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Help Needed - 1/17/2014 12:44:27 PM   
ahorman


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Joined: 3/16/2012
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I am not sure if this is the correct place for this, or if there is a correct place for this. If this is not the correct forum please let me know.

Now, the help I am needing:

I was recently forced by the state of Texas to quite my job. I am disabled and in a wheelchair and get benefits from the state. In an effort to get off of those benefits I managed to finally get a job after looking for nearly 10 years. In a letter dated the day I started my job Health and Human Services demanded paycheck stubs under threat of denying further benefits while I had not even gotten my first paycheck.

I informed them I had not even gotten a first paycheck so they had me verify future income, guessing. They denied all benefits based on that. The job I had was a temporary seasonal position gotten through an out of state staffing agency that specializes in the disabled. They did not offer benefits and any outside health insurance would not have kicked in until after the end of the contract date, which would have been 15 January.

They told me I had to choose between job and benefits. I would not have been even able to afford insurance after the contract end date, so, I had to quit 14 December, only a month of work total, in order to get benefits. Now, my goal in taking a short term job was not to play the system, but, to fill in a gap in my resume to show steady, real employment so I could go after permanent jobs with benefits.

I have tried contacting everyone I can think of from government representatives to a local news station to an elder law attorney. My voice alone just does not seem to be enough to be heard. So I am asking for help to get my voice heard. Below is a link to a petition I started. I am also going to go out and pass out flyers and even stand on street corners with a sign in my lap if I have to get this signed. Please read and sign it, I want to work, but need the initial support, please, help me be heard.


http://www.change.org/petitions/donna-campbell-change-state-medicaid-law-to-allow-for-120-day-grace-period-to-work
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RE: Help Needed - 1/17/2014 5:25:19 PM   
LookieNoNookie


Posts: 12216
Joined: 8/9/2008
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quote:

ORIGINAL: ahorman

I am not sure if this is the correct place for this, or if there is a correct place for this. If this is not the correct forum please let me know.

Now, the help I am needing:

I was recently forced by the state of Texas to quite my job. I am disabled and in a wheelchair and get benefits from the state. In an effort to get off of those benefits I managed to finally get a job after looking for nearly 10 years. In a letter dated the day I started my job Health and Human Services demanded paycheck stubs under threat of denying further benefits while I had not even gotten my first paycheck.

I informed them I had not even gotten a first paycheck so they had me verify future income, guessing. They denied all benefits based on that. The job I had was a temporary seasonal position gotten through an out of state staffing agency that specializes in the disabled. They did not offer benefits and any outside health insurance would not have kicked in until after the end of the contract date, which would have been 15 January.

They told me I had to choose between job and benefits. I would not have been even able to afford insurance after the contract end date, so, I had to quit 14 December, only a month of work total, in order to get benefits. Now, my goal in taking a short term job was not to play the system, but, to fill in a gap in my resume to show steady, real employment so I could go after permanent jobs with benefits.

I have tried contacting everyone I can think of from government representatives to a local news station to an elder law attorney. My voice alone just does not seem to be enough to be heard. So I am asking for help to get my voice heard. Below is a link to a petition I started. I am also going to go out and pass out flyers and even stand on street corners with a sign in my lap if I have to get this signed. Please read and sign it, I want to work, but need the initial support, please, help me be heard.


http://www.change.org/petitions/donna-campbell-change-state-medicaid-law-to-allow-for-120-day-grace-period-to-work


This is what's entirely fucked up about our system.

Guy has difficulty finding a job because he's disabled.

Guy finds a job...now insurance is kicked out because he earns too much money.

(in reply to ahorman)
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RE: Help Needed - 1/17/2014 5:26:12 PM   
EdBowie


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LBJ's legacy lives on.

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RE: Help Needed - 1/17/2014 8:36:01 PM   
Phydeaux


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quote:

ORIGINAL: EdBowie

LBJ's legacy lives on.


Its funny the things we agree on.

LBJ truly fucked the african americans.

(in reply to EdBowie)
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RE: Help Needed - 1/17/2014 9:00:15 PM   
TheHeretic


Posts: 19100
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From: California, USA
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Those two previous posters need to go get a room, I think.


Ahorman, you are going to need some advocacy here. There are non-profit organizations for pretty much every possible disability out there. Find the one for yours, and contact them in writing, requesting assistance. See what they can tell you.

