Quote:
Originally Posted by sl1029
All,
After two long years, my husband finally recieved a fully favorable ongoing AND backpay award in May 2010 (Adjudication hearing was in March 2010). Thanks to a new drug that had come on the market, he was in a trial work period at the time of the hearing - that was acknowledged to the judge and referenced in the decision letter.
He still has not received his backpay...each time we have called they say it is still processing.
We notified SSDI in October that he had returned to work full time - and in response they send us a form asking us to explain all of his earnings from the beginning of the disability onset.
We called our lawyer who handled the hearing, and he advised that he had already been paid (which comes straight from SSDI out of the backpay)
Has anyone heard of this situation? We are worried that they are now re-examining his claim - which has already been heard and decided on by a judge.
Not surprisingly, we can't get the caseworker to call us back and we visited the SSDI office and they would not let us speak with her.
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They might find they gave him a favorable ruling in error. That because the medication did work and the claimant was able to go back to work full time the claimant was able to sustain substantial gainful activity. The question imo would be can an agency overrule a courts decision? Unfortunately the attorney doesn't have to make sure you get payment. His job is only to get you a favorable ruling, which he did and deserves payment. Were you working at this time? I am glad your husband is better. Sometimes we have to court our blessings health or money? One more question when he went back to work was it under a Ticket to work program?