backpay problem
 

I was approved for SSDI 9/20/2010 but have not seen any backpay yet. My monthly pay was prompt, have not had any issues with it. Can't seem to get anywhere on the backpay though.

I called in mid December to check on it and they told me they were checking to be sure I qualified for SSI. I said I know I don't - I have almost paid off my home, own a car - more assets than allowed! So they had me print off a form and on it request that my application for SSI be withdrawn, and take it to my local office. I did that right away. Local office said give it a month to be processed.

I checked mid January, and they said they would put in an inquiry as I should have had it by then. I get direct deposit, and they double checked all the info. They said call back Feb. 11 if I did not have it yet.

Feb. 11 - still nothing. I call again, they say they will put in another inquiry, but my file seemed to not have moved from last month.

I am sorry I can't remember the name of the office or what point it is stuck at. It is where they check all your records and stuff to be sure you don't owe the government anything.

They said wait another month and call again.

Any ideas on getting a fire under them?

Thanks.

Best thing too do is go to your local SSA office and if you aren't satisfied with their response,then talk to a supervisor.

My wife is having the same issue. Its been sinse early Nov. She is due 3.5 years backpay. She has received her monthly check and medicare. Her lawyer was paid immediately months ago. She did not collect SSI or WC. We were told in Dec in Alexandria VA that nothing should be holding up her check and the money was forwarded to Baltimore. This nonsense needs to stop! Those moneys where earned and payed for by my wife's work of 30 years. The ill should receive their money before the lawyer not the otherway around. We have banks comming after our home and other assets that need to be paid now not a year from now. I have called my wife's lawyer who is going to track down her money. This week I will call my congressman's staff to locate this money.

lawyers in agencies or government always make sure that the other lawyers are taken care of first

Both you and Jimking need to talk the the SSI windfall offset specialist in your local office. There may only be one employee in your office that is an expert in windfall offset. There are a series of inputs that need to be done in order to remove the windfall indicator and this often holds up release of the retroactive benefits.

babyboomer - it is my understanding you can't just show up at the local SS office and talk to anyone - you must make an appointment. When I talked to them on the phone, I asked about coming in, but they say they can help me over the phone, or to call the national 800 number.

Jim - I am so glad your wife was finally approved. RSD is a horrible thing to live with.

Echos - I did not use a lawyer. I filed myself.

Janke - I looked up SS Windfall Offset.... I have never worked for anyone without paying SS. Well, when I was a young teen I did a little babysitting - very little... and I didn't pay SS then. I started working at a regular job at age 17, continued until 52. Knowing that, do you think I should still talk to the windfall specialist?

I was approved so quickly, they only owe me 3 months of backpay. It won't add up to very much.

Thanks everyone for your responses. I typed up a reply on my phone last night, but for some reason it did not show up.

I think you should

Ok, thanks. I will try to call today. Sincen it is Monday, may be hard to get through.

Backpay issues also....
 

You may have seen my earlier post about my husband's back pay issues
... I'll tell you that I think it is really strange (and lousy) that SSA is able to determine the amount the lawyer is owed, and make the payment to the lawyer expeditiously and then hold up the payment to the claimant. The lawyers payment is based on a % of the back pay (up to a max $$ amount) so I just don't understand how that is possible.

We opened a constituent case with our Senator....which seemed to get some movement happening...but we won't breathe easy until we have the check in our hand.

RE: posts on my original thread...I would be interested in information specific to SSA as to whether the ALJ decisions can be overturned by anyone other than the Appeals Council if anyone has that...

Ain't that the truth about the attorney getting paid first. What would happen if the claimant owed back taxes and back child support that surpassed the back pay amount? Would they still pay the attorney first ,even though there wasn't enough money to pass around to begin with?

you can walk in to the local social security office here in new york without and appointment. you just have to wait your turn when you get there.

It's the same here in Alabama, they want you to have an appointment but they have to see you anyway. You might have to sit and wait a couple of hours but they will see you. Best thing to do is be there when they open the door early in the morning. If you were approved the first time without having to file an appeal, I would call the DDS office and talk to them.

