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-   -   Brothers Back Pay need HELP! (https://www.neurotalk.org/social-security-disability/152915-brothers-pay-help.html)

artjunki 07-01-2011 05:00 PM

Brothers Back Pay need HELP!
 
So six months ago my brother was finally approved for his ssdi benefits. Hes been waiting to receive his back pay. He got really upset today after calling the ss office to ask about why things were moving so slow. They told him today that he was eligible for ssi so they would be splitting the backpay up into payments rather than one lump sum which he was expecting. They also mentioned the windfall elimination provision. Im trying to help keep him calm. Hes drawing because of mental issues and is really upset about not getting the lump sum because he was going to use it to fix his teeth. He suffers from intense depression and it was scary earlier because he started throwing away his meds saying he wouldnt need those anymore. Hes tried to kill himself once before so i just need some input so i can keep him calm. My mother called his lawyer just now but hes yet to call back and with the holiday coming up who knows when he'll get back to us. Can anyone tell me what is going on? The lawyer has already been paid. If he's drawing ssdi what does it mean when they say hes been approved for ssi? What changes? This is all so confusing.

Janke 07-04-2011 12:03 AM

Quote:

Originally Posted by artjunki (Post 783032)
So six months ago my brother was finally approved for his ssdi benefits. Hes been waiting to receive his back pay. He got really upset today after calling the ss office to ask about why things were moving so slow. They told him today that he was eligible for ssi so they would be splitting the backpay up into payments rather than one lump sum which he was expecting. They also mentioned the windfall elimination provision. Im trying to help keep him calm. Hes drawing because of mental issues and is really upset about not getting the lump sum because he was going to use it to fix his teeth. He suffers from intense depression and it was scary earlier because he started throwing away his meds saying he wouldnt need those anymore. Hes tried to kill himself once before so i just need some input so i can keep him calm. My mother called his lawyer just now but hes yet to call back and with the holiday coming up who knows when he'll get back to us. Can anyone tell me what is going on? The lawyer has already been paid. If he's drawing ssdi what does it mean when they say hes been approved for ssi? What changes? This is all so confusing.

There are exceptions to installment processing for SSI.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0502101020

4.b may apply. He can bring the estimated dental bill and make a request. Should be approved. Seems to fit.

They probably mentioned windfall offset which is different from windfall elimination even though both use the term windfall. It means that the SSI is repaid from the SSDI to the extent of the amount the SSI would have been had the SSDI been paid on time. Read it a few times. It may understand.

artjunki 07-04-2011 11:37 AM

I dont understand why they would just now start talking about the windfall offset? why didnt his lawyer mention this when everything was still going on? Why would he be awarded an amount by the judge and then they can turn around and say that he doesnt deserve that much. And he was never drawing ssi. So my confusion stems from how they can say, he was eligible for ssi so it will affect his backpay but when he first applied for everything he was not awarded ssi?

Janke 07-04-2011 07:07 PM

Quote:

Originally Posted by artjunki (Post 783735)
I dont understand why they would just now start talking about the windfall offset? why didnt his lawyer mention this when everything was still going on? Why would he be awarded an amount by the judge and then they can turn around and say that he doesnt deserve that much. And he was never drawing ssi. So my confusion stems from how they can say, he was eligible for ssi so it will affect his backpay but when he first applied for everything he was not awarded ssi?


You won't find a dollar amount in the ALJ decision. All you will find is a list of medical evidence, a diagnosis, a date last insured and a date of onset. No dollar amounts. ALJ did not award him any amount.

The ALJ decision should also reference whether this is strictly a Period of Disability and Disability Insurance Benefits or if it includes Supplemental Security Income. Since I can't read the decision, I can't tell you. Don't know why the attorney didn't tell your brother, but maybe he did and your brother didn't understand it.


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