remand hearing
 

I was deinied from a ALJ a year and a half ago. We appealed to the appeals council and they found many things wrong with the Judges decision. I have my remand hearing on 11-30-12. I am so worried, We are so far in debt and have so many money problems I don't know what I will do if I get denied again. I have a lawyer and he is working very hard for me, but if I get the same judge I fear the worst. My lawyer told me before the last hearing he is the worst judge in the state. I am from Michigan. Has anyone been approved after a remand hearing????????

I didn't have a remand hearing, so I can't comment on that, but did want to wish you good luck (and a fair judge) at your hearing.

i was approved in michigan good luck

Hi bretd
 

I will pray you get the SSD. I know all about going into debt. I could not save any money two generations saved for, before I got my SSD. My house is on the market. I hope you can survive, and that this is granted to you to prevent financial ruin. Our country should not require you to be destitute before granting this needed service. I will keep you in my thoughts and prayers, ...your lawyer too....ginnie:hug:

Our country doesn't require you to be destitute before approving SSDI claims.

Dear Finz
 

NOT TRUE FINZ AT ALL.... I had a trust from my mother to keep me in my home and pay for the taxes. It was written in that I may not spend anyof it except for the taxes. The Gov. did not care one bit, that I had this legal from a lawyer. I was foced to spend every last dime two generations saved for before I was allowed SSDI. Tell me again what country I live in? And just why I am loosing my home right now after 35 years of work.? I am a bit teed off over this Finz, it happened to me, and nobody stepped in to save me from this either. ginnie

Ginnie has a very complicated and rare situation, and will not relate to 99.99% of other applicants, and involves other agencies and benefits then SSDI as well.

Finz is 100% correct that you do not have to be destitute to receive SSDI.

To receive SSI and Medicaid benefits, a person must have access to very few resources.

The issue that tends to effect people is if they apply for SSDI and are denied, if the process takes many years, they lose eligibility if they want to start a second application down the line after they exhaust all legal options with the first application. For those with a home and/or married, they will likely not qualify for SSI.

Re: this state is different
 

Little Love, my home is not even in my name. The trust for my taxes was. This was a legal document ignored by my government. I was only allowed to have 2,000 to my name before i was allowed SSDI. That didn't cover even one years taxes. I am not the only person in this country whos parents tried to help their offspring who were denied medical coverage due to pre- existing conditions. That was the only way to help me, since insuance was not possible. First to be deniend any insurance, then to loose the money to pay to keep you in your home that you worked for is not fair. My parents would have given all funds to my son outright had they been told the truth about medicare and medicaid/ SSDI. The lawyer who wrote the document didn't have enough education himself to know the laws involved with these agiencies. What chance do you think my 86 year mother had with trying to understand the laws down here? Hind sight is a great teacher. All this was, were loving parents that tired to protect their sick daughter from the state taking away everything she had, and that we all saved for. Bitter is a bit of an understatement. I worked 35 years, some reward. ginnie:mad:

I too want to add that to get SSDI benefits, you do NOT have to have assets under $2000. To get Medicaid and SSI, your countable resources do have to be under $2000 but not for SSDI. And since SSDI and SSI are federal programs, the rules are the same in all 50 states.

For BRETD, there are approvals on remands. Don't know if you will be one of them. The ALJ will have to address the errors found by the Appeals Council in the next decision. So it depends upon how severe those errors are. This is absolutely the time to have a good lawyer since they are making a legal evaluation of your medical evidence.

Frequently property taxes can be reduced or deferred for the disabled, btw. Every county has it's own rules.

Ginnie, Clearly you and your parents received legal advice that was ill advised to say the least.

I can empathize with your situation, I just don't want anyone to be confused about SSDI benefits. SSI/Medicaid has asset and income restrictions, SSDI/Medicare does not.

Here is a good link explaining why the government has some of these rules in regards to Medicaid--check out the section on Public vs. Private Interest specifically http://aspe.hhs.gov/daltcp/reports/hometreat.htm

Hi Lit Love
 

In my county, only if you are paralized from the neck down is there a program to help with the taxes. That was the surgery I had to prevent this from happening to me. Sometimes I think that would have been better, than to loose my home. I do have Medicare, and yes I had to have under 2,000 for that and SSD. So just what is suppose to happen to people like me? You choose your surgery, and give up your home. some choice. I had 9 sugeries, before medicare and SSD was granted. ginnie

Medicare for the disabled as well as for retired Americans, with enough work credits, have no asset restrictions. There are millions of people that own their own homes and receive SS benefits and are able to keep their homes. Even at the point they need Medicaid, the rules often allow them to retain their home.

Ginnie, I believe it is not the Medicare portion of your benefits that has asset restrictions. It's SSI and Medicaid. It should explain your benefit type on your award letter.

Even those receiving SSI can retain their own home as explained in this link.
http://www.disabilitysecrets.com/how...isability.html

If she is not confusing Medicare with Medicaid, and SSDI with SSI, then the only other answer I have is that there is Medicare for Ginnie with these restrictions and then there is Medicare for everyone else, including the wealthy, that has no limits on total assets. Wealthy people use Medicare every day. But they don't get Medicaid.

