finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6495
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Most judges should understand that cancer will either kill you or go away/go into remission and people can return to work. No one I know with stage 4 cancer (not going away) had to wait too long for ssdi (and with 25+ years oncology and hospice experience, that was a lot of people)
OP's wife wouldn't be claiming she can't work for awhile, she is claiming that she can't work again.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]--> If the disability is evident and in the blue book, it would be approved on first try, worst case, on appeal. Only "suspect" disabilities go to hearing.
++++++
Not true. 2/3rd of people are denied SS on their first try.
--> If it's not in the POMS, it will go to appeal.
----> Firbomyaliga is a REAL disease and it doesn't show up on tests. It is very deabilitating. My aunt has it and she can barely move most days.
----> It's just now being recognized by SSA as a disease. It's not in the POMS and she needs more proof that just the fact it leaves her in pain. She needs to show the level of pain prevents her from working, which is determined in a CE.
Her "career" seems to be a seamstress. If she truly has FM, she could not earning a living doing that job.
---> They will look at not the fact she was a seemstress, but if she could work ANY job at that level although I would imagine it would be difficult. The reason 2/3 go to hearing is because 2/3's should go to hearing when all the pieces of the puzzle are put together. It's not "she can no longer do her old job" but rather ANY job.
I agree that this case could go either way. But if she has a judge who is sympathetic to her condition and is familiar with FM, she might get alimony.
---> It's actually not a "judge judge". It's an adjudicator.
It's extremely hard to get disability with FM because there is no test to prove you have it, unlike many other diseases. But, as I said, if she gets a judge who is familiar with it and sympathetic to it, she might get alimony.
--> Until she is approved, it means squat in a domestic relations court, especially when the opposing party has already been deemed disabled. If he is, she will NOT get it, and the chanced are slim she will if she is approved. What she CAN do is make sure he applied for family benefits and collect that way. Same with her, when she applied.
Her degree isn't in IT. It's in fashion design.
-----> Someone with FM could easily do something that wouldn't cause pain with a fashion design degree. At least according to SSA.
Not sure how disabled husband will get alimony from a woman who has not worked in decades and is also has a disbility as diagnosed by her doctors.
---> Again, what her doctors say mean very little. Especially in something like FM. ALL that matters is what SSA says.
Funny how because the governement says he's disabled, he "really is!" But because the government doesn't really recognize her disability, she's "not disabled." If she truly has FM, she's in as much pain as he is, but because the gov. says she's not, then she's not? A judge might see that differently. And yes, I said *MIGHT*. [/quote]
No, he won't. You aren't disabled until SSA says so. I'm not saying she is not but...I can't remember if kids are involved or not, but he should (I think he still can if he hasn't) apply for family benefits, in which she can collect off of his. If he didn't apply that way, he is a bonehead.
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uphillbattle
recently joined
Reged: 02/15/10
Posts: 5
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Boy I seemed to have stirred up a bees nest with my question. I'm not sure what you mean about family benifits? I also applied for SSI but they said my disability income was above the limit to get that. When I filed for SSD my att. that I had said it was about the fastest one that she ever seen get approved. From what I've learned around here in Oregon is that the judgement is mainly decided on the who the judge is or what kind of day they're having,the length of the marriage,her income and my disability. She won't settle out of court for anything less than 1k per month( I offered 750),so I guess I won't know what's going to happen until we go to court. Someone told me a few months ago in Oregon the formula is as follows ( MAN+$=screwed). The only way that I was able to do 90% of the chores is that at that time I was on the max dose of Oxycontin and I payed dearly for all the problems that sh!t caused me, hell damn near killed me.Thanks for all your replies. Oh and PERS benefits are only generous to the top 10 percent of public employees even with all the college professors and high ranking positions factored in the average PERS retirement is around 1k per month according to PERS.
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]Boy I seemed to have stirred up a bees nest with my question. I'm not sure what you mean about family benifits? I also applied for SSI but they said my disability income was above the limit to get that. When I filed for SSD my att. that I had said it was about the fastest one that she ever seen get approved. From what I've learned around here in Oregon is that the judgement is mainly decided on the who the judge is or what kind of day they're having,the length of the marriage,her income and my disability. She won't settle out of court for anything less than 1k per month( I offered 750),so I guess I won't know what's going to happen until we go to court. Someone told me a few months ago in Oregon the formula is as follows ( MAN+$=screwed). The only way that I was able to do 90% of the chores is that at that time I was on the max dose of Oxycontin and I payed dearly for all the problems that sh!t caused me, hell damn near killed me.Thanks for all your replies. Oh and PERS benefits are only generous to the top 10 percent of public employees even with all the college professors and high ranking positions factored in the average PERS retirement is around 1k per month according to PERS. [/quote]
SSI dosen't have family benefits. If you are married (or divorced within 10 years) or have kids, you apply for family benefits, which is the number their computer kicks out for you and then another 50% for the family. Case law dictates the family benefit is a substitute for CS (and SS if the ex isn't working, hasn't remarried and was married to the recipient within 10 years)
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MBW
recently joined
Reged: 03/07/10
Posts: 5
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I am yet another disabled veteran. i am rated at 70%, i receive 1400 a month. for 14 years. i used to be able to work, but it is becoming more difficult....
I have a similar situation... the wife that does nothing, has been trying for ssdi for 13 years and was just recently denied again..(4th appeal).. though her doctor gives her a parking placard... she has kept up this facade for many years that she cannot work, and dangles the carrot of a ssdi check to add to our income... (my income)
meanwhile, she spends as she wishes, regardless of my wishes... when she wants her way, she also threatens divorce and that she will take my whole check, plus more, because she says they will inpute income, because i can still work....
my doctor told me last year that i qualify for 100% rating. does not want me to work. He also told me that she is un healthy for me to be around,, toxic. still awaiting veterans board decision.
she has borderline personality disorder,,, very nasty, very cunning. she castrated me years ago..... i want out. help
i have raised "her" children, no adoption...... at least financially,, she is the boss of everything.
i don't know what to do
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MBW
recently joined
Reged: 03/07/10
Posts: 5
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oh yeah,, and to the person who thinks everyone wants to get paid for nothing or thinks they are disabled........
it's the women who do this,, victimize themselves to everyone around them. they are sick.
and there are not any jobs out either....
she keeps telling me i am lazy, and i don't want to work and ignores the facts.....she is in the land of OZ...
if i could be healthy, i would. go f___ yourself not appreciated.
sorry everyone else... that burns me
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
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[quote]oh yeah,, and to the person who thinks everyone wants to get paid for nothing or thinks they are disabled........
it's the women who do this,, victimize themselves to everyone around them. they are sick. [/quote]
It's not just women, it's men as well. Lying to get disability or out of paying child support/spousal support or to get spousal support isn't limited to a specific gender.
In response to your other post, your stbx is going to have a hard time getting a full-time wage imputed to you since you have been classified as partially disabled. But she will get some income imputed to you. Whether or not that leads to spousal suport is going to depend on how much SSDI you are receiving, how much income the courts impute to you, how much they impute to her (since she does not have a proven disability she will be imputed to full-time) and any assets that the two of you have.
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