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-   -   Won reconsideration appeal (https://www.neurotalk.org/social-security-disability/160145-won-reconsideration-appeal.html)

bdh1 11-01-2011 02:46 PM

Won reconsideration appeal
 
I won my reconsideration appeal for SSDI.
I originaly applied 9/2009 from a car accident in 8/2008 that left me with double vision, psycological and nuerological problems. In Mar, 2010 I had eye surgery that corrected my double vision. They sent me to their Dr., a internal medicine Dr., who saw me for about 15 mins. and would not listen to my complaints. Next, they sent me to their psycologist/ marriage counseler/ minister (I checked his background) who was supposed to give me tests that were supposed to last about 3 hrs. It took him about 30 mins. SSDI approved back pay from 9/2008 to 5/2010 (minus the 5 mo. waiting period). This was a closed end settlement with no monthly benefit. They said from the medical information that was now able to work since I no longer had double vision. (I was a electrician and 43 yrs. old). This was Jan, 2011. I Immediatly filed a reconsideration appeal. I noted in the appeal form that the psycologist they sent me to, only saw me a brief period and seemed to be in a hurry and was very unprofessional. In Aug 2011 they sent me to their psychiatrist who spent about 3 hrs with me. On Oct 28,2011, I received my "Notice of Award" for monthly benefits. They even put me on Medicare for $115 a mo. (ouch).
I've been reading this forum for a couple of years but never joined but I learned alot and I appreciate having access to it.
After laying out the past 3+ years of my SSDI experience, I have a question that Social Security couldn't answer when I called them. My first back pay period ended May 2010. The letter from SS says "We found that you became disabled under our rules on Sept. 1, 2010. This is different from the date given on the application." When I called SS, the lady said she had no idea why they changed it but I could appeal within 60 days. Since I haven't received my back pay yet, I'm kinda afraid to appeal because it might stop or hold up my back pay. I'm just wondering what happened to June, July, and August.
Has anyone ever ran into this or can understand it?
Thanks!

LIT LOVE 11-01-2011 05:29 PM

When you file reconsideration or an appeal, you're doing so for the entire decision--not just the part you're unhappy with. Unless I'm missing something, you will now get monthly benefit, but not the original closed period award. I'm NOT positive about this, so please confirm before getting upset.

Call your LOCAL Office, not the national 800# (you maybe did the first time I couldn't tell from your answer) and they'll be able to tell you if you're still entitled the backpay going back to 2009.

Receiving Medicare Part B is not mandatory, but certainly a good value if you can afford it. Some states will cover your premium if you qualify for SSDI and/or put you on (medically needy) Medicaid. I'd at least research it.

Quote:

Originally Posted by bdh1 (Post 820820)
I won my reconsideration appeal for SSDI.
I originaly applied 9/2009 from a car accident in 8/2008 that left me with double vision, psycological and nuerological problems. In Mar, 2010 I had eye surgery that corrected my double vision. They sent me to their Dr., a internal medicine Dr., who saw me for about 15 mins. and would not listen to my complaints. Next, they sent me to their psycologist/ marriage counseler/ minister (I checked his background) who was supposed to give me tests that were supposed to last about 3 hrs. It took him about 30 mins. SSDI approved back pay from 9/2008 to 5/2010 (minus the 5 mo. waiting period). This was a closed end settlement with no monthly benefit. They said from the medical information that was now able to work since I no longer had double vision. (I was a electrician and 43 yrs. old). This was Jan, 2011. I Immediatly filed a reconsideration appeal. I noted in the appeal form that the psycologist they sent me to, only saw me a brief period and seemed to be in a hurry and was very unprofessional. In Aug 2011 they sent me to their psychiatrist who spent about 3 hrs with me. On Oct 28,2011, I received my "Notice of Award" for monthly benefits. They even put me on Medicare for $115 a mo. (ouch).
I've been reading this forum for a couple of years but never joined but I learned alot and I appreciate having access to it.
After laying out the past 3+ years of my SSDI experience, I have a question that Social Security couldn't answer when I called them. My first back pay period ended May 2010. The letter from SS says "We found that you became disabled under our rules on Sept. 1, 2010. This is different from the date given on the application." When I called SS, the lady said she had no idea why they changed it but I could appeal within 60 days. Since I haven't received my back pay yet, I'm kinda afraid to appeal because it might stop or hold up my back pay. I'm just wondering what happened to June, July, and August.
Has anyone ever ran into this or can understand it?
Thanks!


bdh1 11-02-2011 02:34 PM

Quote:

Originally Posted by LIT LOVE (Post 820884)
When you file reconsideration or an appeal, you're doing so for the entire decision--not just the part you're unhappy with. Unless I'm missing something, you will now get monthly benefit, but not the original closed period award. I'm NOT positive about this, so please confirm before getting upset.

