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Author Topic: ssdi appeal question...  (Read 8001 times)

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Offline britchick

  • Member
  • Posts: 386
Re: ssdi appeal question...
« Reply #50 on: August 16, 2013, 10:32:27 AM »
mitch777

Im so glad that you are getting the assistance from your doctor re SSDI.I know its a long ,painful process, but you didn't give up ..so well done !

britchickx

Offline mitch777

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Re: ssdi appeal question...
« Reply #51 on: August 16, 2013, 10:34:31 AM »
Thanks Betty and Darry,

I applied originally in May 2012, turned down in September and appealed, turned down again in March 2013. Filed the appeal to the ALJ in May. The waiting list at the time was approx. 12-13 months so my guess is that I will still be waiting until June or July of 2014.
I think I will get approved but hope the judge doesn't come back with an offer to reduce the back pay. I've heard they do that sometimes. Seems unfair to say "I'll grant your disability if you agree to forget about your back pay". I feel that I've been disabled years prior to even applying. (nobody to blame but me for that I guess)

And Greg and Jeff...
LOL. Never felt better about failing a test. :)
Ya, it's been a long trip down this road and the waiting gets discouraging. I've come to realize the system is designed to weed out people along the way. Just too bad that those who need it get poked with the cattle prod along the way.

Britchick,
Thanks! I'm still not approved but the support along the way means a lot! :)

m.

(I started typing this while all of your replies were still pouring in. Hard to keep up with you all! lol.)
31 years hiv+ (oct. 2013) with a curtsy.

Offline weasel

  • Member
  • Posts: 1,588
Re: ssdi appeal question...
« Reply #52 on: September 20, 2013, 02:25:43 PM »

    Hey Mitch ,
                      I hope the SS Dept. does not do to you what they did
   to me !

     I waited over two years to see a Judge , My lawyer worked with me and  The V.A. Doctors were very helpful knowing all of my issues .
 In the end it turns out it was almost like they wanted me to so broke that I would BEG them for me SSDI .
   I was told :  "  Give up all back pay or face the Judge and one  wrong word and you are done !  "
   I sat there and cried . There was no option , I do not Gamble ! And that was
 a hard thing to hear from my lawyer . In the long run I did right , I went as long as I could before applying for SSDI  and IF I had waited any longer would have been in a pickle  :-[
  I have a few tips I will share next time we talk  ;)

                                      Weasel 
" Live and let Live "

Offline mitch777

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Re: ssdi appeal question...
« Reply #53 on: September 20, 2013, 02:43:11 PM »
    Hey Mitch ,
                      I hope the SS Dept. does not do to you what they did
   to me !

     I waited over two years to see a Judge , My lawyer worked with me and  The V.A. Doctors were very helpful knowing all of my issues .
 In the end it turns out it was almost like they wanted me to so broke that I would BEG them for me SSDI .
   I was told :  "  Give up all back pay or face the Judge and one  wrong word and you are done !  "
   I sat there and cried . There was no option , I do not Gamble ! And that was
 a hard thing to hear from my lawyer . In the long run I did right , I went as long as I could before applying for SSDI  and IF I had waited any longer would have been in a pickle  :-[
  I have a few tips I will share next time we talk  ;)

                                      Weasel

yup. It's been a long haul. I'm going to be pissed if they try to pull that "give up your back pay" crap. I would like to hear from others that had that happen and how they made out... or not.
Wonder what options you really have if that is presented.
31 years hiv+ (oct. 2013) with a curtsy.

Offline weasel

  • Member
  • Posts: 1,588
Re: ssdi appeal question...
« Reply #54 on: September 20, 2013, 06:22:21 PM »


  "  Wonder what options you really have if that is presented. "

    None in Missouri !   

                                             Best of luck in being Non-functioning  :)


                                                      Weasel

 
" Live and let Live "

Offline wolfter

  • Member
  • Posts: 4,020
Re: ssdi appeal question...
« Reply #55 on: September 20, 2013, 07:37:03 PM »
I thought it was automatic that once approved, they pay from the date you applied.  I was determined to have been disabled a year sooner than when I applied, but they only used the application date as to back pay.
Judging someone does not define them, it defines you. 

True peace is not merely the absence of war, it is the presence of justice.

Offline Miss Philicia

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  • Posts: 23,556
  • celebrity poster, faker & poser
Re: ssdi appeal question...
« Reply #56 on: September 20, 2013, 07:54:39 PM »
No, mine was retroactive to the date I was determined to be disabled -- so something like 11 months extra. IIRC there is a limit on how far back they will pay but can't remember what it was, maybe 15 months (?)
"Iíve slept with enough men to know that Iím not gay"

Offline mitch777

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Re: ssdi appeal question...
« Reply #57 on: September 20, 2013, 08:17:26 PM »
I have heard from research on a disability site (not a government site) that many people are faced with this predicament.

