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Old 05-09-2010, 06:11 AM
gabbycakes gabbycakes is offline
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Join Date: Oct 2008
Posts: 518
15 yr Member
gabbycakes gabbycakes is offline
Member
 
Join Date: Oct 2008
Posts: 518
15 yr Member
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Quote:
Originally Posted by Jimking View Post
My wife Suzy, who has RSD, was denied SSDI again. Not only was she denied a claim but denied her day to present her case in front of a judge with her attorney present for the first time sinse 2006 when she first applied. In the letter, the judge refused to hear her case, Why? The judge refered us to read the "Order of Dismissal" in which it states:

"The record shows that the claimant has engaged in significant work since his alleged disability onset date. It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible.

The case is remanded to the district office to obtain documention of the monthly wages and hours worked since disability onset date."

I am sure of two things, one--my wife is a female and two- she has not worked sinse 2006, at all ever, I don't think she hasn't, I know for a fact she hasn't. A matter of fact I wish she could work and she would too!!!
One thing I'm not quite understanding about the Order of Dismissal is where it states:

"It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible."

This sounds to me a person who may have had SSDI and was working under the table of sorts, or some manner, because of the wording of "trial work period". Or maybe its a WC case? Or could it be someone who has SSDI is working partime trial basis?

In eitherway clearly SS has denied my wife her day infront of a judge with her lawyer because they've mixed her up with someone else. Monday morning I'll contact her lawyer. If anyone can shed some light or experience on this mess I would surely appreciate it.

jim

Dear Jim,

I understand what you are talking about in regards to the "working before the onset". I was approved not for SSDI but for regular SS Benefits which comes with medicare and benefits for my minor children and back benefits for my 18 and older chilren up until they became 18, just to clarify what I actually got approved for. When they mentions "working before the onset" SS gave my attorney a complete list of the part time work I had done prior to my approval and to make a long story short, I did work a litlle to much on year and it was not hours it was the dollars they are looking at. So, in order to settle I had to give up about 3 years of back benefits. I got 4 years instead of seven, but to me it was worth it. I had waited long enought and suffered financially because of this whole mess and just wanted it over so I gave up 4 years of earnings. I was told that if Iwent in front of a judge I could possibly lose because of the slight overage and I mean it was really a small amount of money I went over for a short, short peroid of time . So, I settled.

I hope this helped.....

Gabbycakes
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