I called again... This time, the national call number. They say that they have 45 days to respond to the inquiry from last time I called. They show no record of the 2 previous inquiries. I asked to talk to a windfall specialist and they said there is no such position. I asked to talk to a supervisor and I was told I should wait until first week of April, then file another inquiry.

So, then, I called my local office. I asked to make an appointment to see a supervisor. They would not do that without me telling them why. Then they check and say that I would have to wait and file another inquiry in April. That there is nothing the local office can do to help me, even a manager. They said this is because of the department where my file is at - their computer says they are still checking on my eligibility for SSI, even though I sent a form to them in early December saying I withdrew any application for it, as I have to many assets.

I am wondering if I should contact my state senator. I don't know what to do at this point.

Juli

I was awarded SSDI back in Oct. 2009. Waited 90 days. Still hadn't received backpay. Went to my local office twice. They had no record of my first visit. Finally called local office-talked to a supervisor and she worked on my case till the backpay arrived. If I hadn't done anything-I would probably still be waiting for the money.

Physically, it is so difficult for me to go anywhere, I have hesitated just going to the office without an appointment... Especially since they already told me I would need one. But, maybe that is my next step. I try to handle everything I can over the phone.

daylilyfan, My wife is going through the same thing. Approved last Nov2. This is 3.5 years back pay with no liens. Her lawyer got her $6000 within the first 3 weeks of the judgement. I did call her lawyer and she is checking on it. Wednesday I'm calling my congressman who worked on her case. All I was told was the check was released back in Dec. from Alex. Va to Baltimore because there was no lien. If I were you daylilyfan I would call your lawyer and your congressman now.

I've went to SS many times without an appointment. You may have to wait a little longer, the small town I live in now, you never have to wait more than 15 minutes. When I went in Florida you had to wait anywhere from 45 min. to and hour with or without an appointment. I don't think they have a WEP specialist. I think it's the job of the agents who work there, to know this stuff. Here is a link with some Q & A.

http://www.nea.org/home/17745.htm

Did you ask your local office for the number of your district manager. It would be a totally different number. They may not want to give it to you because that's the person who will call the District Director and your district director will call your agent. When I called the DD in Florida she was great, I couldn't ask for a better person, she had everything straightened out within a couple of days. If she couldn't fix it she would tell you what had to be done. Just make it clear what you want to say.

Thanks everyone!

I keep hoping it will just show up in my account.

If a claimant wins SSDI and has 10 grand coming in back pay but owes 12 grand in back taxes,does the attorney still get paid out of that money?

daylilyfan - I posted earlier in the thread - during the week of 2-7 we opened a constituent case with our Senator. Within one week we received a call from SSDI - explaining that my husband's case was stuck in limbo and he was able to move it along to processing. We received his check today....a mere month later!!!! This after waiting since our award notice came in May 2010...after applying in January 2007....and after they tried to reinvestigate his trial work periods that had been ruled on by the judge!

I have been feeling I'll this week...so have not called or followed up yet.

You know, a person should not have to have a politician help them in a matter like this.

But, I am glad that they do help.

Hopeful that next week I feel up to going to the SS office and waiting to see someone.

I will try that before I bother the state senator.

Daylilyfan - if you are not well and it is difficult to get to the SS office, I think you efforts would be better used contacting one of your US Senators. They have staff people in their office with the sole job of helping constituents out on cases like this.

I wish we would have done this 9 months ago rather than accepting the "its still processing" responses we kept getting from SS.

But make sure it is one of your two US Senators (who serve in Washington, DC but will have offices in your state - you may have to look up their website to find the locations). Depending on what state you live in, you may also have state senators who serve in your State Legislature in your state capitol.

This whole system is ridiculous....if it weren't for my income, my husband would have been homeless two years ago and yet the SS workers seem so overburdened and/or jaded that you just can't get anyone to give a darn. But, I guess its a money loser for the US gov, so there's no incentive to speed it up....I wonder how many SS just outlasts so that they just give up and never get the money they are entitled to?

I'm temporarily hijacking your thread to vent Daylily.....I requested a telephone appointment to try to square away my issues with my kids' benefits after over 1 year of getting the run around talking to a different rep every time I called, being assured it would be corrected, and getting NOWHERE. I had to wait over a month for the appointment, the time came and went....no phone call.....grrrrr

So, now I have another telephone appointment set up for the end of the month. I'm hoping if we get a break from snow, I'll be able to get to the office in person before then, but I've only been able to manage my pain by laying really low lately.

Okay....end vent now :p

I know that I have a lot to be grateful for.....as much as our bills are piling up (and my 2 teen boys could eat most anyone out of house and home), at least we aren't in the dire straights that so many here while waiting for the SSDI benefits due them.

It's so frustrating dealing with the red tape....and that stress doesn't help our situations any. I hope that you are able to get it straightened out soon.

sl1029 thanks I had not thought of the difference between state and us senator... I happen to know the person who is my state senator, and I automatically thought to contact them.

Finz - I certainly understand your frustration. Like you, I feel fortunate compared to many with RSD, and also many with problems with SSDI. I got it first time, no lawyer. I don't know where I would have been by now it had not gone so quickly. So, I don't have a **lot** of backpay coming, but I still would like to pay off some bills with it.

I just don't understand why it has taken longer to get my back pay than it did to get approved for SSDI. Especially since it is only for 4 months pay - not like they owe me for years of backpay.

aaaaarrrrrggggghhhh !!!!!!!!

daylilyfan, I called my congressman's office on behalf of my wife's backpay last week. They were ******. They called the Baltimore office wanting to know what was the hang up. They called me back later and told me their response was they needed to find out if there were any liens on that check. The congressman's staff responded that the reason they even have the check is because Alex, Va office concluded there are no liens. She told them to release the check ASAP.
daylilyfan, one of the main duties of a congress person is to help their constituents in need. Don't be embarrassed to call them, it's their job.

thanks so much Jim. I have a worker here today to clean and stuff - so will call tomorrow. I need to touch base with our U.S. Senator about the new laws the ADA put in place, so I was going to call them anyway. I use a mobility assistance service dog, and the 15th of March, the ADA laws change. The state I live in has 25 year old service dog laws. The veterans who are using a service dog for PTSD don't legally have a service dog here because my state does not recognize PTSD dogs. They don't even recognize medical alert or hearing dogs.

I sent an email to my US congressman. His website says that I need to download, sign and either fax or mail a consent form for them to make a congressional inquiry. I can't download the form, because I am using an iPad to access online. My Mac died a few weeks ago, and need my backpay to get a new one.

I requested that they mail a form to me so I can sign it.

My Mac died too a few weeks ago.:) I'm using the one at work. daylilyfan, I got a call back from my wife's lawyer who spoke to SS also. Their response this time is since the check is substantial they need a second signature in order to release. As you may recall the staff for my congressman said the response they got from SS was they were checking for liens on the check, even though it was already established there are no liens. Are we living in a third world nation? I'm vexed! :D

However, they did state to the lawyer that they will be cutting the check next week. We shall see and good luck with your congressman, they will help.

I sent in my authorization/consent and have already heard back from my congressman's office. A very nice man took my info and said that he has already started a "congressional inquiry" into my case. He said 6 months is a long time to wait for my backpay and it was good that I contacted them.

Wonder how long it will take for SSD to get back to his office.

That is great that he got back to you so fast! I hope you get your money soon! Good luck! I don't think it will be long now.

I bet it will be very soon, if not already. In my situation SS said the check should be sent last week. Never happened. If my wife's check doesn't come soon I'm writing the White House! :)

The woman at the local SS office said I should receive a letter from SS by tomorrow explaining the holdup. I am supposed to call her tomorrow if I don't have my money deposited. That was 45 days ago I talked to her.

