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The incoherency of the technicality of law

  • Author Author King_Oni
  • Create date Create date
  • Blog entry read time Blog entry read time 6 min read
It?s been a while since I blogged here... relatively speaking.

Recently I touched about a subject here and there about my personal situation. I?m well aware that this situation will probably not count for the majority of the users here, since it deals with Dutch regulations and laws and not US/Canadian/Australian or whatever time zone you wake up to. Oh? excuse me, Germany is the same time zone, different laws. Let?s dumb it down to geographic location.

But? no need in blogging if I?m rambling non-sensical stuff I guess? so? onto the burning issue at hand.

Recently I filed for disability benefits as well as additional financial aid to hire a social worker to help me take care of things. Those are things the government here has set up, so all in all, I guess that?s a good thing.

The less ?good? thing about it is the regulations that apply go get such this granted. I can fully understand some people might be questionable cases and some people should just not get those services since they don?t need those.

So for everyone curious; I was denied both requests. Yes? both. I do have extensive stories about both, and I?m going to share those with you.



First; the disability benefits deal

Let?s preface this by stating that I?m currently unemployed, receiving unemployment benefits, which are 50% of minimum wage. Currently I can manage fine. I can pay my bills, I have money left to do things I like and in general I could? I could? save. Not much, but I could. And actually I should. I still live with my parents and as such financially speaking I?m not in a danger zone that much. But as I actually want to move out and get my own life together. Have a bit more space of my own since my 10 by 14 foot bedroom (or something along those lines) can only hold so much stuff. I don?t have room for a sewing machine, I don?t have a couch around and stuff is starting to get all crammed up. Chaos is quite common for people with ADHD, it?s a problem if you?re impulsive, but in order to do something you have to move stuff around first. By the time I?m done, I have no motivation. So, in short; unemployment benefits, I want to move out, can be done, long road. Disability however is about 75% and will grant me some more money to save? shortens the road a bit. And let?s not forget that if you?re on disability you get compensation for therapists and all, training if needed, guidance, all those things, on unemployment, you get? erm? none of those, since you?re just one of the many who apparently is looking for a job.

Now, the reason I got denied? that?s where it gets technical with laws and all. Since the start of this year the government instated a new law saying; If you file for disability, but ever were able to earn 75% of the minimum wage for 6 months or more? IN YOUR LIFE? exactly? in your entire life, then you?re off. The thing is; there are 4 groups of people on benefits here in general.

  1. People who are unemployed
  2. People who have their pensions and as such are too old to work
  3. People who are disabled due to jobs they had? so, people who are currently under contract and unable to work. They key is that at the moment you were sick, you were paying ?Employment insurance? (meaning you?re covered financially if you?re on sick leave for extended periods)
  4. People who are disabled; but only if it?s a disability that?s been around from when you were younger than 18.

Technically I?m number 4 (by last year?s regulation). But since I held a job once?. Regardless of what my personal situation back then was, I was denied. So the entire deal that I was seeing a therapist because of my job back then, that the economy was better, it was a summer job and all. Those factors are nullified. When asking the people at social services what I should?ve done then? ?Should?ve quit your job?. Well, technically I had no diagnosis, so I had no legal ground to plea why this job didn?t work. If I quit my job I get no unemployment checks, since? I quit myself. That?s where rules and regulations get silly? not because they?re illogical. They?re logical, just largely incoherent when used as a whole. That?s what you get if you let people create laws in a vacuum.

I have a few interesting scenario?s for people who fall under the same grey area as me. Here?s one;

A girl, 19 years old and is in school. At a random night, she gets assaulted. As a result she develops Post traumatic stress disorder.

She will be a number 1. case. Because; her issue was after she was 18 and most of all, she didn?t hold a job and as such didn?t pay those insurance fees. That?s how the cookie apparently crumbles.

In general I?m not worried in the sense that I know that I can get discounts on taxes and all if you?re unemployed, so financially it?s not really a big deal. However; a few things come to mind with rules on unemployment benefits.

