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Question: What Can I Do If I Am Unsat...

Social-Security-Disability-Forum » Question: What Can I Do If I Am Unsatisfied With the Way My Claim is Being Handled?  

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Bobbie Crummie

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Posted on Wednesday, May 23, 2001 - 8:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 55 year old woman who is waiting for a hearing .I live in south carolina. they told me it would be 4 months, in July it will be a year and I still havent heard anything. Is there something I can do to help this process along? We are desperate and I can not afford medical help and I am getting alot worse. This is for ssd
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Paul McChesney (Admin)

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Posted on Friday, June 01, 2001 - 7:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

There is something wrong. There are several possibilities. Your case might have gotten lost. Or, it might be because of the new system, which is delaying cases. In any event, you need to look into this. I assume you don't have an attorney; you certainly need one any time you are at the hearing level
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bill everett

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Posted on Monday, June 25, 2001 - 9:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hi i have found out some of the things i need,but can you tell me ,what does it take for an admim. judge to deside case without a oral hearing? i do have two dr. letters suporting me.

Reply by Paul:
It takes strong, uncontradicted medicals that say you either meet a listing or the "grids," with good objective suppporting data. A doctor letter that says you are "disabled" is almost worthless.
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Joyce M

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Posted on Monday, June 04, 2001 - 9:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I received a letter stating that I have passed the requirements for the medical an they are still deciding on the nonmedical requirements, what does this mean? How long do I have to wait now, this is after an appeal? Thank you
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Paul McChesney (Admin)

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Posted on Wednesday, June 06, 2001 - 5:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

That's great! Not long now. In most cases, that means that you will
eventually get benefits. When you first file they check to see if you meet
the nonmedical requirements (You must be broke to get SSI, and you must have
worked enough to get Social Security disability.) They check once again to
see if you qualify at the very end, which they are doing now.

They send this notice out when they are issuing a favorable decision at the
initial and reconsideration levels. In my experience, at these levels, if
they award you, they often claim you became disabled much later than you
actually did. Check the notice carefully to see if this is so. If so, when
the final notice comes out, you might want to appeal, which will maybe get
you more back time money; but be aware that the ALJ can review the whole
case and say you are not disabled. NEVER do this on your own! I would only
do this with a lawyer who knew the individual judge very well.
Take care.
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Joyce M

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Posted on Wednesday, June 06, 2001 - 2:31 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mr. McChesney..Thank you for answering my question. I do so very much appreciate it.
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stanley meadows

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Posted on Wednesday, June 20, 2001 - 8:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ilive in fl. I had a heart attack one year a go .I applied for disability at that time. I was told on 6/19/2001 that a decision had been made but they said they were not allowed to tell me,because my file was pulled for qa.I couldn,t get any information that i understood.any help you give me will be appreicated.

Reply by Paul:
"QA" probably means "Quality Assurance." In a case involving medical issues, a state agency, usualy a division of your state's vocational rehabilitation service, makes a recommended decision. A supposedly random sample of those derecommended decisions are reviewed by the Administration. I have no firm statistics to back me up, but I am fairly well convinced that more recommended favorable decisions are reviewed, so in a way this is a good sign for you. It also suggsets that if you are denied, you probably have a strong case and should appeal. And as you probably know I always suggest getting an attorney. I hope it works out for you.
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Kemper

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Posted on Sunday, December 02, 2001 - 10:42 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in the Piedmont section of South Carolina and just had my disability hearing. Although I liked the judge and he seems to be fair...is there any way I can go online to see how most of his cases have turned out?

