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Old 05-11-2010, 01:21 AM
ALASKA MIKE ALASKA MIKE is offline
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Join Date: Apr 2009
Location: Alaska
Posts: 158
15 yr Member
ALASKA MIKE ALASKA MIKE is offline
Member
 
Join Date: Apr 2009
Location: Alaska
Posts: 158
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

make sure they(last job) did not cash in her sick pay, vacation, 401k loans etc.. as income that would look like she worked.



i was told that you cant work part time or even volunteer for free because this would prove that you can work a little. they can take your disability away or not approve it.

i have a bad headache somaybe this isnt making much sense, hopefully you understand what i am trying to say.

good luck,
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ALASKA MIKE
ARACHNOIDITIS,CRPStype2/CAUSALGIA since 2004
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