Even with the "congressional inquiry" -- no money has been deposited.

And, my COBRA insurance gov. subsidy is no longer in effect, so my payment, starting April 1st, went from $112 to $322 a month. I called Ceredian and they say that amount will be in place for months 15, 16, and 17. Starting with month 18, my previous employer can charge me 1-1/2 times that amount..$483 per month. I called the owner of the company I worked for 3 days ago, but he has yet to return my call or email me so I imagine that they are planning on charging me the extra. Ceredian says it is an option - that they don't have to do it.

SS only owes me 3 months back pay, but it sure would come in handy....

I have scaled back on everything this past year that I wasn't working. I don't know how many more corners I can cut. I have a feeling the next year, until July 2012 when I become eligible for Medicare are going to be very interesting. :eek:

But, still, I realize I am in a lot better shape than so many of you, and I am so thankful.

Hmmm had a letter from the congressmans office today. They sent a copy of the letter they got from SS. It says they (SS) are gathering information to look into the issue. The congressman's aid says as soon as they hear anything from SS they will keep me informed.

They have supposedly done three investigations into this since early December, that I had to wait 45 days each time, only to be told to call back in another 45 days.

Geesh, how much info do they need?

It's a stall tactic. Like I said earlier my congressman's staff was told by the payout center in Baltimore they where checking for liens on my wife's retro pay. Well that was already established in the state of VA that there's no liens, and they know it. Three weeks later Baltimore tells our lawyer they need a second signature on the check since it is 3.5 years of back pay. Just got to be patient I suppose, but tomorrow will be 5 months since my wife received a favorable decision.

Yeah!!!!!!!!!!!!!

I got it!!!!!!!!!!!!!!!!!!!!!
:yahoo::Dancing-Chilli:

Woo Hoo !

Thats great news Daylily !

That's very good news, gives me hope. I received a call from my wife's lawyer last friday telling us SS now needs a third signature and they found an error in the amount of the money. There is no error, the math is extremely simple. The lawyer said that she will continually call SS for the release of this check and that we call them everyday. I called my Congressman and his staff was ****** at this new info and will be calling them today. There is no need to put ill tax paying Americans through this what so ever.

Crossing my fingers for you, Jim. Your right, we deserve better. I am very happy and grateful to have my favorable decision, but it is hard to see the delays drag on and on and on.

First of all, when your atty or NAR is eligible for "direct payment", the SSA withholds 25% of your total backpay amount, and disburses the amount agreed upon when you signed the Fee Agreement with your atty (typically 25%, but as of this post, cannot exceed $6,000). Once that disbursement is made, the remaining withheld funds (in excess of the direct pay) along with the backpay owed to the client, is disbursed to the client in accordance with SSA current operating regulations.


Now, about the appeal. If you or your atty are not satisfied with the Appeals Council decision (i.e.: they failed to remand your case back to the ALJ for reconsideration), you have the right to pursue it to the Federal District Court. However, a favorable decision by USDC can only revert the case back to the Appeals Council, or at best, result in a remanding back to the ALJ hearing. In either case, you will have to prove that the ALJ or Appeals Council failed to correctly identify the evidence presented, or failed to make a correct decision either based on a reasonable preponderance of the evidence or based on a technicality.

What I suggest to my clients once the ALJ denies a claim is to proceed to the Appeals Council, but to START ANOTHER CLAIM. That way, the second claim is going through initial and reconsideration while you are waiting on an Appeals Council hearing.

Remember, for most clients, the goal is NOT a "favorable decision" at the initial or reconsideration stages, as that is statistically improbable, but instead to accelerate the ALJ hearing. One thing you can have your atty do is to request an On the Record Review once the case is on its way to ALJ. What this does is allows the ODAR to review the case and its evidence, without a hearing, and make a decision. A favorable decision is a favorable decision, end of story. A denial of an On the Record Review means NOTHING. It does not even delay the ALJ hearing.

Just a few pointers for ya.*edit*.