Reply by Paul In general, about the only way to find out is to ask an attorney who practices in front of him or her. You could ask your attorney if you have one, and me if you don't.
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Cathy Ross

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Posted on Wednesday, January 09, 2002 - 8:35 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was involved in a mva in July, 1999 in which I sustained blunt trauma to the top and left side of the head. After the accident I am suffering from vertigo, headaches, confusion, memory problems, neck problems and fatigue. I applied for SS benefits which were denied both times and now I am scheduled for a hearing soon. Several physicians told me that I had 8th cranial nerve damage, mild traumatic brain injury, post traumatic epileptic seizures and disc problems in my neck. This also involves workers comp. I have an attorney for both of these cases. My concern is the SSD benefits will be denied again. What can I do to help in the process and what are the chances my case will be approved by the SS judge? Thank you.
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Paul McChesney (Admin)

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Posted on Friday, January 11, 2002 - 4:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Cathy, I don't want to answer your question specifically because you have an attorney, and I am sure he could give you a higher quality answer than I could. The problem is that when someone lists medical conditions without indicating what limitations they cause, it is impossible to say how they might affect your ability to work.

I can give you the approximate success rate at each decision level in SSI and Social Security Disability claims:
initial claim 1/3 are successful
reconsideration claims: 1/10 are successful
hearing level: 6/10 are successful
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Isabel

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Posted on Wednesday, April 24, 2002 - 8:55 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello and thank you very much for the insight. I had typed here last week, right after you answered me but that post seems to have disappeared into cyberspace, lol.

Since my last posting, I have learned some new things. Also, some of the things you said, that I didn't understand, make perfect since now, woohoo, lol!

My federal review lasted two weeks, which wasn't very long, I was approved "officially" on April 19th. I got a call from my local SSA office, they were updating my SSI information. I will be getting 3 months total SSI benefits, as they told me that my first SSDI check will be direct deposited on the 3rd Wednesday in May, next month. She also mentioned at that time that my backpay was for $9,000. This surprised me since I had anticipated closer to $29,000. She told me I would only get back one year previous to my application, which was January of 2002. I told her I had previously applied in June of 1998 and my caseworker told me I would "definitely" get quite a bit of backpay, as they found me disabled since March of 1998. NOW, this other woman from SSA is telling me I've got the wrong information. She said no way can I get backpay unless I had first appealed my first denial. This makes no sense to me! I hardly know anything about SSDI now and back in 1998 I had no clue I could even appeal, it was foreign to me. When I got my original denial letter it said I was able to work at least part time, so I tried to, lol! That didn't work out.

So, from what I'm reading in your answer post, you are saying I "can" appeal this and ask for an earlier onset date. BUT, this also jeopardizes my current approval?? I'm expecting the $9,000 backpay anytime, does that mean I shouldn't touch that at all? Will that then mean I can't appeal any longer?

I know this will be a tough decision. I just hate to "lose" $20k because of a stupid technicality. I'm so in debt with tons of loans owned to family and friends, the $9k will help obviously, but won't get me out of debt.

What is your opinion? Thank you again for taking the time to read all of this, your expertise and advice is greatly appreciated. It's like pulling teeth to find out this information, lol.
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Paul McChesney (Admin)

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Posted on Saturday, April 27, 2002 - 7:32 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Your evaluation is precisely correct. There is both risk and benefit in an appeal of your current decision. I would never recommend appealing, or not appealing, a partially favorable decision, such as you have, without carefully going over the evidence with an attorney so that you will understand the odds of success and failure in your particular case. Then you are going to have to make a hard decision on your own.

If I were you I would talk to an attorney right now, before the 60 day deadline for appealing your decision expires. You might or might not be able to do something more after the 60 days, but before the 4 year deadline on the earlier claim.

The law in this area is extremely complex, I have set some but not all of it here, and if you think you understand it, that only shows that you don't realize how complex it is. This is a very dangerous area for claimants and attorneys, because of the complexity of the law and potential for unfortunate result.
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Isabel

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Posted on Saturday, April 27, 2002 - 11:58 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Thank you again so much! Honestly, I've been to tons of SSDI/SSI boards, including the connect board, and you are the "only" person who does not give me one line answers and actually explains in detail, for that I'm especially grateful.

I did contact several attorneys yesterday. I looked for those who specialized in disability law and actually talked to three of them on the phone.

I have yet to receive an award letter from SSA. Though they've already given me my SSDI deposit date. Each attorney did tell me we need that letter first, which I understand. What I was hoping was that each one would basically say the same thing, lol. One felt there was little to zero risk since I was approved at the initial level. Another felt there was substantial risk, unless I found a sympathic judge. Another really couldn't tell me anything because they don't even know what my disability is and feel it'll be quite difficult to get all my medical history at this point.

