Dear Larry,
I am a 63 year old widow and started collecting widows benefits in November 2013. I stopped working due to my Rheumatoid Arthritis and the inability to continue working. I have worked in the earthmoving, mining and heavy equipment business for over 35 years. I am no longer able to safely climb the ladders to access the equipment, crawl under and access tight confined spaces to inspect the equipment safely.
My SSDI application was denied, stating I was able to work. I certainly plan to appeal the decision, however no attorney will take my case as there is no recoverable attorney fees to be paid. The only advantage to me is that I would have the benefit of Medicaid for my health care. My prescriptions without insurance exceeds $6000 per month.
Any suggestions on the appeal process? I have asked my RA doctor to provide a letter indicating my work restrictions. SS has determined that I am currently receiving the maximum "widow's reduced benefit" that will not change.
Thank you in advance for your advice and comment.
Debbie

Hi Debbie,

I certainly sympathize with your problem. The cost of medical care, especially for many prescription drugs, seems to be careening out of control. I think some drug companies offer assistance on an as needed basis, so you might want to confer with your doctor's office to see if there is any help available.

Unfortunately, it is difficult to qualify for Social Security disability benefits. You must be determined to be unable to do all types of gainful work, not just the types of work that you've done in the past.

As far as filing your appeal, just be sure to meet the 60 day filing deadline(s), and present all possible evidence that you can to help prove your case. The approval rate at the first level of appeal (i.e. Reconsideration) is only around 15%, but approval rates at the next step of appeal (i.e. Hearing) are generally much higher. The approval percentage varies widely depending on the area in which you live, and even between administrative law judges (ALJ) in the same area. The ALJ assigned to your case at the Hearing level is luck of the draw, so there's no way to control that.

If you meet the requirements, most areas of the country have legal aid services that will represent people pro bono, and some law colleges also offer free representation services. You might want to check out those possibilities by searching the internet, or your local phone book.

By the way, since you are already receiving widow's benefits, if you are approved for disability you will only be eligible for the higher of the 2 benefits. Also, you won't be eligible for Medicare until 2 years after the date of your entitlement to disability benefits. Medicaid is a needs based program, so if you meet the financial need requirements for that program, maybe you can also qualify for legal aid assistance with your appeal.

Best, Jerry