills, medical bills, etc. Be timely in your responses to SSA requests for information.

Most importantly, don't despair. MOST cases that are seen by a judge are approved for benefits.

The video itself is available free of charge at any tribal headquarters and at social services offices that serve Indians. But I gave you the gist of it.

Here is the web address for the NA/AN SSA page:
http://www.ssa.gov/aian/

Here is the web address for answers to questions:
http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php

Check out the disabilty requirements Q & A of that section.

If I can be of any help at all, or if you would like further info, please don't hesitate to email me.

KSOKC

>Christmas Eve was fun. I started out the day going
>for my examination with the social security disability
>doctor. I'm filing for social security because we are
>way passed broke, and I worry about the stress this is
>causing on my husband. I want to be able to help in
>some way, and there is just no way I'm able to work
>anymore (from the time I was 16, I've always worked
>and supported myself from the age of 18).
>
>So far, it has been a nightmare. Apparently a person
>has to be dead or in a coma in order to qualify for
>social security benefits for medical reasons.
>
>I can't believe how spoiled I've been in my own
>medical care - I have 3 doctors who truly care about
>me and are behind me on this claim. I guess that is a
>blessing I've overlooked -- until yesterday. I've
>never met a more bitter, angry group of people (doctor
>and nurses).
>
>My "exam" included questions like - "What is 6 plus
>4?" Is there a big job market I'm unaware of that
>calls for people who can answer that question?
>
>On to the evening of Christmas Eve. We had not
>planned anything for dinner, so my husband sent my son
>out to get some fast food. Nothing was open.
>
>My son was sitting at a red light in his vehicle on
>his way home, when someone plowed into him from
>behind. He was not injured, but when the cops came,
>the only insurance card he had was expired. He called
>us, and asked that we bring him a current card. Not
>only could we not find the card, my son had taken the
>only set of keys. My husband is sick with the flu at
>the moment, and I really did not want him to walk a
>mile in the cold -- especially if we couldn't find the
>card.
>
>Mind you, this accident wasnt my son's fault -- he
>just didn't have insurance card on him (we are
>insured, he had his license on him, and all the
>necessary registration papers).
>
>My son called a few minutes later from the police
>station. They were putting my son in a holding cell,
>and the officer told us they would release him if we
>coughed up $200 cash -- we didn't have the money. The
>officer called a few minutes later (guess he had a
>change of heart) and told us he was releasing my son
>with an "I-bond" to appear in court at a later date.
>However, he would not allow my son to drive home. He
>had been driven to the police station in the police
>car -- our vehicle is sitting in a bank parking lot.
>My son had to walk home (about a mile) in the
>cold/snow.
>
>I know that worse things happen, but I'm a little
>pissed off at this. I know for a FACT that if it had
>been me in my son's position, I would not have been
>taken to the police station in the police car and
>thrown in a cell for not having a current insurance
>card. I would have just been given the ticket and
>told not to do it again.
>
>Hmmm, I wonder why I would be treated differently??
>
>I just had to blow off some steam - thanks.
>
>Kathy

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Replies:

Re: In the Spirit of Christmas - My A$$ -- Sinatihawk, Fri, 12/27/02 2:05pm