Legal Question in Social Security Law in California

SSDI Actions - Am I Getting Screwed, Part One

Series of mysterious illnesses, inc. Chronic Fatigue Immune Dysfunction Syndrome, unable to work since 5/90. Applied for SSDI, 11/90 in LA. App lost. Have mine but SSDI can't find theirs. Re-applied 8/91 in CA. Told app in LA doesn't count because SSDI can't find their copy. Told I'd be denied 1st but timely appeal to be reconsidered, usually approved 2nd time. HIV diagnosed 12/20/91 & full blown AIDS, 8/8/92, pneumocystic carneii pneumonia, qualifying condition. Prognosis, t-cell count 148, no hope, 2 yrs/less. Told prepare for death, get affairs in order, find home for juvenile children. At this point of disease epidemic, NO ONE with t-cells under 150, had survived more than 18-24 mths. T-cells, then, were believed to only go down, never back up & once under 150, t-cell counts were known to rapidly fall & opportunistic diseases set in. SSDI, permanent, approved 11/92. Miracle. My t-cells went up. I got better, gradually getting stronger/healthier. Eligible for Medicare 11/94. 5/94 began college to earn paralegal certification. Graduated with honors, top of my class, 5/95. Full time job begun in 2/95. Drove 85 mls one way to work 5,6 & sometimes 7 days per week. CONT IN PT 2


Asked on 7/14/00, 9:14 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: SSDI Actions - Am I Getting Screwed, Part One

I received only Part I of your story, so I didn't get a question. I suspect from the facts, however, that the question concerns entitlement to what the Social Security Administration calls a "closed period of disability." It is not clear whether you pursued the claim after you were first turned down. The fact that the SSA lost your file, if you can prove a claim was filed, should not be used against you. The same medical information can always be assembled again. Without actually reviewing your medical records I can't form an opinion about whether you should receive a finding that you were disabled for a period of time which would entitle you to back benefits, but I think you should talk to a lawyer who practices Social Security disability law, show him or her your medical records, and get an opinion. What do you have to lose? As for your recovery and success in school, congratulations. I hope Part II, which I didn't receive, doesn't contain some major new problem.

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Answered on 9/10/00, 7:00 pm


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