Help me figure out whether my mom qualifies for disability, and how to get it if she does.

May 13, 2011 5:23 PM

Help me figure out whether my mom qualifies for disability, and how to get it if she does.

Mom came to the country 10 years ago and is a permanent resident. She has been working the same job (packer in a very low temperature environment) since she arrived, and has for a while been suffering serious pain in her joints and wrists. She has been to the doctor a couple of times and has only received prescriptions for pain medication and she was told it will develop into arthritis. She is 52.
I don't think she can go on working any longer, but at the same time, she isn't qualified for any other kind of job, given that she doesn't speak English.We have been trying for years to get her a different job, but nothing has worked. She lives with dad, who is self employed and has a net income of 40k.

I would like to know if mom is eligible for SSI or any kind of assistance. I really would like for her to stop torturing herself every day at work. She is in pain all the time and she can’t do anything that involves hand work (cooking, sewing, and things she used to enjoy). Unfortunately, I am a few years away of being of any material assistance, which is my eventual plan.

How do I go about helping her with this?

posted by anonymous to Work & Money (6 answers total)

You do not need to be a citizen to collect Social Security Disability benefits. You do need to have been working legally in the United States and paying taxes here for long enough to qualify. Your family would likely benefit from consulting with a lawyer to ensure that you understand the paperwork and can get access with minimal hassle to any benefits due to your mother. In most jurisdictions, Legal Aid or other nonprofit organizations help people with benefits claims, so you may want to start there in looking for assistance to understand your rights.
posted by decathecting at 5:35 PM on May 13, 2011 [3 favorites]

For that matter, check out the Social Security web site or walk into a Social Security office. There is plenty of information there about qualifications.
posted by yclipse at 5:38 PM on May 13, 2011 [1 favorite]

I don't know the answer, but I want you to know that I posted a disability-related question here a while back and the advice I got did not match up to the reality I discovered via my state's disability office. So I suggest you go straight to the real source and ask.
posted by BlahLaLa at 6:35 PM on May 13, 2011

If your mother lives in one of the states listed below it would be worthwhile to look into whether she qualifies for State Disability Insurance.

California
New York
New Jersey
Rhode Island
Hawaii

For example, California's benefit typically pays for up to 52 weeks -- if she qualifies for the entire time -- and in my indirect experience it is pretty straightforward to apply for and get.

Disclaimer: I am not a disabled person and I have never applied for or received SDI from any of these states. However, I am a disability claims professional and am reasonably familiar with these programs.
posted by That's Numberwang! at 8:13 PM on May 13, 2011

Another thought--did this happen as a result of work? If so, Worker's Comp. may be the route to go for now if this is the case. IANAL
posted by 6:1 at 8:38 PM on May 13, 2011 [1 favorite]

Seconding the idea about workers compensation. She should consult with an experienced workers compensation lawyer. It typically will not cost her anything to do so as the lawyer will be paid a percentage of what she is awarded.
posted by megatherium at 4:19 AM on May 14, 2011