You say you have reached out to government reps, and that can be a good avenue, but you need to be working with the right ones. State disability is going to be state level. You should (again, in writing) contact both your legislative reps. Same letter to both, and indicate that with a cc list at the bottom.

If that gets you nowhere in 45-60 days, then you make your contact at the executive level, and for that you want email addresses. Find the address format used in the Goveror's office, and the names of the press deputy, and the health and human services advisor (exact titles may vary). Don't pop too soon after going legislative, and email persistently, without crossing the line into kook spam. CC the emails to the editors of the newspaper in the state capitol, and your nearest big city daily. Be sure to include a signature on all emails with your complete contact information.

Keep detailed records on everything, and a log of all contacts. Get the name of everyone you talk to, along with date/time.

Good luck!



_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


(in reply to ahorman)
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RE: Help Needed - 1/18/2014 6:53:22 AM   
Lucylastic


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Fuckin awesome Rich.

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<) )╯SUCH
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\(•_•)
( (> A NASTY
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(•_•)
<) )> WOMAN
/ \

Duchess Of Dissent
Dont Hate Love

(in reply to TheHeretic)
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RE: Help Needed - 1/18/2014 7:13:12 AM   
ahorman


Posts: 16
Joined: 3/16/2012
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Heretic:

As far as state I think I have, no one wants to touch this and the ones that start to help turn and say they specialize in Social Security, so, I am out of ideas for advocacy groups. I'll try the other stuff though, I really do appreciate the advice. I have been feeling like I have beating my head against a brick wall for the last 2 months trying to get this taken care of. I almost did not get benefits back in time to have it reinstated in January because I kept working until the last possible day while I called people.

(in reply to TheHeretic)
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RE: Help Needed - 1/18/2014 7:36:58 AM   
Lucylastic


Posts: 40310
Status: offline
Good luck........Im certainly not qualified to give you info.....but I sure wish you well.

_____________________________

(•_•)
<) )╯SUCH
/ \

\(•_•)
( (> A NASTY
/ \

(•_•)
<) )> WOMAN
/ \

Duchess Of Dissent
Dont Hate Love

(in reply to ahorman)
Profile   Post #: 8
RE: Help Needed - 1/18/2014 9:25:12 AM   
ahorman


Posts: 16
Joined: 3/16/2012
Status: offline
Thank you, Lucy, I really do appreciate that :). Even just wishing me luck does help :)

(in reply to Lucylastic)
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RE: Help Needed - 1/18/2014 10:01:07 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
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quote:

ORIGINAL: ahorman
the ones that start to help turn and say they specialize in Social Security



That is going to happen, and it's one reason to make sure your contacts are in writing. Few things are going to be more frustrating that getting on the phone with someone who is looking up your problem in the wrong book of rules and regulations.

The system is fucked. The laws tend to be poorly thought out, and then covered with odd patches, and strange lumps. Trying to do something, anything, while you aren't able to do what you are used to doing, is the easiest way to trip the fraud triggers, and really screw up the case.

I kind of hate going here, but if your disability is something permanent, and you will most likely be forced to transfer over to the Social Security disability system at some point, then you don't want to have any recent work history when you go into that process.


_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


(in reply to ahorman)
Profile   Post #: 10
RE: Help Needed - 1/18/2014 10:50:47 AM   
ahorman


Posts: 16
Joined: 3/16/2012
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Heretic,

Yup, I am on Social Security, it started as survivor benefits years ago then changed to disability when I became an adult. I actually did follow the book. I used what is called the ticket to work. It allows me to work but keep my Social Security for 9 months so that I can get settled into the job and then it stops. However for about 5 years it is available to be restarted or if I cannot maintain a minimum of I think $1,040 a month. So, they have actually been very helpful as far as that.

It is enough to survive, but, not near enough to live on (if that makes sense) and I hate being on welfare, I just do not have a choice at the moment. I really want to be off both, to the point if I had use of my hands I'd go flip burgers, heh. What really confuses me is Social Security says that if I qualified for Medicaid before I started work then it'd not be taken away, and Texas state law says Texas Medicaid follows Social Security guidelines. However, Health and Human Services says Texas Medicaid is different. Really feel like they are jerking chain.

