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Can you qualify for disability if you don't have a job?

My mother worked as a CNA for 22 years. In that time her body has taken a beating having to lift people daily. Now, at the age of 62, she can't walk well at all. She can't walk up stairs at all and her steps are only 5-6 inches per stride. She was released from her job yesterday because of giving one of the residents an 8 hour aspirin instead of two 4 hour aspirins. She doesn't know what she is going to do without a job now and we suggested applying for disability... But can she get disability with her work situation?

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  • Judith
    Lv 7
    7 years ago
    Favorite Answer

    Why wouldn't she be able to file for disability because of her work situation? She isn't working, is she? And in order to get disability you must be unable to work and earn $1040 or more per month. She can file online at ssa.gov or she can call 1-800-772-1213 and make an appointment to file either in the office or over the phone. She should not visit the office without an appointment to file a disability claim.

    Since the vast majority of disability claims are denied she should also file an application for retirement benefits. That way she will be receiving benefits while her disability claim is pending. If her disability is approved she will be switched from the reduced retirement benefit to the unreduced disability benefit which she would receive until she is of full retirement age when she would be switched back to retirement benefits again without a change in her monthly benefit amount. There is no such benefit as a disability benefit once someone has reached full retirement age.

    If her disability claim is approved she would be entitled to Medicare after being entitled to disability for 24 months. Otherwise she would have to wait until age 65 for Medicare. Also, when she becomes entitled to Medicare she could file an application with county welfare office to see if the state will pay her Medicare premiums, copays and deductibles. If her monthly social security benefit is low enough she will qualify.

    Source(s): I was a social security claims rep for 32 years.
  • 7 years ago

    we don't know exactly what her physical problem is, like does she need a physical therapist or a chiropractor, or if she's in pain or what. She can still do respite work (just sitting there all night and monitoring someone who is at their end. Or she can go thru places like Kelly (the agency for CNA's) where she could just watch someone who can't get out of bed for a few hours. Only the SSA determines if someone gets disability or not and it's from past doctor records, xrays and such. She can go thru Vocational Rehabilitation and ask them if she can work, they will get some tests done for her. Then she can apply at SS, get her doctor to say what percentage she is disabled, and then file for disability in court thru a SS attorney.

    What she did about the aspirins doesn't sound like a big deal to me, but the 4-hour aspirins may be what the doctor ordered and she didn't listen to what he prescribed. But she should be able to get work again if she still loves CNA work. Nurses are in such short supply these days.

  • ?
    Lv 7
    7 years ago

    She has a good case to get unemployment benefits. (She didn't give the wrong pills or anything, she simply gave a different version of what was prescribed.) And, assuming she can get unemployment benefits, that gives her a few more months to try one of two things--look for a sit down job that can last her a few years or apply for early retirement. I'd advice against that last choice, simply, because if she can hold out for just four more years, she'll get more money per month for her retirement money.

    CNA at a nursing home is one of the crapper paying jobs in life, plus darn if it's not one of the most demanding jobs. I suspect shed enjoy the same kind of low pay just to do telemarketing. I know that doesn't sound like fun (and it's not thrilling), but at least telemarketers get to sit down at work most the time. The only difference between doing that now and doing it when I could work is she would need to make sure it was a legitimate sales pitch. If it's calling pre-existing customers, calling for charities or calling for politicians, it's legitimate. Everything else is a scam.

    And if he can do inside sales, she could also make bonus money. I used to work four hours a day and got paid for six, because I generally hit double-bonuses. It's just a game of how many calls you can make and how quickly to accept most don't want it, so don't waste time. Again, boring, but I got to sit on my duff, which was a plus for me. lol

  • John
    Lv 7
    7 years ago

    She definitely sounds like a candidate for Social Security Disability. At 62 she needs to be unable to do her usual work as a certified nursing assistant. Her regular work requires her to help and support frail elderly people in and out of bed and to move them around. If they begin to fall she must support them. Also, often she would have to move rather fast on her job. It sounds like her recent employer kept her on because she was such a faithful worker for so many years but finally at 62 the job just got too much for her.

    Also at 62 she can file for a reduce retirement benefit that would be about 75 per cent of her disability benefit. She can get that reduced retirement benefit while her disability claim is processed and then her benefit would be increased to the higher disability rate. That would be a win win situation for your mother. For a reduced retirement benefit you should call SSA at 1-800-772-1213 and ask for an appointment. Call before the end of December or your mother will loose benefits for December.

    SSA is very strict about privacy. They will not talk to you about your mother's claim. However, if you have an extension phone your mother can be on one phone and you can be on the other.

    that way you can help her if she needs it.

    And she (or you on her behalf) need to check out both unemployment and state short term disability.

    To get unemployment you must be "available for work." You must be looking for work but you can do that and file for jobs on the internet. If your mother states she cannot work because of her medical problems her claim would be denied because she is not "available for work." Today unemployment can last a year or more. If she is getting unemployment and she filed for Social Security Disability SSA will not consider the unemployment evidence she can work. In fact, she will not even be asked about it. The only issue is whether or not she is working when she actually files. Your state will have a website for unemployment and often today people file on the itnernet.

    If she cannot get unemployment your state may have a short term disability program. Typically it lasts 6 months. Again, if there is a short term disability program that to will be on the state internet.

    Your mother has worked all of her life. She sounds like a person who has pushed herself to continue for as long as she has but finally just could not do any more despite all of her effort. She is the kind of person these programs are designed for. You and she should definitely pursue benefits for her now that she needs them.

  • Sue B
    Lv 7
    7 years ago

    yes she can. Me...for instance.....got hurt on the pipelines. I then got Workers Comp. Okay, then Workers comp sent me to school. Okay, I didn't even get a job doing what I was taught in voc school. I was without a job for like 5 years before my disability was accepted. Your mom may find she gets her's fast. It took me 4 years to fight getting mine. What finally went fast when I started writing my senators and congressmen.

  • She should be considered too old to continue to do her job as a CNA. And she should also be considered too old to be retrained for a new job. So she should certainly apply for disability. And I would apply for unemployment benefits. It looks to me like they were looking for an excuse to get rid of her.

  • Anonymous
    7 years ago

    yes, you can. the only qualifications you need for disability of any kind are the fact that you can't work. this does not mean you can not hold your current job, it means you can't hold ANY job.

    ,

    - bus driver,

    - walmart greeter,

    - store clerk,

    - cashier,

    - truck driver,

    - mail man/woman.

    you get the picture, I think.

    Source(s): people I know who have been on disability.
  • Kini
    Lv 7
    7 years ago

    If she is low income, she can apply for SSI which is welfare disability. Other than that, she can apply for permanent disabiity at the Social Security office.

  • ?
    Lv 6
    7 years ago

    You qualify for disability based on your medical condition and your physical ability or inability to perform the duties required for the job, not based on whether you're employed or not.

  • ?
    Lv 7
    7 years ago

    see what Judith said & add she might look into clerical jobs such as unit secretary

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