You are correct, I have a difficult decision. Not only deciding if I should appeal, but then what attorney to pick, lol!

One question I didn't get answered that maybe you can shed some light on. Worst case scenerio, I appeal for an earlier onset date, the judge decides I'm not disabled at all and I lose my claim and now owe SSA for overpayment. Does that close this case forever? Are appeals done at this stage again?

I guess I would like to know what else I'm risking besides my initial favorable decision and one year's backpay.

Thank you again and I'll keep in touch. Hopefully if anyone else might be going through this, this thread will be incredibly helpful to them.
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Paul McChesney (Admin)

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Posted on Saturday, May 04, 2002 - 9:23 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Isabel: Boy can you ask questions! Answers, as best I can answer:

Question: Worst case scenerio, I appeal for an earlier onset date, the judge decides I'm not disabled at all and I lose my claim and now owe SSA for overpayment. Does that close this case forever?

Answer: No.


Question: Are appeals done at this stage again?

Answer: You can appeal almost forever.

Bonus Question: How long does the next appeal take?

Answer: Assuming that you have just been allowed at the initial level, in North Carolina, from 3 to 8 months. It varies in other areas of the country.

Question: Will they look at my case closely?

Answer: No. Reconsideration is usually a rubber stamp, since the same office that considered it before is doing so again. But at the next level, before the Administrative Law Judge, it will be looked at closely.
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bntac

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Posted on Wednesday, May 15, 2002 - 1:07 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,I will try to make this short..I received my Award letter May 13. May 2 I was told that my backpay was okd and would be sent anyday.. (I signed a weiver for SSI and on May 1 the SSI rep told me, He took off the diary (or what ever needs done) and i was just waiting for the 2 computers now to talk to each other) On May 8 I found out my file was still sitting on a desk at the payment center. And that they received it May2. Would you be able to tell me what the process is after you get ok? and how much longer it takes to issue check? I have no Offsets. I really need the money since i wont be recieving my monthly check till June 12.. and this would help alot since it goes back to 98. (took 4 years to be approved) thanks in advance
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Paul McChesney (Admin)

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Posted on Saturday, May 18, 2002 - 6:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In your case, your back time check might show up anywhere from several days from now, to forever, depending on what Baltimore knows about the SSI claim. This is why:

If you have only a Social Security Disability claim, the back pay check and the first monthly check come at about the same time; in 2002 that is generally about 2 months after you get a favorable decision at the hearing level; at the first two levels, that is at about the same time you get your notice.

If you have an SSI claim only, the timing is about the same, except that first you have to go down to the Social Security office and update your income and resources. This adds whatever extra time it takes you to do this, plus whatever extra time it takes for your caseworker to process the information.

If you have what they call a "concurrent claim," which is a claim for both SSI and Social Security Disability, the SSI claim is processed as described above, and the monthly Social Security check comes as is described above. But the back time Social Security check is held until the file is sent from your local office to Baltimore to calculate the offset. This can take months.

If you used to have a concurrent claim, but have withdrawn the SSI claim, your case is supposed to be handled quickly, just like there was no SSI claim.

But sometimes Baltimore does not realize that the SSI claim has been withdrawn, and will sit on the back time check anywhere from several months to forever, unless you do something.
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bntac

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Posted on Saturday, May 18, 2002 - 11:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Thanks for your reply, But i need help..What can I do so they notice my claim and that it doesnt sit on that desk forever?? I tried calling both local offices and 800# but they said in the computer it shows my weiving the SSI and the backpay should be anyday? well, I have been hearing this for weeks now. My lawyer says just wait....The local office was able to generate a emergency check for me which was deposited (direct) SHe told me it will come out of my backpay portion...and once again i should get the rest anyday.....well, No check yet..Is there someone else I can call or write to??? thanks in advance...
Oh, and well I have you here:) My children were manually calculated on May 1 by my loack rep...She said there share should come anyday too and I am still waiting. Any Idea how long it ususally takes ???
Thanks again, and please let me know who I can contact about the backpay.. Nan
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Paul McChesney (Admin)

