difficult child 's disability is denied.

Discussion in 'Parent Emeritus' started by DDD, Jun 23, 2011.

  1. DDD

    DDD Well-Known Member

    Well the letter arrived yesteray. I had been very very cautionsly optimistic as the standard for adults is set so high for mental health issues. The report correctly lists all of his diagnosis's, notes his behavioral abnormalities, accurately reports the meeting he and I had with the Hearing Officer. Bottom line is "he is capable of reptitive tasks with supervision".

    We live in a small community as you all know. They list jobs he would be capable of doing which includes "potato chip sorter". Hmmm...we don't have manufacturing here. Sigh! Meanwhile I'll keep trying for the remainder of this year as that was my committment to him. Those of you who are familiar with GFGmom may find it interesting that she signed him up for two college classes which began this week.
    Pell Grant, anyone?? Geez. She's also located a $200 truck that she wanted him to buy (expecting the disability money I guess). He has a license but he even told the Hearing Officer "I really shouldn't drive as most of the time I have a hard time staying in my lane because my mind wanders." Good Grief! DDD
  2. HereWeGoAgain

    HereWeGoAgain Grandpa

    "Potato chip sorter"?!?! Mind-boggling. What do they think, there's a potato-chip plant on every corner?
  3. KTMom91

    KTMom91 Well-Known Member

    Potato chip sorter...OK...I thought machines did that. Is there ANYTHING on that list that is a viable option for him?
  4. Hound dog

    Hound dog Nana's are Beautiful

    Can he appeal? Isn't there a certain number of appeals you can do?

    Travis got out of the repetitive task with supervision due to the seizures. His epilepsy makes him a danger in a factory setting instead of an asset. Companies won't hire him.

    Perhaps if he had a recent evaluation from a neuropsychologist? I find it hard to believe that they can't grant it to him when they gave it to my friend's husband just because of his seizures, not saying someone with hard to control epilepsy wouldn't need it, but the man only had uncontrolled due to the fact he doesn't take his medications half the time. He got his neuro to write a report stating why it was dangerous for him to work ect. Phht got it first try.

    If difficult child's mind wanders to that extent, even if you had factories near.........he wouldn't be able to keep the job and would wind up injured due to not paying attention.

    Have they ever checked him for absence seizures? (not uncommon after a Traumatic Brain Injury (TBI) by the way)

    I also think it depends on where you live and the people you're dealing with as opposed to how things are interpreted. Here, it doesn't seem so hard to get it. A good sound doctor report stating why you can't do such and such is usually all it takes. easy child wants me to try due to the Traumatic Brain Injury (TBI). I'm not so anxious to do so. Refused to consider it at all until we went over my employment options. Cuz I thought, well heck I could always go back to cashier work.....but that probably wouldn't be a good idea considering the issues I have with math and money. But I keep thinking I could make so much more if I work, of course it would help if the job market in the area hadn't just tanked again. sigh

    I still think Travis' is due to the combination of dxes. If one doesn't bit him in the rear another one will and so on. It doesn't leave him many options.....and that is sort of easier for them to see.

    If he hasn't gone through the gambit of appeals, I'd find him lawyers skilled in disability who only get paid if he eventually wins and go that route. I also have a feeling difficult child Mom's meddling had something to do with this. ugh

  5. donna723

    donna723 Well-Known Member

    Potato chip sorter? OMG! Do they really have people who do that manually? And that's assuming that there's a potato chip factory right down the road! Can you appeal this? I don't know a lot about disability but is this one of those things where they turn down almost everyone the first time around and you just have to keep appealing and appealing?
  6. DDD

    DDD Well-Known Member

    The three options listed (potato chip sorter just struck my funny bone) are jobs that may be available in an industrial city. We are basically a citrus county and the picking is done by very coordinated nimble crews with special visas.

    The Hearing Officer was intelligent, polite and very upfront that the criteria was capability to do repetitive tasks. He had five medical documents that were dated 2011 (they don't use any evaluations done prior to reaching adulthood, by the way) including a neuro/psychiatric. The decision is made by a group and I believe she gave her best shot for difficult child. Yes, I know, I don't often say positive things about "the system", lol. She was impressed that I had connected with Volunteers of America and that they would provide job coaching on site at the apartment that is available for him. That was the key to getting a positive result but it didn't work. I don't think there is any value in going up to the level above the District.

    He wants to work. He is an attractive young man who uses good manners. He sounds "normal" in a brief conversation. He does have a standard high school diploma. In a healthier economy and in a larger city I don't doubt he could get and probably maintain a repetitive task job...in the right environment. Employers don't have to take on the burden of close supervision or even be bothered by job coaches that provide support free of charge. Almost 12% of our County is unemployed by official record. So...I have a lead on a two week training program that I'll pusue. He will keep sliding backward so long as his lives with GFGmom. Sign!

    by the way, that criteria is also used for Traumatic Brain Injury (TBI)'s also. That is why easy child/difficult child was turned down and believe me has Traumatic Brain Injury (TBI) issues that interfere with daily living. Double Sigh! DDD
  7. DammitJanet

    DammitJanet Well-Known Member Staff Member

    The questions they ask about jobs you might possibly be able to hold have nothing to do with where you live. It assumes you are able to move to get a job, any job. They suggested that I could work part time as a toll booth operator. Hmmm. Well, I thought about that one for a bit and told the vocational lady that was there that it might be possible for me to work a few hours in a toll booth somewhere but I didnt know where any were near me but that I would need to have a stool to sit on and I never knew if my best hours would be in the morning, afternoons or evenings. My medications did leave me with insomnia so sometimes I had problems sleeping so I sometimes slept very late the next day.

