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How Is Ability To Work Determined?

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woundedsoul

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My therapist confirmed my diagnosis of PTSD and she advised me to file for SSDI because she doesn't believe I can work. The problem is I have been a stay-at-home-mom for 18 1/2 years, ever since I got laid off and then became pregnant. My SSDI application will be denied because you need to have worked for 5 five consecutive years recently, which over course I have not. I was last insurable for SSDI in 1997 per the social security administration. So, I cannot collect. Fine. That is not the problem. The problem is that I am also being forced to file for Bankruptcy by my husband. He was fired in 2006 and didn't become gainfully employed again, until Oct. 2011. He filed bankruptcy prior to his forcing me to do so this March, but his was Dismissed because he didn't produce any of the required documentation and he failed to pay the Bankruptcy Plan. He told me none of this, the bankruptcy atty told me . Husband secretive and abusive regarding finances.

In order for my Bankruptcy Petition to not be dismissed, I "must earn wages or have some other source of regular income..." That is the law.

I do not work, have not worked for 18 years because I chose to be a stay at home mom. In 2009, I became disabled with PTSD. I do not believe I am capable of working outside of the the home at this time because of my disability and because I have a disabled son, who is 18, who was recently dx'd with bipolar disorder and requires almost 24 hr. supervision because of symptoms of his disability (he has been suicidal and many other very very serious symptoms) and I cannot leave him alone with his father because he severely verbally abuses him and even choked him twice on two seperate occassions approx. a year ago during arguments they were having. I immediately broke them apart both times.

I did work one year, over the past 18, part time for a local book store in 2005. At that time, my son would call me practically every night begging me to come home and/or begging me to tell his father to leave him alone and stop yelling and screaming at him. I very rarely ever left them alone his entire life, because his father would lose his temper and yell at him with little to no provocation. I do not feel he is safe home alone with his father who has a similar temper to him and they both explode constantly.

My son has a documented disability for his inability to control his moods and emotions and is now taking medication. He has been hospitalized 3 times since Oct. My husband doesn't believe he is disabled and thinks he is just manipulating all of us. He verbally abuses him, as he did 4 nights ago, saying, (pardon the vulgarity pls) "You're fkn gone aren't you? Youre acting like your fkn insane. What r u fkn 3? Smarten the f up... r u doing this shit for real or what? acting like a fkn 2yo. look at yourself! hey, (said son's name) look at yourself! He tells my son, "if it wasn't for her (me) you wouldn't even be living here." Then he goes upstairs saying, Oh, my god! Oh my god! Then he tells me within son's earshot, "He belongs in an institution."

That all occurred within a five min. time frame. This is not unusual, in fact, it is typical. I intervened and said to my husband, "Would you say all of that if he had cancer?" Told him to stop. Told him it was abuse and how horrible to say such things to a child who has problems regulating his moods and his emotions.
I CANNOT LEAVE THIS MAN ALONE WITH MY SON. I am required to get a job in order for the Bankruptcy to go through to prevent foreclosure on our home. My husband cannot afford to pay for the Bankruptcy repayment plan but refuses to sell! I have pleaded and begged for him to sell since he first got fired in 2006. He outright refuses. We would gain approximately 100K if we sold. He is irrational and emotionally attached to the home. When I say refuses, I mean will not budge. He will not sell and may make us all homeless.
He also has a tax bill of 25K which he cannot pay and is ignoring.

Needless to say I am devastated. I married this man in 1988, not knowing he would not file tax returns, abuse me and his disabled son and I have no money to divorce because I chose to be a stay-at-home mother. I am afraid to ever write the word divorce here because I am terrified he will start to come after me again, severely verbally abuse me and stalk me, like he did in 2009, when I had to get a restraining order on him because he would not stop abusing me.

Sorry this is so long. The only question I am asking for advice on is so, how the heck do I get a job when this is my life? How do you assess if you even can work? I had to collect a bunch of documents trying to apply for my son getting SSDI for his disability and I can only tell you, the confusion and difficulty I experienced, wherein, this used to be incredibly easy for me, was shocking to me and scary. I am confused and afraid. If I don't get the Bankruptcy approved in my name, we could become homeless because of my husband's irrationality and refusal to sell. I can't tell you how difficult it is to live like this. Constant stress, anxiety and worry, which causes unbeliveable PTSD symtoms to the point of exhaustion.

