Beginning enrollment in disability in WA
March 22, 2019 2:13 PM   Subscribe

Will applying for and receiving state unemployment in Washington prevent my disabled friend from successfully qualifying for Federal disability?

A close friend of mine just suffered his third stroke in less than a year. He is partially aphasic and is losing motor control and touch in his right hand. His speech seems to be improving a bit at a time but his ability to write is quite impaired and stress dramatically increases his inability to find a word. He is at high risk for further strokes.

He has no financial resources and no income because he is unable to work. His health insurance through his work will last until the end of April after which we can help get him set up on AppleCare.

He has lived with us before when he hit a rough patch and at the moment we expect that to be the case shortly again. He would prefer to live independently.

The most direct route to get him an emergency income stream is Washington state unemployment insurance, which would provide him an income stream for long enough that he will be able to transition into the social services world.

In reviewing current info regarding qualification for disability on the Social Security website, it seems that there have been major changes in the way that disability is administered and paid from most readily-available information concerning disability via Google search. The most important change appears to be that a qualifying disable person at age fifty or over simply activates their lifetime Social Security benefit. I do not know if this is true for both permanently and temporarily disabled people.

He turns fifty in June. His neuro team has expressed the opinion, strongly but indirectly, that he needs to initiate the disability qualification process immediately. I believe that they are anticipating further strokes with a high likelihood of mortality in a relatively compressed timeframe, which is why they are communicating this urgency indirectly.

I am concerned that filing for unemployment could undermine his qualifying for disability, but do not have any experience with the adjudication process.

The conditions of receiving unemployment require the recipient to be ready and able to work and to be actively seeking work. At the moment, I do not think he is ready and able.

He asked about returning to work but his boss told him not to come in. His employer is very small and does not have any additional insurance benefits for their employees beyond health.

We have begun the process of getting him into his health-care provider's social services administrative network, filing for financial assistance and so forth, and we have a phone meeting scheduled with a social services representative there on Monday.

Unfortunately, I start a new job on Tuesday and cannot predict any free time at all - not even any days off - for the next ninety days and therefore will not be able to act as his communication facilitator after Tuesday.

I have the time this weekend, and this weekend only, to get him signed up for consideration for unemployment, but I am afraid to do it.

Anyone with experience in this is welcome to comment here.
posted by mwhybark to Law & Government (14 answers total) 1 user marked this as a favorite
 
The conditions of receiving unemployment require the recipient to be ready and able to work and to be actively seeking work. At the moment, I do not think he is ready and able.

This is a rough situation but in the long run your friend's situation is unlikely to be helped by starting off with UI fraud. I would concentrate on getting him set up for SNAP and any other local benefits, including any reduced-fare transit options that may be available.

I know there are a couple of Mefites who have much deeper experience with SSI/SSDI than I do so I hope they'll be along to advise you shortly.
posted by praemunire at 2:18 PM on March 22, 2019


Response by poster: I'm not sure it would be fraud - he wants to work and wants to go in, at least to try to work, but since his productivity would be impaired they don't want him to at the moment. The part of the UI process that he would have the most difficulty with would be completing the reporting requirements and job contacts because his ability to communicate is impaired. I think probably that if he were to use a WorkSource center he would be able to obtain both assistance completing those tasks and eyes-on assessments from ESD personnel. I'm not a hiring employer though, so I can't say my assessments are particularly valuable.

I pinged Slarty. I imagine Loq might swing by but I think he navigated his experience before this theoretical change in the way SSI / SSDI / SSD is administered.

