My wife has been receiving SSDI for over 20 years for visual impairment. Her benefits have recently been terminated.

Question

She was born with degenerative conditions (aniridia and glaucoma).  Her eyesight has gradually gotten worse since she began collecting disability, but she's being told she is no longer disabled based on her recent medical records.  She doesn't meet SS's definition of blindness (her worse eye went from 20/400 to counting fingers at 12 inches, her good eye has a prosthetic cornea and fluctuates between 20/100 and 20/150 due to frequent inflammation from having a titanium disc sewn to her eye) she is able to work part time at walmart folding shirts, but misses time frequently because of her condition.  She has to be seen at Wills Eye Hospital about once every two months when she's stable, sometimes several times a week when she's having problems.  Her case is currently being appealed, but if denied again, does she have any more options?

James L. Arrasmith · Answer

I understand this is a challenging situation for your wife. Here are some potential options and information that may be helpful: 
 
1. Continue the appeal process: 
   - If the current appeal is denied, she can request a hearing before an Administrative Law Judge (ALJ). 
   - If denied by the ALJ, she can request a review by the Appeals Council. 
   - If still denied, she can file a lawsuit in federal court. 
 
2. Seek legal representation: 
   - Consider hiring a disability attorney or advocate experienced in SSDI cases. 
   - Many work on a contingency basis, only getting paid if they win the case. 
 
3. Gather additional medical evidence: 
   - Obtain detailed statements from her treating physicians, especially from Wills Eye Hospital. 
   - These should explain how her condition limits her ability to work full-time. 
 
4. Document work limitations: 
   - Keep a detailed log of missed work days and reasons related to her condition. 
   - Get statements from her employer about accommodations made and limitations observed. 
 
5. Explore other programs: 
   - Look into state-specific disability programs in New Jersey or Delaware. 
   - Check eligibility for Supplemental Security Income (SSI) if finances are limited. 
 
6. Vocational rehabilitation: 
   - Consider working with a vocational rehabilitation counselor to explore job options that accommodate her visual impairment. 
 
7. Reapply with new evidence: 
   - If all appeals are exhausted, she can reapply with new medical evidence showing worsening of her condition. 
 
Remember, the key is to demonstrate how her medical condition prevents her from engaging in substantial gainful activity on a consistent basis.

Q: My wife has been receiving SSDI for over 20 years for visual impairment. Her benefits have recently been terminated.