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Posted on Wednesday, May 22, 2002 - 5:42 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Your attorney should know if there is anybody else you can contact. Occasionally it helps to call your congressman or senator. Sorry I am not more helpful.
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bntac

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Posted on Monday, May 27, 2002 - 1:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

IF Local office processes manually your childrens claim on May1 (manually because she said it went back to 98) and its only for SSDI.. and told backpay should arrive in 10 days..Why would they still be working on it at the payment center? was told this May 25 when I called for status on it. thanks in advance Nan
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Paul McChesney (Admin)

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Posted on Thursday, May 30, 2002 - 5:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

For the Administration to miss its goal by a mere month is is called "unusually prompt."

If it goes on much longer, you might try contacting your Senator or Congressperson; they tend to do well where the Administration is dragging its feet. If that doesn't work, it takes a long time, but a sharp attorney who does a lot of this understands how to file a mandamus, a lawsuit in Federal Court to force action.

If you walked into my office and asked for a mandamus, the first thing I would do is send a certified letter, return receipt requested, asking for the chec, to the local Social Security office, and keep a copy. I would do this 4 times, about a month apart, and then file the mandamus. You can shave off the 4 months by doing the letters yourself, starting in a few weeks.

If you walk into a lawyer's office and explain the problem, never using the word "mandamus," and he doesn't use it either, keep walking.
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Joanna

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Posted on Sunday, October 12, 2003 - 1:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm 52 years old and have been diagnosed with panic disorder and major depressive disorder with recurring episodes. I have only seen a psychiatrist once because I can't afford it, but my GP gives me prescriptions for the meds the psychiatrist recommended. I also have degenerative disc disease and bilateral carpal tunnel syndrome which both cause a great deal of pain. I cannot deal with being around people and have great difficulty concentrating. I have worked most of my life, but left my administrative job in early 2000 due to the panic disorder. I have applied for SSDI and they sent me to a doctor, but only to verify the degenerative disc disease. I am not sure if this means they believe the panic disorder and depression are properly documented or not. Do you think I have a chance of being approved? Thanks.
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Paul McChesney (Admin)

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Posted on Friday, October 24, 2003 - 5:17 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Joanna, I have yet to figure out what reason the analyist uses to send claimants to doctors, and for which conditions. You cannot guess anything much about the probable outcome of your claim from their failure to send you to a doctor.

The only way to get a good feel for your chances is to get an attorney to get the file copied and get all of your medical records that are missing and sit down with you and that file. This is because the case tends to be decided on the Joanna that appears in the records, rather than the real Joanna, and it is hard to guess what she looks like.
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Tina troyer
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Posted on Tuesday, July 13, 2004 - 8:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello...I found this forum and have been reading many of the questions to see if any are near to mine...none are. I applied for ss disability on Feb 20 2004, I had my phone interview with my local office on March 15.My file was sent to the state for futher work. I have talked to the man at the state level many times,he called me I called him both with questions. He told me he sent my file to the medical review on June 16th 2004. I called my local office yesterday and spoke to my intake worker,who I first dealt with, she said they decided my back pay if approved would go back to April 2003, I asked her if this wait to hear from the medical review department is a good or bad sign for me, she said it is a good sign. So ....with this bit of info..can you guess if I have been approved or not? This final wait is enough to drive someone over the edge...LOL. I do not have an attorney, I chose to do this step by myself. I will hire one if I am not approved after the next level. Thanks so much for any answers you can help me with.
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 7:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If medical review is the same as quality review, it is a good sign.

At the first two levels, the medical question of disability is decided by a state agency, usually a division of the state department of vocational rehabilitation.

The Social Security Administration will go along with what the state agency says in many cases, but in a certain percentage of cases, they perform what they call a "quality review," the express purpose of which is to make sure the state agency is following Federal guidelines.

But really, they seem to review very few denials, but a high percentage of the recommended allowances.