His speech really is improving. I wish I had the time next week to work with him on his alphanumerics. We have been able to get him back at least three of the letters he'd lost - A, Z, and W - and I think that means he only is totally missing about four more, and one numeral that we know of, eleven.
posted by mwhybark at 3:55 PM on March 22, 2019


Best answer: My suspicion is that SSDI won’t really look at taking unemployment too closely, but I can’t be sure. SSDI does need to go before a judge and they are varying degrees of bitches about granting long term disability and look for reasons to deny it (its a lot of money we are talking about and there is rampant fraud), but in cases where there is an abrupt change in someone’s function and it is profound and permanent, these things seem to go much smoother. The way this usually goes in Washington state is that people go on short term disability (through DSHS which is funded by the state) first, because the barrier is lower and it can be set up more quickly and they stay on that until SSI can be set up. Typically I would see this when long term disability is more difficult to prove, for instance because of depression or a construction worker with multiple arthritic joints where an SSDI judge would correctly ask “has this person really received all the available medical treatment and have they really reached maximal improvement?” In those cases, it might take a year or two to prove long term disability so getting on short term state disability right away is important. That sounds different than your friend’s case where it should sail through fairly quickly (I’m totally guessing — maybe a couple months? Note that SSDI payments once granted are paid back retroactively to the time of initial application).

The problem is that short term state disability in Washington state kind of sucks. It will get you health insurance through Apple care, some housing assistance (which has ridiculously long waiting lists in Seattle), food stamps, and a minimal stipend of something like $200. Unemployment benefits are almost certainly going to be a better deal for your friend, assuming they have health insurance through some other means.

So the question is, can you bypass short term disability at the state level and substitute unemployment benefits and still get SSDI? Maybe. The people who would know for sure would be a disability lawyer, an independent social worker, and a DSHS caseworker. It sounds like you will most likely be meeting with a social worker Monday who will give you more information. I don’t think you’d be hurting anything if you got the unemployment paperwork in order this weekend, you can truthfully state you weren’t sure what to do and if you don’t actually draw any money it shouldn’t be a big deal. My guess is they’ll direct you to your local DSHS office where he can get on temp disability and they’ll actually try to help with SSDI (because that gets him off the state’s budget and onto the fed’s, they want to move that process if that’s the direction it’s clearly going).

Finally, the sad truth is that getting a disability lawyer seems to greatly speed up the process. They all work on contingency and take a cut of the settlement. You’re stressed about trying to make all this happen with limited time (and I’m guessing your friend has limited capacity to navigate all this?). It might just be worth it to hire a professional who can make it all happen. I hate the fact that a basic government benefit requires getting a lawyer involved but practically speaking they get things done. There are various do-gooder organizations and legal clinics that do this pro-bono and they are predictably extremely busy, the private ones will get you much more attention. I’d wait until you talk to the social worker person on Monday, but a lawyer would absolutely know the answer to the unemployment benefits question.

Good luck.
posted by Slarty Bartfast at 8:10 PM on March 22, 2019 [1 favorite]


If he wants to work but feels like he can't, would DVR be an option?
posted by spinifex23 at 9:33 PM on March 22, 2019


Best answer: You can contact the Unemployment Law Project in Washington, which offers a free Helpline:
If you have any questions about your specific situation, please give us a call. We have staff that are able to give advice on an appointment basis about unemployment benefits. Please call (206) 441-9178 x0 or toll free 1(888) 441-9178 x0 to schedule an appointment with our helpline staff.
The DSHS Vocational Rehabilitation division may also be able to offer some guidance, because your friend may not qualify for these services due to his current medical condition, and that may help you better understand why your friend may not be able to file for UI at this time. However, if these services are available, there may be extensive benefits that could significantly help your friend, so it may be very worthwhile to try.

It sounds like it could be very helpful for your friend to get a lawyer to help with a Social Security application, including the accelerated process that may be available through the SOAR program. The National Organization of Social Security Claimants' Representatives (NOSSCR) offers a lawyer referral service at 1-800-431-2804, and an attorney in Washington can explain all of the risks related to asserting an ability to work when it doesn't currently appear to be possible.

There are several public benefits that may be available for your friend, including General Assistance, Food Stamps, and assistance with utilities. Local social service agencies like Community Action and Catholic Community Services typically assist people with locating public benefits, and the Washington Department of Health and Human Services also offers an overview of some of the Food, Cash, and Medical assistance that may be available. Eligibility for Food Stamps may accelerate eligibility for other public benefits, so the online application may be a helpful place to start.

