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SS disability discrimination

Lindenhurst, NY |

I have- a cyst on one of the kidneys a cyst on the pancreas hyperthyroidism heart disease Multiple Sclerosis Maybe oral cancer- this part is not confirmed yet. Theres something on the tongue that strongly looks like it. I have 3 at least on their list on what disabilities are acceptable where a person could have none. I filed for disability 6 years ago. I was insured then. All they gave me was the run around and then they said I wasnt insured anymore. The administrative judge gave me SSI and said it will be reviewed in 2 or 3 years. I get a letter from SSA saying they are going to review it now 6 months later because another installment is due next month. Can you please tell me why I am getting the run around? Is this enough for a discrimination lawsuit?

Attorney Answers 4


  1. Best answer

    You have described nothing that comes even close to any discrimination. Your description sounds instead like the ALJ found you disabled at present but, on the basis of the evidence submitted, disability onset occurred after insured status expired. To be entitled to Social Security disability benefits, the law requires a claimant to bear the burden of proof that s/he became too impaired to perform substantial gainful activity at some time while in insured status. Many conditions worsen over time to the point that a claimant is disabled as of the time of the administrative hearing, but not before the expiration of insured status. There is nothing discriminatory about such a finding; the law requires the ALJ to be precise about the onset date.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  2. The criteria for disability for an adult is that it: 1) results in the inability to do any substantial gainful activity; AND (one of):: 2) can be expected to result in death; OR 3) has lasted or can be expected to last for a continuous period of not less than 12 months.

    It isn't enough just to have the conditions that you mentioned. You have to show that their prevent you from being able to work. If that is the case, then I would recommend hiring an attorney in your area who specialized in SS disability.

    Sending an email or posting a question does not constitute legal advice or create an attorney client privilege. The comments and opinions expressed in Kevin Monsour's comments are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.


  3. No. They can evaluate your case, within reason, whenever they see fit. They might be looking for discrepancies in previous statements or just running a routine evaluation. While it can be annoying, especially when you are sick, it is their job to make sure the public's funds are being used appropriately.


  4. My colleagues are correct. There is nothing even close to discrimination here. And, not only is SSA allowed to review claims every so ovten, they are actually REQUIRED to review every claim within certain time frames.

    Sorry I do not have a better answer.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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