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Old 12-18-2012, 11:57 AM
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
LIT LOVE LIT LOVE is offline
Magnate
 
Join Date: Mar 2010
Posts: 2,304
10 yr Member
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Let me just clarify, you had not previously been awarded SSI or SSDI benefits, but went before an ALJ that turned you down based upon your working PT? You did not have an attorney represent you? Have you recently received the denial letter?

The amount of PT work you're able to find doesn't make as big of a difference as the amount of PT work you are capable of doing. This is a disability benefit with strict rules, not an unemployment benefit. If you were insulted that she felt you were trying to "game the system", lots of people do it, and that certainly looked like a pattern they must see frequently (usually with those that have already been approved though.) I don't see any ethics violation or reportable offense, unless you're leaving something out.

If you made the claim in a similar fashion at your hearing, as you wrote it here, you will have an uphill battle getting an approval. It is possible she made an error in her denial letter, and an attorney could best advice you about that.

Asking for help from a Senator or Congressperson is to usually speed up the process if it's stalled out or someone is about to be evicted, etc. They can't decide the legitimacy of your claim. If you look up the website of the contact you're interested in, they will have an explanation of what help they offer. In this case, I'm guessing what you need is an attorney or a non attorney SSDI/SSI claims rep to help you with your appeal.

One last thing, just because this was discussed at your hearing or in a denial letter, don't assume you would otherwise have been approved. The ALJ doesn't proceed through all the steps once they find a reason to deny you.

There might be circumstances that you haven't mentioned that will help you with an appeal--which you should pursue, regardless. I'm just trying to give you my opinion of what you're facing and why.

Good luck.
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"Thanks for this!" says:
finz (12-18-2012)