No one in AskMe can offer legal advice about what to do, and how it would work for your friend to assert, without an apparent medical basis, that they are able to work in order to qualify for UI benefits, while also offering medical evidence to the SSA that demonstrates an inability to work. It also sounds like you could benefit from legal advice about the consequences you may face for helping a vulnerable adult file a claim for UI that asserts an ability to work without a medical basis. If you review the application, it likely includes warnings about the consequences of filing false statements, but it's the Vulnerable Adult protection statutes that should probably personally concern you the most.

Overall, this can be a complicated and sometimes frustrating process that may include many delays. Your friend may benefit from obtaining a file box and file folders to help keep track of applications and the associated documentation, which may need to be produced several times to access benefits from various organizations and agencies. It is truly great that you are trying to help your friend, but there may be little that can be done to quickly get all of the benefits in place to support his self-sufficiency. I'm hoping the SOAR program is available in your area, because that free service may be one of the fastest ways to obtain SSDI benefits in this situation.
posted by Little Dawn at 6:33 AM on March 23, 2019 [1 favorite]


Response by poster: ah, so helpful! Thanks guys.

His social network has produced a person with relatively recent success in a temporary diability due to brain cancer and she was very clear and informed about the DSHS intake process. In a stroke of luck, the offices are less than a mile away from my house at North Seattle Community College - and even better, we have a longterm friend who works in the same building in the WorkSource office and who also has personal although not recent experience in navigating a neuro-complicated disability issue.

I printed out and gave him the documents and procedures checklist for SSD, and he will be receiving a similar set of instructions or data from his friend with recent DSHS / HES experience.

His rent at his room or apartment (I think it's a room in a U-Dist rooming house) is only $470. cell, car insurance, and internet total about $300. Not much left for food if say the benefit is $1000. His health insurance premium through work is $175.

We (not him) recently used AppleCare and had a snafu when we reported an income change to recognize UI income (no notice given that the coverage was ending and reenrollment ws required). The reenrollment process showed us the Washington State HealthPlanfinder offerings at full price with a $1k tax credit discount. The cheapest offering was a KP plan at $300. That might be able to fit into $1000 but I think it completely leaves out food. So once he has a benefit it will be important to know if the income rules around AppleHealth exclude disability - logically considered, they might, I think.

Today we have three goals, one, resetting and recording some passwords and making sure I have an independently stored copy of the passwords. two, reviewing and responding to some communications from his boss. three, looking for a documents-required guide for DSHS and comparing it to the SSD documents guide.

My suspicion is that I or someone will actually have to physically help him locate and gather the documents, and that this may be due to a combination of things including his strokes. He has dealt with filing and paperwork effectively in his job now for ten years but his personal document storage system in some plastic shipping bags with things crumpled up into balls of paper, and when I built him a documents notebook for him to use to store his on going after-visit reports he seems to have some difficulty actually parsing the information, sort of as if he is experiencing panic and aphasic effets while attempting to read them. I can get him slowed down enough to focus on them but it's tough. He shows similar effects when attempting to navigate some websites, something similar to what I think of as UI blindness (think of helping your grandfather log in to a site like MyChart, it's like that - he can't figure out where the UI elements are).
posted by mwhybark at 9:54 AM on March 23, 2019 [1 favorite]


Best answer: Before you start directing communication with the employer, it sounds like your friend may also benefit from a consultation with an employment attorney, to better understand his rights under the FMLA and the ADA. Free legal assistance may be available from Disability Rights Washington or other legal aid providers, and the National Employment Lawyers Association offers a find-a-lawyer directory that could help locate a private attorney for a consultation. It's not clear how urgent it is that your friend communicate with his employer, and AskMe can't provide legal advice on what to do anyway, but I suggest caution generally due to the significance of the potential rights at stake. There is a fairly straightforward process related to requesting medical leave under the FMLA, i.e. typically a form that can be quickly completed by a medical provider, and there is basic FMLA information online that cannot substitute for the advice of an attorney.

