Does my dad need a lawyer to retire early?

September 8, 2015 9:36 AM

Ideally, he needs to get VRS diasbility and SS disability.

I think we need a lawyer who specializes in this.
Do we? And if so, what should we look for in a lawyer?

After 20 years at his job, my dad wants to retire early. He is 55. He was diagnosed with MS a few years ago, and now he has difficulty moving around and even staying focused for long periods of time.

Has not yet applied for disability. He is eligible for early retirement, but we've seen people in the state-run (Virginia) organization he's in get screwed.


Also, is there anything else we should know about retiring with a disability before we move forward?

posted by jander03 to Health & Fitness (7 answers total)

My experience with social security disability is limited to having a number of clients, over the years, that applied. In nearly every case it required an attorney who specialized in SS disability to have any hope of succeeding. It also, even in some fairly clear cut cases, typically took two or three years to get to the end of the process. (note, this was not in Virginia, but I doubt it's much different than here in Michigan).
posted by HuronBob at 10:23 AM on September 8, 2015

He should expect to be denied for SSD the first time he applies, and he should expect the entire process to be prolonged (meaning it might take years, and the entire time he wouldn't be working or earning income).

This, very much so.
posted by infinitewindow at 10:31 AM on September 8, 2015

BTW when my wife filed for disability due to MS, her agreement with her lawyer provided for a percentage of her payments to be paid to the lawyer, up to a rather low total maximum. She got denied, they did the return-on-investment calculations, and they dropped her as a client. But she was only thirty—your father will likely fit their formula much better.
posted by infinitewindow at 10:34 AM on September 8, 2015

You can start with the MS Society's information here, then contact them for more information, including whether to hire a lawyer. What you can do now is make sure that he has complete medical records.
posted by Mr.Know-it-some at 11:55 AM on September 8, 2015

I don't know about the retirement side from his job, but I do work with people who are applying for Social Security based on disability. If your father is very clearly disabled from his condition, he may have a smoother process than some people, MS being a degenerative type of diagnosis. For example, I've seen someone get approved in a few months, but he had a terminal cancer. Another patient with heart failure was approved in maybe 6 or 9 months. But if he's working now, that may be a problem.

I'm not positive that your father needs a lawyer, but he does need some local people with a lot of experience with this to advise him. Is he a member of a union that may offer any suggestions re: his workplace retirement? Is there a lawyer that could do a free initial consultation to at least assess what the specifics of his questions are?
posted by latkes at 12:01 PM on September 8, 2015

I have MS and receive SSDI and LTD Insurance. This is how I did it.

Called MS society and got some advice.
Met with my Neurologist and took two weeks off. Just regular sick leave.
Researched State Disability program (ca).
Two weeks later informed job I was taking 4 weeks off and applied for SDI benefits.
Four weeks later informed employeer I would be off for 4.5 months. Applied for SSDI.
At the 6 month mark I informed my employer I was not returning and applied for my employee benefit for long term disability.
I was approved for SSDI four months after I applied.

I think the main reason I had so few problems with the process was due to my neurologist being on top of everything. He knew exactly what to say and how to say it. The doctor can make it work or really create a big hassle.

The downside to my story is that it happened in 1989. All the DM Meds had just started surfacing so the attitude towards an MS diagnosis was less hopeful than it is know.

The last thing I will share is that I get undiagnosed with MS every time I change Doctors. Then I eventually get re-diagnosed. None of that has ever threaten my disability benefits.

I know others who have used lawyers but I would start with his Doctor and go from there. He may not need a lawyer.
posted by cairnoflore at 1:42 PM on September 8, 2015 [1 favorite]

You mention both SSDI and VRS disability, but they are mutually exclusive.

Eligibility for SSDI depends on someone being "unable to perform any substantial gainful activity," in other words, can't earn a living.

Vocational rehab provides the supports which make it possible for a disabled person to continue working. So if the MS affects your father's vision, VRS could fund him learning how to use screen-reading software, as well as buy the software so he has a copy to learn with. That makes him still employable.

If the MS affects his vision and his short-term memory, it would be very hard to use screen reading software. He can't use his work computer; if a computer is a requirement of the job, then he can't work there.

MS affects people differently; your father must detail exactly why his MS prevents him from doing his job. In SSA-speak, they need details of his functional limitations. One approach is to get the position description, and compare the effort and results from his work pre-MS and his current work.

If your father applies for SSDI and finally gets it two years later, he gets back pay to the date of application (and that's why cairnoflore's approach was so smart). As long as he's under the age of retirement, he gets SSDI. When he crosses that threshold, the payment turns into regular Social Security.
posted by Jesse the K at 3:15 PM on September 8, 2015