Well, again, sorry this is so long. Please tell me, how do each of you asses ability to work? Despite this novel, that is all I want answered. Thank you so much.
 
I do not have an answer to your situation, however, I do send you a huge (((((hug.))))) You are enduring a lot.

Have you perhaps gone to the welfare office or any service like that? Are there any programs in your area that could lead you in the right direction? Example, my parents church has an outreach program that helps homeless find jobs, housing etc. They have been quite successful in their aid with so many people who were in horrid conditions. There must be someone in some office somewhere that can point you to some venues you could utilize during this struggle. I wish you the best!!!!
 
Dear woundedsoul,

I would go immediately with your son to the nearest Womens domestic abuse center. Not only will it be a safe refuse for you and your son, they have resources to help you get more help, ie., legal aid, financial, and even therapy. The quality of services and resources will depend upon the shelter and your city the population etc.

If you are in a position where you need to work and cannot work because of your disability. You are eligible for Social Security, sate aid and probably much more. And by leaving your abusive husband, you will indeed be in such a position with a disabled son.

If you live in a huge city obtaining these resources will be much more difficult. Try to get to a smaller city where you will get immediate attention to your problems. If your not already in a small city consider contacting a relative in a small town for a visit, while you are there, seek out the domestic abuse shelter, and start rebuilding from that point on.

Your son will be able to collect social security for his disability, you will get social security too, and vis versa.

If I was you I would leave your abusive husband and let him deal with all the bankruptcy problems that he caused in the first place.

What I understand from your post, your abusive husband is the cause of all your problems. And probably your sons problems too.

The police will assist you in packing up all your stuff, so you don't have to be fearful of leaving.

Good luck with everything,

Solo
 
Dearest woundedsoul, I also can't offer you any legal advice. Hey... what about getting a lawyer?

I just want to say I am praying for you and hoping for the best blessings to help you and your son in the situation you are in. It really hurts to know that you are suffering over there. I am not in the U.S. so I don't know much about filing for disability. I do know however very much how very stressful and painful it is to be threatened into being homeless. I have been homeless twice in my life. The first time it was because I was forced from my home. I had friends and my university where I could stay, and it was really hard on my spirit, but it was not the end of the world.

There are lots of places I could go for help and the same is for you. I hope you are able to avoid it, but before anything you are the first and foremost in your life. You are number one in your life. You can find ways to get through this. Wishing you love and strength, and whole lot of protection.
 
I am on SSDI and the process was/is simple. Find a Social Security Disability Insurance Attorney willing to accept your case. The advice above should be sufficient to hook you up with one. Basically, that is it, you are done.

What will happen? You fill out paperwork for this Attorney. Wait. and very likely get denied. Let them appeal (a bit more paperwork) and wait again. The appeal goes to a Judge. IF this Judge rules in your favor you get SSDI and your Attorney gets paid. The Attorney gets paid a fixed sum (predetermined by SS) and only gets this sum if your request gets approved. You pay/owe nothing.

I really hope you find a good attorney, get this process started, and receive SSDI soon. Good luck!
 
I'm very sorry you find in such a stressful situation. I'm sorry for your son as he tries to navigate such rough diagnosis but he is fortunate to have such an informed and loving mother.

That being said I would do exactly what Chondra suggested. I had an advocate to help me with my disability papers. They were able to help me with the mounds of paperwork and the denial I first received. It took time but eventually I got through it and the judgment was awarded to me. You might be able to get the same for your son at this time.

In the meantime you need to look out for both you and your son. It seems your husband isn't willing to help, my suggestion is to take what is yours and sell it if you can in order to get some money for you and your son, if you can do this safely. Otherwise I would have to agree with Flying, go to a shelter for women. I have been there myself and though it may seem bleak,you are attempting to build a life for your son.

You can always call the hotline and ask them what your options are.

Most of all, take care of you. You are not alone.
((((((((((((((((hugs)))))))))))))))))))))))
Rain
 
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