Also, to better understand how **extremely eligible** your friend may be for Medicaid, you can try to find a Community Health Worker to help with health insurance issues, and you can also review and assist with the online application for Medicaid. Consideration of private health insurance may be counterproductive when it sounds like your friend currently has a very serious health condition and no employment income. I encourage you to focus on helping your friend connect with resources that can provide ongoing assistance, including a social worker or case manager.
posted by Little Dawn at 10:19 AM on March 23, 2019


Best answer: Also, there is a guide titled Stay Right Where You Are: Resources for Seniors and Adults with Disabilities Living at Home in Washington State published by the Home Care Referral Registry of Washington State that provides an extensive overview of benefits and services.
posted by Little Dawn at 10:31 AM on March 23, 2019 [1 favorite]


Response by poster: ah, indirect emphasis, I get it.

As noted we have a telephone intake with a KP social worker on Monday and he will be getting social guidance on DSHS tonight - I imagine Monday morning will start with a trip to DSHS.

The banker's box tip is very helpful.

I also noticed the DSHS pre-qual intake here and it led to a big list of potential series applications. I was really looking for a list of documents to start to wrangle, but we do have the one from SSA and the doc sets are predictable.

Hopefully we will get a lawyer referral from his network soon, if not we can just look for direct resources and go through the front door.
posted by mwhybark at 10:32 AM on March 23, 2019 [1 favorite]


Response by poster: Oh and I don't *think*he is FMLA eligible as his employer is under the 50-employee limit.
posted by mwhybark at 10:32 AM on March 23, 2019


Washington State law (via Washington Department of Labor & Industry) may offer protections in addition to what FMLA provides, and the ADA and similar state laws may provide additional legal protections (via Washington Law Help).

Also, benefits applications sometimes only require applicants to sign releases so the relevant documentation can be collected directly by the agency, but they will still accept documentation that is available at the time of the application. Other benefit applications may use Food Stamp eligibility as a guide, after income information is produced during the Food Stamp application process. There can be a lot of variation, but collecting and organizing the information that is currently available (e.g. hospital/doctor records, pay stub information, proof of identity) could be very helpful. Some medical records may be available through online patient portals, so assisting with gaining access to these records could also be helpful.
posted by Little Dawn at 10:50 AM on March 23, 2019


Response by poster: I made him a notebook for the current round of medical visits and gave him a simple set of instructions on how to manage it (hole punch while in-office, add newest end-of-visit docs on top of notebook).

Proof of identity is going to be a pain in the ass. He was hired just before the current regs went in and as far as I know he only has a WA state driver's license. He definitely does NOT have his original Social Security card or a passport. I will try to ask about OBC next time I see him.

Honestly at this point I am pretty optimistic we're headed in the right direction, the real point of failure is likely to be that his aphasia is going to be incredibly difficult to manage because it prevents him from executing most of these tasks on a self-directed basis.
posted by mwhybark at 4:11 PM on March 23, 2019 [1 favorite]


From the SSA website, it looks like Washington is a participating state in this program:
You can use a my Social Security account to apply for a replacement Social Security card online if you:

* Are a U.S. citizen age 18 or older with a U.S. mailing address (this includes APO, FPO, and DPO addresses);
* Are not requesting a name change or any other change to your card; and
* Have a driver’s license or state-issued identification card from one of the many participating states or the District of Columbia.
Honestly at this point I am pretty optimistic we're headed in the right direction

I'm glad to hear it, and I encourage optimism whenever possible, especially for challenging recovery processes like this.
posted by Little Dawn at 10:16 PM on March 23, 2019 [1 favorite]


Response by poster: Good progress today, all day at DSHS with super helpful intake folks. Next steps are finalizing documentation with demand letters from the agencies and getting him over to SSA. My take is that the next step is getting his documentation lined up from his current providers and I think he should be able to handle that solo.
posted by mwhybark at 5:52 PM on March 25, 2019 [1 favorite]


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