So that suggests that you might have gotten a recommended allowance.

But maybe not, and the main actual function of the quality review branch is, in my experience, to reduce the number of allowances, so don't count your chickens yet.

It certainly does mean that you have a strong case that should be appealed if you are turned down.
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Nancy

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Posted on Tuesday, April 27, 2004 - 2:24 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 25 year old female. When I applied for SS the person told me I was due back something from both SSI and SS so he helped me apply for both. I applied in February, 1. I was told about a month ago that my case was pulled for quality assurance. Today I was informed that it looks like it is going to be a denial for SSI but that he does not have the folder yet. He also said that it can be overturned by quality assurance but how can it be overturned when the decision was made yesterday after the case being there for a month. Does that mean that is the final decision. I have depression and anxiety. I live in Waterbury, CT. Can you please provide me with any advise.
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Paul McChesney (Admin)

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Posted on Thursday, April 29, 2004 - 4:53 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Nancy: To answer your questions:

"how can it be overturned when the decision was made yesterday after the case being there for a month?"

It can. The quality assurance guys boss it over the regular decisionmakers, and will sometimes reverse their decisions.

"Does that mean that is the final decision?"

There is hardly ever a final decision in the Social Security business. If you get turned down don't despair; get a lawyer and keep appealing.
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Kara
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Posted on Thursday, September 30, 2004 - 1:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul,

I applied for SSDI last month on the 17th for panic disorder, and I applied with all my medical records and my psychiatrist also wrote a report. I was just told that a decision has already been made on my claim and it's only been a month and a half. Is this quick decision a good thing or a bad one? and how long does it usually take before you actually receive the letter with the decision?
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Randy Luby
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Posted on Thursday, October 21, 2004 - 2:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was told I was approved for SSD for 2003 and that a check was in dispersment and that I was approved for 2004 ( I applied May 2004 for March of 2003 on)but when the paperwork or whatever got to review they sent it back to Determination. What can this mean ??? I also applied for SSI and that is still being decided. I live in Nevada and am 45 1/2 Thanks
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 11:59 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Randy, this is just a guess, but there is a "quality review" division of the Administration that reviews mostly favorable recommendations by the Nevada disability determination service. If it is sent back, as yours evidently was, the disability determination service often "corrects" their decision by denying benefits at that level, but their recommendation is a sign that you probably have a strong case that might be successful at a hearing. If you are denied, be sure to hire a lawyer and appeal.
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Pearl Gamble
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Posted on Saturday, November 27, 2004 - 6:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been diagnosed with scleroderma, an autoimmune disease, pulmonary fibrosis,and pulmonary hypertension. I applied for disability in May, 2002, was denied in October, 2002, requested reconsideration and was denied also. I applied again in November, 2003 and was approved. The award letter stated that I was determined to be disabled by their rules in August, 2001. My question is what can I do to get them to look at my first claim which was in May, 2002 - and get reconsideration and pay for that period.
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Paul McChesney (Admin)
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Posted on Wednesday, December 01, 2004 - 1:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would have guessed that you got paid back to January of 2002, which would be 6 months after they found you disabled; for DIB there is a 6 month waiting period.

If they did not, you might take your papers to an attorney and see if he can do anything. The Administration had the power, back then, to re-open your old claim; if they did not do so, I would have to think about whether you could get them to do so now.
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dlpros
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Posted on Wednesday, December 01, 2004 - 9:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would like to know if anyone has encountered this problem and the outcome.
I have applied for disability with social security. I am currently waiting for an answer. I have been recieving disability checks from my insurance co. thru my employer due to a knee implant. I heard today from my insurance co. if I get approved for SS disability payments the insurance co. will be intitled to take all backpayments as well as cut my benefit payment. I don't believe the insurance co. has the right to take this back payment as I have paid my premium all along. I don't mind them cutting the payment to me monthly since I will be recieving SSD but I DO object to them knifing me in the back by taking the back payment I am owed from SSD!
Has anyone had this happen and what was the outcome?
Thanks
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Scott Behrendt
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Posted on Tuesday, December 07, 2004 - 7:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

dlpros:

It is common for a private insurance company to take any retroactive pay you receive from SSDI and this should be stated in your policy. You probably signed a release for them to take any back pay. They will even take any money paid to your beneficiaries, too. They should only get what they've paid out to you, though. Here is the reason - the insurance company looks at any benefits you received until approval from SSDI as a loan. Therefore they are entitled to the retroactive pay. You get what you paid for. In other words, if your employer had purchased a more expensive policy, this probably wouldn't be an issue.