I did not apply for SSDI for years after I felt I was disabled. My mistake. It would be sad if they offered me such "a deal". If I felt I was capable I wouldn't have applied. End of story.
31 years hiv+ (oct. 2013) with a curtsy.

Offline weasel

  • Member
  • Posts: 1,588
Re: ssdi appeal question...
« Reply #58 on: September 20, 2013, 08:49:21 PM »
I have heard from research on a disability site (not a government site) that many people are faced with this predicament.

I did not apply for SSDI for years after I felt I was disabled. My mistake. It would be sad if they offered me such "a deal". If I felt I was capable I wouldn't have applied. End of story.

    I also waited a long time , it was a hard decision  to make . The hardest thing I ever did ! 

    Bob was lucky , in that they gave him a full two year back payment .  I really thought the  condition
   of his health was what made them not want to cause another heart attack .
     On the other hand me having an AIDS diagnoses helped but not enough .

                                                                              Weasel
" Live and let Live "

Offline BT65

  • Global Moderator
  • Member
  • Posts: 9,618
  • Diagnosed + 1989
Re: ssdi appeal question...
« Reply #59 on: September 21, 2013, 04:42:12 AM »
This link touches on back pay:


http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/151/session/L3RpbWUvMTM3OTc1MjUyNS9zaWQvdzFra3JTQWw%3D


I had a weird situation with disability.  When my daughter's father died, she received survivor's benefits.   Her check was really low as her father hardly every worked.  Then one day, all of a sudden, I got a letter about her payment going up a substantial amount, and the father's name listed on the letter was not correct.  The last name was the same, but not the first.  So, I contacted SSA and told them it was not right.  The rep I talked to insisted it was correct.  So, we just let it go. 

So, when I was approved for disability, I got a letter from SSA stating that the back pay I would have received would be used to pay back SSA from when my daughter was receiving survivor's benefits.  They stated she was overpaid.  Now, that is just typical stuff when dealing with SSA, unfortunately.
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline mitch777

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Re: ssdi appeal question...
« Reply #60 on: September 22, 2013, 05:26:20 PM »
I guess I just don't understand the mentality (yes, I know, government paper pushers ::).) that a Judge would make someone forfit back-payments if a person is declared disabled at the time of a hearing. Maybe not enough "proof" of disability if evidence mounts up along the legal journey?

I would like to hear from J.R. on this topic in more detail. Specifically, what can I do if presented with this option. Finding something online about this has not been easy. 

I hope my detailed path through this process with the help of the many people who have posted here will be a learning tool for others.

Just trying to understand it all and get my ducks in a row.

By the looks of things, with over 5000 views so far on this thread, disability questions and answers are in the minds of many.
« Last Edit: September 22, 2013, 05:37:45 PM by mitch777 »
31 years hiv+ (oct. 2013) with a curtsy.

Offline BT65

  • Global Moderator
  • Member
  • Posts: 9,618
  • Diagnosed + 1989
Re: ssdi appeal question...
« Reply #61 on: September 22, 2013, 05:36:53 PM »
There is no understanding SSA, Mitch.  I'm being reviewed right now because I work part time and have been told I could be cut off from SSDI and have to pay back all the pay since last November.  All because last November I went over SGA by $24.   :o  BTW, the $24 over was because of being paid for a holiday.


Good luck with all this.  Hopefully JR will tune in soon.
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline mitch777

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Re: ssdi appeal question...
« Reply #62 on: September 22, 2013, 05:42:10 PM »
There is no understanding SSA, Mitch.  I'm being reviewed right now because I work part time and have been told I could be cut off from SSDI and have to pay back all the pay since last November.  All because last November I went over SGA by $24.   :o  BTW, the $24 over was because of being paid for a holiday.


Good luck with all this.  Hopefully JR will tune in soon.

Thanks Betty but I refuse to stop trying to understand the system. Very sorry to hear of your mess! I wish you could just send them a check for $24 and stop the madness. :(

You are scamming the system. Shame on you.  ;D
31 years hiv+ (oct. 2013) with a curtsy.

Offline BT65

  • Global Moderator
  • Member
  • Posts: 9,618
  • Diagnosed + 1989
Re: ssdi appeal question...
« Reply #63 on: September 23, 2013, 07:07:33 AM »
Thanks Betty but I refuse to stop trying to understand the system.

Well, good luck.  Just when I think I've gotten SSA's "rules" down, something changes.  I believe they put out a new online "Redbook," (I think that's what it's called) every year.  But, when you get right down to it, it's someone's decision that matters.  So, I would imagine it would depend on the person, their preference, mood, etc. 