Call your LOCAL Office, not the national 800# (you maybe did the first time I couldn't tell from your answer) and they'll be able to tell you if you're still entitled the backpay going back to 2009.

Receiving Medicare Part B is not mandatory, but certainly a good value if you can afford it. Some states will cover your premium if you qualify for SSDI and/or put you on (medically needy) Medicaid. I'd at least research it.

About the reconsideration appeal, it appears you are right, If I appeal the part about the gap in back pay, I open the whole thing for a ALJ to look at and could lose everything, so I'll just "let a sleeping dog lie".
To clear up the back pay, I already received it for the period 9/2008 to 5/2010 (minus 5 mos.) My next back pay will be from 9/2010 to 9/2011. It looks like they are saying I wasn't disabled for the months of 6, 7, & 8 2010.
Don't get me wrong, I thank God I got what I did and glad this ordeal is over. It looks like i made out better than most that have to wait years for a hearing for their appeal. The local Social Security office had no idea as to why they changed the date.
Thank you very much for your advice about the appeal. Also, it appears that the state will pay my Medicare premium since my income falls within that range. Thanks again.

echoes long ago 11-02-2011 08:58 PM

i had to eat 7 months. my date was moved from march to october and i was given a fully favorable decision. i could have appealed but i figured a bird in the hand was worth two in the bush and moved on.

don1956 11-02-2011 09:02 PM

Quote:

Originally Posted by echoes long ago (Post 821311)
i had to eat 7 months. my date was moved from march to october and i was given a fully favorable decision. i could have appealed but i figured a bird in the hand was worth two in the bush and moved on.

hey hey "echoes"you sound like me:D:D

pwdavis1 11-02-2011 09:32 PM

I totally understand your situation.
 
My problems are with corporate insurance which wants to deny anything that needs to be done. Have been suffering for over 10 years with unexplainable pain. Have been sent to hypnotist, accupuncture, Mayo Clinic, Vanderbilt,Tn. and can,t get anywhere. have now been approved for SCS and will be doing it next Tuesday.





Quote:

Originally Posted by bdh1 (Post 820820)
I won my reconsideration appeal for SSDI.
I originaly applied 9/2009 from a car accident in 8/2008 that left me with double vision, psycological and nuerological problems. In Mar, 2010 I had eye surgery that corrected my double vision. They sent me to their Dr., a internal medicine Dr., who saw me for about 15 mins. and would not listen to my complaints. Next, they sent me to their psycologist/ marriage counseler/ minister (I checked his background) who was supposed to give me tests that were supposed to last about 3 hrs. It took him about 30 mins. SSDI approved back pay from 9/2008 to 5/2010 (minus the 5 mo. waiting period). This was a closed end settlement with no monthly benefit. They said from the medical information that was now able to work since I no longer had double vision. (I was a electrician and 43 yrs. old). This was Jan, 2011. I Immediatly filed a reconsideration appeal. I noted in the appeal form that the psycologist they sent me to, only saw me a brief period and seemed to be in a hurry and was very unprofessional. In Aug 2011 they sent me to their psychiatrist who spent about 3 hrs with me. On Oct 28,2011, I received my "Notice of Award" for monthly benefits. They even put me on Medicare for $115 a mo. (ouch).
I've been reading this forum for a couple of years but never joined but I learned alot and I appreciate having access to it.
After laying out the past 3+ years of my SSDI experience, I have a question that Social Security couldn't answer when I called them. My first back pay period ended May 2010. The letter from SS says "We found that you became disabled under our rules on Sept. 1, 2010. This is different from the date given on the application." When I called SS, the lady said she had no idea why they changed it but I could appeal within 60 days. Since I haven't received my back pay yet, I'm kinda afraid to appeal because it might stop or hold up my back pay. I'm just wondering what happened to June, July, and August.
Has anyone ever ran into this or can understand it?
Thanks!



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