This isn't what you want to hear, but, you'll have to pay it back so make sure you don't spend it once it hits your checking account!
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Paul McChesney (Admin)
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Posted on Friday, December 31, 2004 - 6:53 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Amen.
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beffie (Unregistered Guest)
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Posted on Tuesday, February 28, 2006 - 9:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i have done a lot of reading since applying for disability in jan 2005, but can't find an answer to the one question i have. I was denied in june 2005, my reconsideration was denied in oct. 2005. i now am waiting for a hearing date which won't take place until nov. 2006. but my lawyer has filed for an on the record decision. my question is, how long does it take before i get an answer for an on the record decision?
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Paul McChesney (Admin)
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Posted on Monday, March 13, 2006 - 4:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

You must ask your lawyer. Such a decision can come never, or just before the hearing, or a few months after you file your appeal. It depends on when the record is complete and when, if ever, the relevant people in the hearing office can be persuaded to pick up your case and look at it. Sometimes the lawyer will have some idea when this might happen; in my experience most often he won't.
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Diane (Unregistered Guest)
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Posted on Wednesday, March 29, 2006 - 2:21 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had my hearing in Sept 2005. I have an attorney and they can't tell me why it is taking so long for a determination, just that it is still "pending" with the judge. My claim is in Southern California. Do you know if it usually takes this long and if it does do I have any chance of a favorable outcome? I am totally destitute now, having used all my funds up since my file date 3 years ago.
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Ben Skoropinski (Flylow)
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Posted on Wednesday, July 21, 2004 - 3:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been on SSD since 1976 and have been through several reviews. I was taken off after one review back in 1980 but managed to get back on. In April 2004 I got the short review form and promptly filled it out and returned it. A few days ago I received a letter stating that they would not be reviewing my case at this time and will not be contacting my doctors at this time but they may review my case in the future. After all the battles I have faced with SSA I am really stressed out over this. I called the SSA 800 number and they would not give me a clear cut answer as to what the letter meant. Does it mean I will not be reviewed for another seven years or does it mean I have to be prepared for a review any day? Thanks for any information on the subject. SSD has been my only income since 1976.
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 9:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

-The Administration can review anyone at any time.
-The Administration "must" review everyone every 7 years, but often their review is late, and often they don't look very closely when they do review.
-When you get a letter saying that they have reviewed your case and decided not to go further, you usually will not be reviewed again for a long time.
-As you get older, say, in your 50's and certainly your late 50's, the chance of a termination become much less.
-The percentage of people terminated on review has been low in recent years.

-Though termination is unlikely, you should be prepared for it.
-Prepare by keeping a doctor handy who knows you and is prepared to say you are disabled.
-If you get a termination notice, appeal immediately, that is, within 10 days, in person, and get a receipt. Ask that your benefits continue.
-Save up a wad of cash to pay an attorney in case you are terminated.
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Bonnie Lillge-Humphrey (Unregistered Guest)
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Posted on Thursday, June 15, 2006 - 3:19 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was injured in 1992 and was on SSD for two years, went back to work with my disability getting worse over the years, constant Dr. medications etc. In November of 2005 my physician finally took me off work and disabled me totally and permanently. When reapplying for SSD I was told they could not take into consideration my past SSD claim and that I now cannot work any longer as a result of the original injury back in 1992. They said I needed to apply as though this is just brand new. I applied, got denied and now I am waiting on a decision of my reconsideration application. Is it true that SS cannot or will not take into consideration that I was already on SSD during the initial injury time and after surgery? How long does the reconsideration period take? I did not apply on line. What can I do to help this along?

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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