  • Even if I wanted to, I could never move in with my girlfriend unless she makes so much money that she can support herself and me easily. Every penny she makes when she lives with me, I get deducted, so technically when she?d live with me, we?d still have a combined unemployment check.
  • If you?re on disability you can get rid of student loans because? well, you weren?t fit to be in school apparently. If you?re unemployed? ?Nothing wrong? with you. Technically it?s more than just a matter of more money? it?s a category that grants different things as well. No wonder people are eager to be filed as disabled instead.

The upside however is; I had an appointment with a doctor this week. We went through medical issues, and he pretty much told me. ?Even though you?re not on disability by law, I can see you can?t hold a job currently. So chances are they won?t write you off as a normal case.? He was going to write a report as such.

What that means is that I pretty much have the same ?luxuries? as someone on disability? bar a few extra bucks. And? maybe that?s the big thing; No one will force me to try out numerous therapies, since? I can?t afford those. Disability benefits pay those for you? I? would have to pay them myself.



Second; the additional services

I was denied because there was no proof yet that my issues are of a persistent and long term nature.

Hm? interesting; I got my diagnosis earlier this year, and I?m at an age where I have things to take care of. To prove that I can?t handle my daily things, I have to mess up, get in debt and other legal troubles for them to even consider that I might need service. That?s an interesting train of thought. I mean; I?m not 18 where I don?t have a lot of things going on. I?m already paying of a loan, I have plans to live on my own, I already went the route of employment.

Additionally they added that ?because you haven?t tried therapy which presumably failed, we cannot grant you anything?. I?m all up for therapy? if I could afford it. Let?s see if this works. One of the reasons I wanted these services is so that I could actually see if I could get support here and there without getting into financially deep water. Seems that I have to get in deep before I even get support in the future.

A phoenix can rise? once.


With this situation actually going on; I do want to refer to an earlier blog I wrote about the idea of mandatory testing (found here). At least that way you can set up people properly and ON TIME with services they need. Now it looks like they want you to mess up, just so they, by technicality of law, can exlude you from services.

Am I worried about my situation now? No, not really? until they mess up and change laws even worse than they are now? but with my situation now, I?m content. I know what I can?t get, I know what my rights are in that respect, and so I?m fine with it. At least I can close this chapter and get on with my life. Sealing off a few loose ends, so they won?t bother me in the long run and they can? like Bender would say ?kiss my shiny metal ass?? and I?d even put a chrome finish on it, just for that.

Comments

The law is not really interpreted in favour of you. You must be feeling disappointed. So it seems to me that you have a serious condition that inhibits you from working, and you really need services, but your country doesn't got enough provisions to give you more support that you need.

I wish the doctor can perhaps write a report to convince the doctors that your case is genuine, and eventually, you'll get benefits and services that you'll need.
 
Geordie;bt1089 said:
The law is not really interpreted in favour of you. You must be feeling disappointed. So it seems to me that you have a serious condition that inhibits you from working, and you really need services, but your country doesn't got enough provisions to give you more support that you need.

I wish the doctor can perhaps write a report to convince the doctors that your case is genuine, and eventually, you'll get benefits and services that you'll need.

That's for the response Geordie.

Let's put it this way... the fact that I can assess this legal situation and name what's wrong with it, clearly says something about both me and the situation of legality.

I don't feel that dissapointed... that sour taste will come if things are being changed around again... let's hope I won't experience too much troubles with that.
 
How many times have you been denied? Here in the US it is an average of 5 times before you win.
 
Nolan1971;bt1192 said:
How many times have you been denied? Here in the US it is an average of 5 times before you win.

Since I've officially been diagnosed january 2012 it's my first time.

I believe that over here you cannot apply over and over again with the same diagnosis/report. So unless I visit a therapist and they conclude there's more, my application will probably get binned. Besides that I don't have money for more therapists either.

I got the report in today and legally they're right. Each time I'll file, they'll use the same legal argument probably.

The problem isn't that I'm denied as such, the problem lies in how the laws and refulations operate. And that's something the doctors who review my case can't change, they follow rules.

I'm however planning on sending a report of sorts to the government since this new system they implemented isn't totally correct. And since I have seen how it works (and understand a fair part of the laws) I feel I can point it out quite accurate.
 

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King_Oni
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6 min read
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