SSDI: is social security disability grounds for LTC denial?

[Corncob]

Is SSDI or social security disability grounds for a LTC denial? (Massachusetts)

If many years ago a person checked themselves into a mental health facility and subsequently is now receiving SSDI for a mental condition - is that a disqualification?

If a person is unable to earn SGA (substantial gainful activity - $980/month) due to fatigue they may quality for SSDI.

Could a chief deny a person if they are on psychiatric medication?

Would a person in such a predicament need a letter from a physician?

If denied, can this be fought in district court?

Keep in mind the person in question has never been involuntarily committed.

 

[ztargetshooter]

I'm sure a mental patient on meds could be denied. In fact, I would hope so. If someone is mentally unable to handle the responsibility of working a job to survive, why would anyone think they would be able to handle the responsibility of owning firearm?

Is SSDI or social security disability grounds for a LTC denial? (Massachusetts)

If many years ago a person checked themselves into a mental health facility and subsequently is now receiving SSDI for a mental condition - is that a disqualification?

If a person is unable to earn SGA (substantial gainful activity - $980/month) due to fatigue they may quality for SSDI.

Could a chief deny a person if they are on psychiatric medication?

Would a person in such a predicament need a letter from a physician?

If denied, can this be fought in district court?

Keep in mind the person in question has never been involuntarily committed.

 

[Spanz]

I suppose there could be some unique case where a person on mental disability was eligible for an LTC, but I can not think of one. Having perfrect judgement and a grasp of the facts/reality are pretty central to being able to use a firearm. It would seem that continued disability payments are proof that you are not cured, and therefore not in full control of your reasoning abilities.

 

[joehaus]

You shouldn't be denied. Unless there is more you are not telling us. But simply being on psych meds isn't a disqualifier. There are lots of people taking psych meds that have LTC's.

From CH140, SEC 131

(ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;

(iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant's history of treatment and that in such physician's opinion the applicant is deemed cured;

Everyone has a right to self defense.

 

[joehaus]

I suppose there could be some unique case where a person on mental disability was eligible for an LTC, but I can not think of one. Having perfrect judgement and a grasp of the facts/reality are pretty central to being able to use a firearm. It would seem that continued disability payments are proof that you are not cured, and therefore not in full control of your reasoning abilities.

Where in the law does it say the person must be free from mental disability?

 

[MassMark]

I'm sure a mental patient on meds could be denied. In fact, I would hope so. If someone is mentally unable to handle the responsibility of working a job to survive, why would anyone think they would be able to handle the responsibility of owning firearm?

I think you'll find me a pretty fair person. I don't go out of my way to ruffle feathers or attack people for their grammar. I believe everyone is entitled to their opinion, (even if it's wrong). In this case however, I could not let this statement pass away into the cellar without highlighting what a crock of crap it truly is....I don't neg-rep either, but if I did, this statement would be truly deserving of a -29.

Please read the Declaration of Independence, Constitution, (and all amendments) and the Bill of Rights. Do a little soul searching about your definition of freedom and liberty - with a side trip to mental health definitions, treatments and conditions and then get back to us. If your opinion has not changed, I will accept that your position in life is to be on the fringe of the sheep munching in the green meadow of who is suitable....

 

[Rob Boudrie]

If many years ago a person checked themselves into a mental health facility and subsequently is now receiving SSDI for a mental condition - is that a disqualification?

If you were *involuntarily* confined it's a lifetime disqualifier at the federal level which not even a presidential pardon can erase. it is was not involuntary, the answer is partially covered in post #4 - with the additional standard comments regarding chief's discretion and suitability.

 

[qmmo]

I think you'll find me a pretty fair person. I don't go out of my way to ruffle feathers or attack people for their grammar. I believe everyone is entitled to their opinion, (even if it's wrong). In this case however, I could not let this statement pass away into the cellar without highlighting what a crock of crap it truly is....I don't neg-rep either, but if I did, this statement would be truly deserving of a -29.

Please read the Declaration of Independence, Constitution, (and all amendments) and the Bill of Rights. Do a little soul searching about your definition of freedom and liberty - with a side trip to mental health definitions, treatments and conditions and then get back to us. If your opinion has not changed, I will accept that your position in life is to be on the fringe of the sheep munching in the green meadow of who is suitable....

This....plus a hundred other reasons, i.e.: a lot of folks take meds for stress related things - they didn't even know they had a stress problem as mentally they manage things just fine, but their body caved in phyically. Another example - there are a lot of folks out there with stress induced heart disease whose life depends on those meds. Sometimes you have to think outside the box.

 

[Len-2A Training]

ANYTHING that the local chief becomes aware of can be used as a reason for denial under the guise of "suitability"!! That's the legal answer.

There is NO NEED legally in MA to tell a chief where your income comes from, how much you make, whether you are on SSDI, SSI, AFDC (not sure I have this acronym correct), etc. If one VOLUNTEERS info (that is NOT required by law . . . answer all questions on the application honestly, but don't volunteer additional info) that can be used against them, they may well bring problems on themselves.

 

[Bill Nance]

There is NO NEED legally in MA to tell a chief where your income comes from, how much you make, whether you are on SSDI, SSI, AFDC (not sure I have this acronym correct), etc. If one VOLUNTEERS info (that is NOT required by law . .

This

The best advice I have ever been given in regards to any dealings with government:

"DON'T ANSWER THE QUESTIONS THEY HAVEN'T ASKED!"