(in reply to TheHeretic)
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RE: Help Needed - 1/18/2014 11:19:13 AM   
MAINEiacMISTRESS


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Getting back into the work force after getting labeled disabled is difficult. Even for the veterans I know who are disabled due to injuries they received while ON THE JOB serving have to wade through a lot of bullshit. Most people don't want to sit around. It's important to mental health for people to have a "purpose", and a reason to get out of bed and dressed every day. if you are injured or disabled, I feel it's even more important, to keep a regular routine of getting out and staying a "valuable" part of society.

In the meantime while fighting this battle have you considered volunteering? If you find the right volunteer work (similar in duties to a paid job) it will still be considered as "work experience" by future employers. Remember, all applicable skills (not just paid ones) are considered when sifting through job applicants.

Good luck with it. I hope your situation gets resolved.

(in reply to ahorman)
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RE: Help Needed - 1/18/2014 11:23:59 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline
So not state disability then. That changes things.

You're in the Obamacare transition disaster zone, and right in one of the places where the monkey wrench seriously tore up the gears. Similar problems are happening with the Medi-Cal system in my state. My advice, based on this, is to just keep your head down, don't change anything in your status, and find out if there is a state Ombudsman you can contact, if something really nasty comes up.





_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


(in reply to ahorman)
Profile   Post #: 13
RE: Help Needed - 1/18/2014 11:25:32 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline

quote:

ORIGINAL: MAINEiacMISTRESS


In the meantime while fighting this battle have you considered volunteering? If you find the right volunteer work (similar in duties to a paid job) it will still be considered as "work experience" by future employers. Remember, all applicable skills (not just paid ones) are considered when sifting through job applicants.




Good advice here.

_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


(in reply to MAINEiacMISTRESS)
Profile   Post #: 14
RE: Help Needed - 1/18/2014 11:34:42 AM   
MAINEiacMISTRESS


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I should have added some examples of the volunteer positions I was talking about.

1. Hospitals
2. State House -one example is Consumer Rights Mediator (this postion offers training in mediation and negotiation, which can be useful in law offices, wholesale purchasing, etc)
3. Animal shelters
4. Emergency Counseling services

Check your local newspapers for volunteer training programs, or call places directly to ask.

(in reply to TheHeretic)
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RE: Help Needed - 1/18/2014 11:50:43 AM   
ahorman


Posts: 16
Joined: 3/16/2012
Status: offline
That is good advice, and something I will consider for sure. I honestly had not thought about the volunteering being used as attained skills.

And yeah, Obamacare, heh, that did throw a wrench in things too because I could not just go without insurance if I'd wanted to. Thank you guys for the advice, I was honestly kind of afraid this would produce negative comments and feedback just based on past experiences else where. I really appreciate the feedback and advice, it really is helpful.

(in reply to TheHeretic)
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RE: Help Needed - 1/18/2014 11:52:52 AM   
ahorman


Posts: 16
Joined: 3/16/2012
Status: offline

quote:

ORIGINAL: MAINEiacMISTRESS

I should have added some examples of the volunteer positions I was talking about.

1. Hospitals
2. State House -one example is Consumer Rights Mediator (this postion offers training in mediation and negotiation, which can be useful in law offices, wholesale purchasing, etc)
3. Animal shelters
4. Emergency Counseling services

Check your local newspapers for volunteer training programs, or call places directly to ask.




Those are actually right up my ally, I have an undergrad in Psychology, and one goal I do have is to get a masters and get into counseling or full on clinical psychology.

(in reply to MAINEiacMISTRESS)
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RE: Help Needed - 1/18/2014 2:40:45 PM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline
It wasn't the individual mandate I was referring to, in terms of Obamacare transition.

One of the very first things the new law did, long before the recent messes, was drop some serious cuts into Medicaid, which forced the states to do the dirty work of cutting off a lot of poor people. It's going to take some time for those changes to be balanced out with the final implementation, and good patches developed for the unintended consequences, and that assumes the broader package is going to neatly fall into place.


_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


(in reply to ahorman)
Profile   Post #: 18
RE: Help Needed - 1/18/2014 4:15:21 PM   
LafayetteLady


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Joined: 5/2/2007
From: Northern New Jersey
Status: offline
OP, I'm a bit confused here, you initially received Social Security benefits based on "survivor" status, which means you received benefits as a minor with a deceased parent. Then it was you who was determind to be disab led, and you receive SSD because you are a quadrapalegic (you mention here and in your profile not having the use of your hands ).

