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Author Topic: question about soc sec appeals  (Read 491 times)

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Offline 2tcells

  • Member
  • Posts: 131
question about soc sec appeals
« on: February 04, 2015, 05:03:39 PM »
im on soc sec now I have a review coming up if they decide im not disabled anymore and I appeal I still get paid during the appeal right?

if that's right what happens if they still decide im not disabled do I have to pay the money I got back during the appeal process?

one more question how do I pay the lawyer if I win? because there would be no back pay?
7-4-13 diagnosed cd4- 2      vl-220,600
8-3-13                     cd4- 4      vl- 448
9-3-13                     cd4- 40    vl- ud
11-3-13                   cd4- 54    vl-ud
1-9-14                     cd4- 62    vl- 43
4-3-14                     cd4- 110  vl-ud yay!
8-5-14                     cd4- 95    vl-ud boo
9-23-14                   cd4- 97    vl-ud
1-22-15                   cd4- 156  vl-ud

Offline tednlou2

  • Member
  • Posts: 5,237
Re: question about soc sec appeals
« Reply #1 on: February 04, 2015, 05:29:42 PM »
From their website: 

We will send you a letter telling you that we are conducting a review. Soon after that, someone from
your local Social Security office will contact you to explain the review process and your appeal rights. The Social Security representative will ask you to provide information about your medical treatment and any work that you may have done.
A team consisting of a disability examiner and a doctor will review your file and request your medical reports. You may be asked to have a special examination. We will pay for the examination and some of your transportation costs.
When a decision is made, we will send you a letter. If we decide that you still are disabled, your benefits will continue.
If we decide you no longer are disabled and you disagree, you can file an appeal. If you decide not to appeal the decision, your benefits will stop three months after we decide that your disability ended.

http://www.ssa.gov/pubs/EN-05-10153.pdf


Offline tednlou2

  • Member
  • Posts: 5,237
Re: question about soc sec appeals
« Reply #2 on: February 04, 2015, 05:36:06 PM »
I found this interesting about the review process.  How long did it take them to do your review? 


Medical improvement expected—if your condition
is expected to improve within a specific time, your first review will be six to 18 months after you started getting disability benefits.
• Improvement possible—if improvement in your medical condition is possible, your case will be reviewed about every three years.
• Improvement not expected—if your medical condition is unlikely to improve, your case will be reviewed only about once every five to seven years.

I've know many people (including family) who had flimsy medical documentation and they all kept their benefits.  Having said that, I did read where the funds that pay for SSDI will run out next year and cuts to benefit amounts will need to be made, if something isn't done.  The repubs are causing this, which is unnecessary.  Obama said NO DEAL in his latest budget, though.  I mention that, because this could cause them to attempt to get more people off.  Not sure there is any evidence of that. 


Offline mitch777

  • Member
  • Posts: 3,941
Re: question about soc sec appeals
« Reply #3 on: February 04, 2015, 05:47:09 PM »
He said his review was coming up Ted. You gave him great information regarding his first two questions. :)

As for how to pay the lawyer? hmmm... I am curious myself what limits are placed on their fee if any in a review process. Hopefully someone else here has experience with that part of it.

I wish you the best 2T as I am in the midst of dealing with the system myself.
32 years hiv+ (oct. 2013) with a curtsy.

Offline 2tcells

  • Member
  • Posts: 131
Re: question about soc sec appeals
« Reply #4 on: February 04, 2015, 09:32:17 PM »
the city soc sec dept has talked to me every other year since I moved to north las vegas the 7 years before that in las vegas no one ever talked to me. the city only talks to me about my assets and living situation. this new review is from carson city the capital of Nevada. I have never had a review from them. they want a mental exam. my id doctor says im disabled from that but that's not why I was put on disability and they wont take that into consideration I would have to be kicked off and reapply for that reason (dumb). and I am also being reviewed by the city I just found out today also weird but im not worried about it because I havnt worked and my living situation hasn't changed.

about the lawyer fees it is the same for any lawyer 25% of your back pay or $6000 whichever is less, that's why they want cases where you have already been denied because your back pay will be adding up for awhile. if I don't get back pay because im suppose to get payed during my appeal they probably wont take my case or I don't know how it works.   
7-4-13 diagnosed cd4- 2      vl-220,600
8-3-13                     cd4- 4      vl- 448
9-3-13                     cd4- 40    vl- ud
11-3-13                   cd4- 54    vl-ud
1-9-14                     cd4- 62    vl- 43
4-3-14                     cd4- 110  vl-ud yay!
8-5-14                     cd4- 95    vl-ud boo
9-23-14                   cd4- 97    vl-ud
1-22-15                   cd4- 156  vl-ud

Offline 2tcells

  • Member
  • Posts: 131
Re: question about soc sec appeals
« Reply #5 on: February 04, 2015, 09:33:54 PM »
and I have been on ssdi for 12 years
7-4-13 diagnosed cd4- 2      vl-220,600
8-3-13                     cd4- 4      vl- 448
9-3-13                     cd4- 40    vl- ud
11-3-13                   cd4- 54    vl-ud
1-9-14                     cd4- 62    vl- 43
4-3-14                     cd4- 110  vl-ud yay!
8-5-14                     cd4- 95    vl-ud boo
9-23-14                   cd4- 97    vl-ud
1-22-15                   cd4- 156  vl-ud

Online BT65

  • Global Moderator
  • Member
  • Posts: 10,308
Re: question about soc sec appeals
« Reply #6 on: February 07, 2015, 10:54:11 AM »
I started receiving SSDI in 1994, and have only been reviewed one time, a couple years ago.  And it was triggered because I was working part time.  It was a whole fiasco because I had gone off disability for a few months (decided to try working full time).  Anyway, what I did is contact the government.  I called my senator and congress person, when I was being reviewed.  I also (people think I'm nuts) e-mailed the White House.  What happened?  Well, a man in the administrative offices in Baltimore contacted me, twice.  Because someone at the White House got a hold of him.

Anyway, my point is, if you are fearful because of this, and who isn't?, contact your government representatives.  They can intervene and SS usually pays attention when government officials contact them.  As for the lawyer part, I didn't know lawyers handle disability reviews. 

Betty
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline 2tcells

  • Member
  • Posts: 131
Re: question about soc sec appeals
« Reply #7 on: March 12, 2015, 09:35:04 PM »
update:

the city review was just as I thought it was no problem I just said everythings the same and they said ok and that was that.

the other review was a long interview, lots of questions about my life and what I do all day. they had me do some drawings some memory test and I thought I did good at them so I didn't know if they would kick me off because I could draw and remember stuff. the lady was very nice I tried to explain to her why I have a hard time being around people and how bad I deal with stress of social stuff, she said she understood but I didn't think she really understood how it is for me.

so I wasn't very hopeful I would be approved I thought they must be trying to get me off if there doing all this and the person up in carson wouldn't understand from reading about me on paper. anyways great news for me is I got the letter today saying im still disabled for another 3 years so im not going to be homeless lol.

it took a few months from start to finish but seemed much longer to me glade its all over next time wont be so stressful I think
7-4-13 diagnosed cd4- 2      vl-220,600
8-3-13                     cd4- 4      vl- 448
9-3-13                     cd4- 40    vl- ud
11-3-13                   cd4- 54    vl-ud
1-9-14                     cd4- 62    vl- 43
4-3-14                     cd4- 110  vl-ud yay!
8-5-14                     cd4- 95    vl-ud boo
9-23-14                   cd4- 97    vl-ud
1-22-15                   cd4- 156  vl-ud

 


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