Ok fellow DU er's latest on the SO and SSI, SO had her hearing end of sept, or start of oct

[mrcheerful]

and the judge sent SO to a specialist in our city for a second opinion by a independent doctor. Monday we heard from SO's lawyer that the independent doctor's opinion is SO can not meet the minimum work requirements for full or part time work. We are still waiting for the judge to decide SO's case. First question, what are the chances of the judge deciding against SO ? When I went through it in 1984, it meant that I had won my case when the independent doctor stated I should have received child hood benefits, but this being the times of fruit loop policies I am unsure what it means to the SO's case.

SO is also facing having to attend the Work First program some time in December or the JET program in order to continue receiving her FIA grant. The JET program is run by the Michigan Rehabilitation Services, ( Job/Education Training ), which has me really baffled as I was under the impression that until the judge made his decision SO would be exempt from any type of program run by the state. I told the SO that when she reports to either program, to take the letter from her lawyer with her and see if she can get a delay until the judge decides her case. It seems that the state republican majority passed a bill earlier this year that made it harder for people waiting for SSI or SSDI to get out of the Work programs.

[happyslug]

1. Now the medical doctor can NOT report if someone can work or not.

All the medical Doctor can report is the physical and Mental restrictions of a Claimant. Those Restrictions are then taken by a Vocational Expert who testifies what jobs can such a person do. The reason for this is SS has determined a Medical Doctor does NOT have the expertise to determine if someone can work or not, do to the fact the Medical Doctor has no background on what is required by employers. Vocational Experts are people with Collage and work background in rehabilitation services and known what is expected by employers from employees, thus they take the Medical restrictions and report to the Administrative Law Judge what jobs a person can or can not do.

Having said the above, if the Medical Doctor restricts someone to having to miss two or more days a month do to medical conditions, OR incapable of working 2 hours, take a 15 minute break, work two hours, take a half hour lunch break, work two hours and take a 15 minute afternoon break and work two hours and go home OR is off tasks 5 minutes an hour over the above, almost all Vocational Experts will testify the Claimant can not do any job in the National Economy. Given that testimony the Administrative Law Judge must rule the claimant disabled (provided there is no evidence in the file that says someone is NOT disabled OR disability is do to Drinking or Drug use).

As to having to follow your local state law to continue to get Welfare, you have to follow whatever the law requires. In my State if you are still be considered for SSI, no welfare to work project is EVER required, but that is a state by state decision, check with your local Welfare Office for details (And check with your local Legal Aid office for details, if your attorney is NOT a legal aid Attorney, if he is ask him or her).

Please also note your SSI affects the claimant's SSI. Under SSI law, when two people, who are NOT blood Relatives of each other, live together, the couple will only get a SSI amount equal to 1 1/2 SSI payments. In simple terms, you should be getting $623 a month on SSI. Half of 623 is 311.50. Thus as a couple you will be getting $934.50 (Plus anything your state pays as a Supplement to SSI, My home State of Pennsylvania adds $27.40, $40.10 for a couple). This can be done in one of two ways, you continue to get your $623 per month and the claimant will get $311.50. Another way the Feds pay is to give each of you 467.25 per month). Please note any Social Security disability either of you may be entitled to will reduce these SSI amounts (and any State Supplement will increase the amount).

[silverojo]

2. What "welfare"?

Those of us who are disabled can't get welfare unless we have "dependent children" (i.e., we must reproduce irresponsibly in order to get aid). We can only get GA (general assistance) for 18 months, 2 years, or less, depending on the state. My GA was a whopping $173 a month.

Don't spend it all in one place. :mad:

I asked the social workers to confirm my suspicions of who was responsible for this. All of them sadly replied, "President Clinton".

And now his wife wants to become President??

The Clintons have screwed over the disabled and poor long enough, thank you. :grr:

[mrcheerful]

3. SO has a son. Blaming Clinton is getting really really really old

and you leave out that states with a puke majority have stricter welfare rules then dem majority states. Clinton signed welfare reform under heavy puke pressure, remember the pukes have been on the backs of poor and disabiled for at least 20 years now with Raygun and his welfare queens, code words for single black parents.

[happyslug]

4. The federal Government pays for welfare for Children.

From the Great Depression to "Welfare Reform" of the mid-1990s it was known as "Aid for Dependent Families" or "AFDC" for short, it is now known as "Transitional Aid for Needy Families" or "TANF" for short. This is a 50-50 Federal-State program, the Federal Government will match whatever your state pays in welfare on a dollar for Dollar basis. States hate this program for State taxes have to be used in addition to any federal tax money used. It is fairly popular do to the co-payment from the Federal Government.

In many states (and apparently NOT Michigan) in addition to AFDC/TANF the states have programs to help people without children. Starting in the early 1990s, states (Starting with Michigan if I remember right) started to cut out such programs. The Fact Michigan phased out such General Assistance first among Northern states (I have question if many states from the South ever had a program like General Assistance in addition to AFDC/TANF) was used in my state to phase out General Assistance (It is now restricted in Pennsylvania to someone applying for SSI/SSD with a report from their doctor that the recipient can not work OR to two months in a two year period). Apparently Michigan does NOT have a similar program,

As to the change, While Clinton was President and he did NOT veto the change, when the GOP gained control of the House and Senate in 1994 election, they pushed big time a change in AFDC to some sort of welfare to work program. In the subsequent fight AFDC name was changed to TANF and every state was told to adopt programs to get people into welfare to work programs. The Democrats in the house fought this, and reduced it to the bare minimum (The fact that it cost more to train people then to pay them Welfare was a huge factor in this fight along with the fact that the GOP chairman of the House Welfare Committee OPPOSED the plan). Thus the program was changed, but do to the fight improved the situation for most people on AFDC/TANF.

As to people NOT eligible for AFDC/TANF (such as people with no children), The federal Government NEVER paid for such programs. Such programs was state funded only (Through their is a Federal Rule says the program must pay the same as AFDC/TANF).

I expect this to change to a degree. Because of the fact that the GOP committee Chair opposed the Change, the GOP NEVER passed welfare reform as a permanent change in the Law. What the GOP did was change it as part of the Budget, but Budget laws end after each year and must be re-passed. From 1995 till today this is how the Welfare reform was done. The first budget the Democrats could change is the one coming up. While elected in 2006, the Budget of 2007 was made to quick for the Democrats to change the underlying law (Especially given the opposition of President Bush to any such change). This year's budget is the first with Democrats in complete control of Congress since 1994, and Bush's opposition to such change is the primary reason why no change to TANF has passed.

[mrcheerful]

5. Well the So won the case and will get her disability started in the next 60 days

so it turned out well. The judge stated that according to the independent doctors findings and the work guidelines set up by Vocational Rehab Services, SO is unable to meet the minimum work requirements. We been fighting for this since June 1 2005 and its a relief that its over.

[Traveling_Home]

6. much congrats - you gotta be stubborn to be disabled n/t