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-   -   favorable ruling -- SSDI (https://www.neurotalk.org/multiple-sclerosis/51118-favorable-ruling-ssdi.html)

PJAMES 07-31-2008 06:15 PM

congrats...congrats...:)

SallyC 07-31-2008 07:47 PM

Good for you, Nico....WooHoo!!:)

Niko 08-13-2008 01:59 PM

Very good ruling!!!!
 
Just got the judicial ruling in the mail.

The ruling is "fully favorable" and dates back to the last time I worked in 2000.

Very good news :)

I'd dance now, but I'd get dizzy and fall down ;)

Niko :cool:

weegot5kiz 08-13-2008 03:43 PM

congrats big time

NurseNancy 08-13-2008 04:44 PM

congrats niko.
you should be getting a bundle from the govt.

it took me about 18 mos. did the 1st denial and lawyer thing too.
it's such a relief when it comes thru.

hope it helps a lot and decreases your stress too.

wkikta 08-13-2008 06:16 PM

You may not get as much as you think you will. Unless they have changed it, probably not a chance, they will only go back 12 months before your filing date to determine how much you get. They don't care what your date of disability is set as, just when you filed. :(

Gazelle 08-13-2008 08:10 PM

Congrats!!!

Quote:

Originally Posted by wkikta (Post 346095)
You may not get as much as you think you will. Unless they have changed it, probably not a chance, they will only go back 12 months before your filing date to determine how much you get. They don't care what your date of disability is set as, just when you filed. :(

But the AOD (date of disability) is important. It makes the difference between being fully insured for SSDI purposes or not being fully insured and only being eligible for SSI. SSDI is also not asset based, where SSI is. So that means if there's additional income coming into the house that SSDI benefits won't be reduced. With SSI, they would be. You can be found eligible for SSI and NOT get any benefits.

True that back benefits will be governed by when you filed. But the date of disability is VERY important--and sometimes for SSDI can make a difference in $$ that you get.

Niko 08-14-2008 06:10 AM

Thanks all!

Calls will be made to the lawyer's office to get them to translate the legalese into something I can understand.
With that translation, I should know how much I'll get as well as how much I'll pay the lawyer :)

Niko

Gazelle 08-14-2008 02:09 PM

I can tell you, Niko, that your attorney may not know exactly what he/she's going to get yet. If you signed a standard fee agreement, then they are limited to 25% of your back benefits or a set $$ amount that Social Security sets as a maximum. Anything other than that, unless it was what is known as a "fee petition," they can't charge. They CAN charge you for costs associated with pursuing your claim. They should be able to itemize them for you.

Your attorney's going to have to wait until the Social Security administration gets you ready to be put in "pay status." That means that SSA has to figure out exactly what your back benefits are, how much a month you will get (they can figure that easily enough), and SHOULD pay your attorney directly (if your attorney filled out the right form). But the fee going to your attorney will only be fee--it will NOT be for costs.

The fully favorable decision only means that the Administrative Law Judge (ALJ as they're commonly referred to) said you were disabled. It doesn't mean that all the necessary calculations have been performed. In fact, I highly doubt that your claim is at the "pay center" yet. So be patient.

After all this time, I know you're excited, but you still have to wait a bit. Good thing is that once the process starts moving, it goes pretty quickly usually. And you'll sometimes find that you'll have a direct deposit amount into your bank account before you even get the notice from SSA that they are paying you!

Hang in there.

Fully favorable means that they decided. Who cares why!!!

Niko 08-15-2008 08:19 AM

Quote:

Originally Posted by Gazelle (Post 346687)
The fully favorable decision only means that the Administrative Law Judge (ALJ as they're commonly referred to) said you were disabled. It doesn't mean that all the necessary calculations have been performed. In fact, I highly doubt that your claim is at the "pay center" yet. So be patient.

After all this time, I know you're excited, but you still have to wait a bit. Good thing is that once the process starts moving, it goes pretty quickly usually. And you'll sometimes find that you'll have a direct deposit amount into your bank account before you even get the notice from SSA that they are paying you!

Hang in there.

Fully favorable means that they decided. Who cares why!!!

Gaz:

Thanks so much for the reply. Very interesting. And yep, I won't be holding my breath. I'll get the money (however much that will be) when I get it.

Patience I have have.

Thanks again!

Niko:cool2:


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