My friend, Anita Bishop, has Lupus. Social Security denied her application claiming there was no support evidence, and ignored Anita's medical records documenting the disease. Her medical records contained proof of her Lupus both by test results and overwhelming evidence of other symptoms indicating Lupus, plus at least 5 other serious health problems. My friend will die from this disease, and stress substantially aggravates her medical condition. Because she cannot get social security to pay her benefits for which she is entitled, and cannot get medicare to seek appropriate medical help due to the fraudulent, wrongful denial of her application, it causes financial stress making her sicker by the day. Social Security is killing my friend by fraudulent and wrongfully denying benefits.
The Social Security Administration denied Anita's application in May 2011, claiming she had no proof of Lupus ignoring a test they have in their file confirming the diagnosis. Anita did not understand that she needed to file a lawsuit in federal court because Lupus has affected her brain and her eyesight, and her lawyer had died the year before. Social Security is cheating Anita out of benefits because they don't want to pay the back pay. Sicne the denial of her benefits happened more than 5 years after she last worked, she is no longer entitled to Disability, she may only receive Supplemental Income which is the equivalent of welfare. Specifically, the statute requires that an applicant above the age of 31 must have worked twenty of the previous forty quarters (i.e., five of the last ten years) to qualify for SSDI ("the 20/40 Rule"). 42 U.S.C. § 423(c)(1); 20 C.F.R. § 404.130(b). Because Anita, who is over the age of 31 has not worked since 2004, she no longer qualifies for SSDI.
Anita paid into the system and should be able to get out of it. Texas has the worst record in the U.S. for denying claims. Social Security Disability committed fraud in denying her claim because they didn't want to pay 8 years of back pay, plus they knew Anita's lawyer had died the year before and effectively denied Anita her Due Process Rights. This is fundamentally unfair, and under the rules, Anita is at the mercy of social security and the only help available would be Social Security Supplemental Income (tantamount to Welfare) rather than Disability for which she put into the system.
Our government should not be allowed to cheat people out of benefits for which they paid and Texas should be investigatged to determine how they handle disability claims and why they have the worse record in the country for denying claims. Social Security has the nerve to call it an entitlement program when you and your employer pay 15.3% in FICA into the system. This is not an entitlement. Welfare is an entitlement program.
Antia should be given her back benefits from 2004 until the granting of her application. The denial was made solely for the purpose of avoiding paying benefits.
Please support her cause. Thank you