    It was an interesting back and forth. At the end, I dont think she thought I needed to move to be a toll booth attendant.
  8. HereWeGoAgain

    HereWeGoAgain Grandpa

    What about bagging groceries or washing dishes? Those are repetitive type tasks that are less "industrial". I have worked in both and had co-workers in similar situations as your difficult child, and they did great.

    From what I've heard, almost all disability claims except the absolutely open-and-shut cases are denied at first, but appeals have much higher approval rates.
  9. witzend

    witzend Well-Known Member

    Get a lawyer to help him. They will take 1/3 of his first check only if he gets the disability. You pretty much can't get it without one.
  10. susiestar

    susiestar Roll With It

    Do NOT NOT NOT write this off before you consult an attorney. In MOST areas the training for these jobs is to deny on the first attempt regardless of the problems/injuries/supporting documents. I have known professors who worked iwth people doing those jobs and one who has done corporate training for the dept of soc security. It is NOT written down but they ARE told to do this because many people will NOT appeal.

    Go and get an attorney before writing this off. Not sure if there are Bob Evans restaurants near you, but they do a LOT of hiring of the handicapped and workign with job coaches. Or they did a few years ago. MANY restaurants have staff who bus tables, wash dishes and clean who need coaches and close supervision, and they are quite supportive. I would NOT say this if I hadn't seen it. In most situations, barring a truly bad manager, an employee who works in those jobs (bussing tables, dishwasher) is treated better by the company than a manager. Extra days off can be accommodated if they have doctor appts or a chronic problem, they are quite patient in most of the locations, and to be honest, after 3 yrs of clearing tables and mopping and scrubbing bathrooms a bus boy can earn more than a manager. NOT kidding - personal experience.
  11. Star*

    Star* call 911........call 911

    I'm just floored......Maybe it's that you have to try to get him TO work and show where will have a LONG history of FAILING at work before they will reconsider his case and deem him UNFIT to work and grant him disability, with the history clearly stated by his bosses as to why he was unable to perform his job(s).

    I'm sorry D3 - and as far as 'Wanda the wanderer" I'd like to buy her that vehicle and let her take it to a place she would just drive off the road - like Alligator alley. :groan:
  12. DDD

    DDD Well-Known Member

    easy child/difficult child hired qualified attorneys and appealed his decision. Basically the result was that he was capable of doing repetitive tasks and therefore was denied. difficult child's job coach did do an application for a new SavALot opening in our community. They ended up hiring a few new people and he was never called for an interview....and the application was very brief and didn't include any indication of disablity or limited work experience. That is the economy where we live. He honestly could do that type of work and I could not testify to the contrary.

    If he had an accumulated work history showing his inability to function then it would be a different thing. Likely there will be a follow up letter coming outlining the procedure to appeal. I'm sure GFGmom will try to appeal it but as of now I don't see me doing so. DDD
  13. DammitJanet

    DammitJanet Well-Known Member Staff Member

    At this point since he had the appeal at the level with hearing officer it would have to go before a judge. You may win at that level...probably would actually because most people dont take it that far, they give up. The only thing else you can do is not appeal and start over when he fails miserably at any attempts in the working world. this might not be so bad if he actually does manage to work even a small amount of time. Say minimum wage for several quarters for a couple of years but keeps getting fired for things. That will show how he is but he will get some money on his books.
  14. DDD

    DDD Well-Known Member

    That's what I'm thinking, Janet. He likely would not get any retroactive payment but he would have help with living expenses. I know this sounds strange but part of me is relieved. Yeah, that's what I typed, lol. I just know in the depth of my heart that GFGmom would manage to get her hands on his bulk back funds. He is immature for his age. His Mom is...well, his Mom. Since he left our house three years ago her influence has increased and part of him parrots her philosophy that "Mama is a control freak and you are an adult." Yeah, right. Well in truth I am a bit of a control freak because I consistently want the moral rules followed and believe in structured living. He does not have the independent capability (or executive functioning ability) to keep a schedule, plan in advance, or handle his own money. GFGmom always has bill collectors after her, often loses her cable service etc. because at 50 she lives from impulsive moment to the next. Example??? Last week difficult child showed me his new cell phone. "Wow, where'd you get the new phone?" "Mom came into some extra money and got a new one for her and for me." easy child/difficult child was present and said "Where did Mom get the extra money?" Response "Oh, our little sister's disability check came in." DDD

    PS: Using the part of the values we did instill in him, lol, he added "I don't think that's right but I like the new phone." That's why I still have some hope for him.
  15. SomewhereOutThere

    SomewhereOutThere Well-Known Member

    I was told it takes THREE tries minimum to get disability. The first time is always a rejection. Keep trying.
  16. 1905

    1905 Well-Known Member

    I agree with the others, get an attorney, they'll know the best way to present the information. Including, HOW many people actually work as a POTATO CHIP SORTER. That's an insult.