You state that you did begin a job through Social Security's ticket to work program. You SSD payment is low enough for you to qualify to also receive Medicaid and other benefits from Social Services, like food stamps.

So given all those facts you state: the ticket to work people didn't properly explain how the program will effect any benifits you receive from social services. Benefits from social security and social services are two entirely different programs that, while they often both can be available to disabled people, have two completely different sets of rules.

You receive SSD, and appently have received it for more than two years, so you receive (and are required to take) mediCARE, which is completely different than mediCAID. So you were never losing your health insurance, just losing the medicaid that you had with your medicare. You also were not told that you would be losing any income benefits through social services, because they didn't provide any, your income comes from social security disabiity benefits which are not administered by social services.

Each state administers medicaid individually, so the guidelines may be a bit different for each state. Incidentally, social services does NOT reaaly know all medicaid guidelines because it isn't their program. Meanwhile, you could have reapplied for medicaid when the job ended and you would have received them again based on your income.

So while I understand not wanting to be on welfare and wanting to earn your own way, you were never without insurance, you were just going to without medicaid while your medicare remained intact. Also, unless you earned your bachelor's in psychology on line, whatever school you attended likely had a department to help you find a job and possibly required you to complete and internship to graduate.

I'm really not trying to be mean here, but based on what I've just said above, that's why no one is really helping you. You are trying to change the law which in this case can not be done through a lawsuit because there is no case. No negligence, no violations of rights or laws, no case. I also think you haven't communicated your problem very well to the people you sought help from. I didn't post until you provided more info because your quest in the OP made no sense.

So my suggestion would be for you to more clearly understand your situation before going to anyone else looking for their assistance.

(in reply to TheHeretic)
Profile   Post #: 19
RE: Help Needed - 1/19/2014 10:46:00 AM   
ahorman


Posts: 16
Joined: 3/16/2012
Status: offline

quote:

ORIGINAL: LafayetteLady

OP, I'm a bit confused here, you initially received Social Security benefits based on "survivor" status, which means you received benefits as a minor with a deceased parent. Then it was you who was determind to be disab led, and you receive SSD because you are a quadrapalegic (you mention here and in your profile not having the use of your hands ).

You state that you did begin a job through Social Security's ticket to work program. You SSD payment is low enough for you to qualify to also receive Medicaid and other benefits from Social Services, like food stamps.

So given all those facts you state: the ticket to work people didn't properly explain how the program will effect any benifits you receive from social services. Benefits from social security and social services are two entirely different programs that, while they often both can be available to disabled people, have two completely different sets of rules.

You receive SSD, and appently have received it for more than two years, so you receive (and are required to take) mediCARE, which is completely different than mediCAID. So you were never losing your health insurance, just losing the medicaid that you had with your medicare. You also were not told that you would be losing any income benefits through social services, because they didn't provide any, your income comes from social security disabiity benefits which are not administered by social services.

Each state administers medicaid individually, so the guidelines may be a bit different for each state. Incidentally, social services does NOT reaaly know all medicaid guidelines because it isn't their program. Meanwhile, you could have reapplied for medicaid when the job ended and you would have received them again based on your income.

So while I understand not wanting to be on welfare and wanting to earn your own way, you were never without insurance, you were just going to without medicaid while your medicare remained intact. Also, unless you earned your bachelor's in psychology on line, whatever school you attended likely had a department to help you find a job and possibly required you to complete and internship to graduate.

I'm really not trying to be mean here, but based on what I've just said above, that's why no one is really helping you. You are trying to change the law which in this case can not be done through a lawsuit because there is no case. No negligence, no violations of rights or laws, no case. I also think you haven't communicated your problem very well to the people you sought help from. I didn't post until you provided more info because your quest in the OP made no sense.

So my suggestion would be for you to more clearly understand your situation before going to anyone else looking for their assistance.


I do understand the difference, just maybe did not explain as well. Medicaid covers my medicare premiums, my wheelchair and repair, assistance with cleaning, etc. Because I make so little in SSD without the medicaid I cannot afford medicare, it is not free to me. out of 764/mo [772 with the new year] they'd take 250-300, so, without medicade I cannot keep medicare. I do not seek lawsuit, I called a lawyer for direction. So, I do understand the difference, but they are interrelated in this case despite being different programs.

(in reply to LafayetteLady)
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