I had actually never heard of having to forfeit back pay in order to get disability.  That's a new one.
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline mikejh

  • Member
  • Posts: 31
Re: ssdi appeal question...
« Reply #64 on: September 25, 2013, 05:20:39 PM »
It seems so hard to apply for SSDI around the country. I live in NYC and here if you are diagnosed with aids you can go to HASA and you will be assigned a case worker. If you are unable to work due to disability the case worker send you to apply for SSDI and you can do that in the same office as they are. I was sent there in 2009 and did not even have to fill out the massive paper work that I got from GMHC the lady just asked a round of questions since my personal info was in the system it took 15 minutes. Then I went back to my case worker and she said I will get a letter from Social security. After 4 months I got a letter to see there physicians and went to the appointment with reports and test results that I had picked up from my specialists a total of 7 different physicians. I also took my Meds 18 different and went to my appointment. Social security's physician just looked at me when I gave him the list of my doctors and medications and shakedown his head. I sat there with all notes and test results and the bag with my Meds and he told me to leave. 2 weeks later I got a letter that I was approved.
 I have a lot of issues and have been sent for all kinds of tests and second opinions from my primary doctor and also the fact that he told me to bring all notes and test results to my appointment was to much for that young SSDI doctor so he did not know what to do with all information.

CD4   %
22 Sep 06   37     5  Started Atripla
5   Oct 06   82     9
1   Dec 06  258   13
25 Jan  07  263   14
1   May 07  403   18
6   Aug 07  438   22
7   Nov 07  417   19
30 jan   08  310   19
7   May  08  285   20
6   Aug  08  472   27
12  Nov 08  444   26
11  Feb  09 335    19
10  May  09  460  25

Offline mitch777

  • Member
  • Posts: 3,026
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Re: ssdi appeal question...
« Reply #65 on: September 25, 2013, 05:32:17 PM »
Thanks for the post Mike.

An AIDS diagnosis seems to help and NY seems more understanding in many ways as far as SSDI is concerned.

btw, your numbers are looking good! :)

m.
31 years hiv+ (oct. 2013) with a curtsy.

Offline mikejh

  • Member
  • Posts: 31
Re: ssdi appeal question...
« Reply #66 on: September 25, 2013, 07:04:46 PM »
Thanks mitch,

Yes ny is probably one of the best states when it comes to benefits,

I was lucky when I started Atripla, my system responded very well, but in other areas I was not that lucky, have very bad neuropathy in hands, arms, feet and legs tried all kind of medications saw 2 neurologists and 2010 I had to go on heavy pain killers and it just get worse and worse with no return.  I'm also lucky to have a private LTD insurance and they have started to give me problems the last 2 months. Every other day I feel like I should just give up the Meds and let life have his way so I don't have to fight with them.
CD4   %
22 Sep 06   37     5  Started Atripla
5   Oct 06   82     9
1   Dec 06  258   13
25 Jan  07  263   14
1   May 07  403   18
6   Aug 07  438   22
7   Nov 07  417   19
30 jan   08  310   19
7   May  08  285   20
6   Aug  08  472   27
12  Nov 08  444   26
11  Feb  09 335    19
10  May  09  460  25

Offline mitch777

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  • Posts: 3,026
  • wish i were here
Re: ssdi appeal question...
« Reply #67 on: September 25, 2013, 07:41:09 PM »
Thanks mitch,

Yes ny is probably one of the best states when it comes to benefits,

I was lucky when I started Atripla, my system responded very well, but in other areas I was not that lucky, have very bad neuropathy in hands, arms, feet and legs tried all kind of medications saw 2 neurologists and 2010 I had to go on heavy pain killers and it just get worse and worse with no return.  I'm also lucky to have a private LTD insurance and they have started to give me problems the last 2 months. Every other day I feel like I should just give up the Meds and let life have his way so I don't have to fight with them.
I hear your frustration but it's really not worth paying them the attention that you seem to be focusing on.
Your life is about you, not them. Period.
Also sorry about the pain you are dealing with. There are many people here that can relate. Reach out and ask questions. that is what these forums are about. :) (do a few searches on the topic on the forums to learn what others have said. ;).)
hope you get some relief from your pain.

m.
31 years hiv+ (oct. 2013) with a curtsy.

Offline denb45

  • Member
  • Posts: 5,051
  • "1987 Classic Old School POZ+"
Re: ssdi appeal question...
« Reply #68 on: December 12, 2013, 09:41:47 AM »
Hey Mitch,

just a side note about SSDI

keep in mind that you have to be at least 60% or more disabled for SSDI

unless something has changed, but I don't think it has


good luck


HUGS


DEN
"it's so nice to be insane, cause no-one ask you to explain" Helen Reddy cc 1974

 


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