Yes you are both right
 

I had enough credit to qualify, but barely due to the constant medical problems that happend. They were interupted. On medicare, SSD, it did state I was not allowed those funds, Well that is just the same thing as saying goodbye to a home you worked for. I do not agree with how they work that for anyone. Do they think putting me in public housing is cheaper than letting me keep the funds to pay my taxes?, I think not. I will cost the state more this way, and definately be in harms way. I blame the lawyer for not being informative, not just the Gov. Nothing was explained to my mother, and I was from the generation, that never questioned what their parents wanted for them. Had I been informed, all money would have been given to my son, not put in a place to pay for my taxes. The average person doesn't know this, and for certainly not my lawyer, or my parents lawyer. Funds were specifically set aside legally, in a document. I don't understand why it was ignored, dismissed, taken, yet I am to abide by this same document. ginnie

denied
 

It was medicaid I needed, since I was not allowed to use the trust money to keep myself alive. That is where they said NO. This was written into the document. SO I went and used the funds anyway, leaving me open to being sued actually by the beneficiary of the trust as I was using money not designated for medical. My own children could have sued me, for me choosing to live. Not right....ginnie

Ginnie,

It might be easier in the future for new posters to understand, and cause less debate with other posters, if the correct terms are consistently used.

The Social Security Administration does not have a benifit program called SSD. Referring to SSD, even if a new poster does it in error, can cause confusion. The two programs usually discussed here are SSDI (social security disability insurance for those who have worked enough recent quarters has NO income qualifications) and SSI (supplemental security insurance for those who are disabled and low income and low resources).

Giving answers about one program when a member is discussing another program can cause confusion.

It's also not right to blame the US government for upholding their laws.

It's unfortunate that you and your parents thought that the real estate and financial assets to provide for you would have gone farther. It's unfortunate that you or they thought you could have those assets and that you would also be able to take advantage of a program designed for people with minimal assets. It's unfortunate and possibly illegal if your parents were misled by their lawyer. None of that is the fault of the US government or the Social Security Administartion.

Bumping up the original post by bretd , it'sgone a bit off track.:cool:

I don't know how my post created so much about assets. I filed for social security disability, and weather you are approved or not has nothing at all to do with your assets. Its based on your medical disability under there rules. Weather mental or physical. They have an entire set of guidelines for you to meet. I meet them, the judge hung his hat on one therapist I saw that said I could do sedentary work. I sure did'nt post anything about assets, I was affraid of losing my house because I have no money to pay the mortgage. I have a lawyer and have had one from the start. He is a very good lawyer, he got this remand hearing coming up when 98% of claims sent to the appeals council get denied. I have been in constent contact with my congressman. I have read more on social security disability the last four years than most people will ever do. I posted what I did in hopes of finding some one who maybe going thru a similar situation.

I sent you a pm yesterday. Sorry for getting off topic again.

Brett, I lost my first hearing and my lawyer immediately appealed to the Appeals Council. It was before SS changed their rule about not being able to file a 2nd claim and appeal concurrently. I was approved on the 2nd application and the 1st application was remanded, with the cases combined. When they remanded the case, they combined the 1st claim and 2nd claim, meaning the ALJ could actually make an unfavorable ruling and I could have lost everything. It was remanded to the same ALJ that denied it, who had the worst approval rating in the state. At the hearing, my attorney offered to amend the onset date. It was later approved with the new onset date. What helped was that after my 1st claim was denied, I kept up my regular doctor appointments and had additional diagnostic test results that supported my disability.
No ALJ likes to have their decision remanded, but in most cases of remands the judge is directed by the appeals council to consider the evidence neglected in the case. If the evidence supports your disability, you have a good chance. All I can suggest is try and keep a positive outlook, even though so much is on the line. Its easier said than done. I drove myself crazy. If your attorney can negotiate a new onset date that could help your chances.
Good luck and keep the faith.

Re: hearings
 

I will keep all of you in my prayers. I went through 4 years of hell getting my approval as well, and in that time frame had 9 surgeries. There is something terrible wrong with this system. There must be a change, so that people truely needing these services will not be denied time and time again. While you wait, you go broke. It happened to me as well. Please keep fighting for your approval, and know that prayers are for all of us. ginnie:hug::grouphug:

We changed the onset date at the last hearing, and he still did'nt go for it. So I don't know. We just got back from court filing bankrupcy, who know's if that means anything to them people. day after tomorrow we will see.

I'll say a prayer for you and your family.....and be thinking of you on Friday.

I was lucky that my husband is healthy and working so the waiting period didn't bring the financial ruin that you guys are dealing with. As it was, we still had to borrow money from my parents during that time, and a lot of the backpay went to paying them back and paying off credit cards. The money would have gone much further without paying off the interest if my approval had come sooner so we could pay expenses as they came due.

I hope everything goes well for you with a decision in your favor and a quick backpay check. Best wishes on Friday !

From Michigan as well, hus was denied last year, attorney filed for an appeal, and we have a hearing with ALJ in couple of months. Pray we get a good judge.

Can you tell me what happens at ALJ hearing? Was there a voc expert there hired by government?

I sent a reply on your other post.....

Ok- thanks for replying fellow Michigander:winky:

Hi, about the hearing
 

The thing that helped me to get my dissability was a three page letter, personally written by my PCP. Of all evidence, this one letter is what decided the favorable hearing. I really hope you get the dissability. It did come to late for me financially, and broke the bank shall we say? None of this is easy, and surviving deep in debt is terrible to go through. I will pray for all of you. ginnie:hug: