SSDI denied again.

ALASKA MIKE · 05-11-2010, 01:21 AM

Quote:

Originally Posted by Jimking

My wife Suzy, who has RSD, was denied SSDI again. Not only was she denied a claim but denied her day to present her case in front of a judge with her attorney present for the first time sinse 2006 when she first applied. In the letter, the judge refused to hear her case, Why? The judge refered us to read the "Order of Dismissal" in which it states:

"The record shows that the claimant has engaged in significant work since his alleged disability onset date. It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible.

The case is remanded to the district office to obtain documention of the monthly wages and hours worked since disability onset date."

I am sure of two things, one--my wife is a female and two- she has not worked sinse 2006, at all ever, I don't think she hasn't, I know for a fact she hasn't. A matter of fact I wish she could work and she would too!!!
One thing I'm not quite understanding about the Order of Dismissal is where it states:

"It apppears that the monthly earnings may be sufficient to commence and perhaps conclude a trial work period. Moreover, it appears that the trial work period may have commenced within 12 months of his alleged disability on date, which is impermissible."

This sounds to me a person who may have had SSDI and was working under the table of sorts, or some manner, because of the wording of "trial work period". Or maybe its a WC case? Or could it be someone who has SSDI is working partime trial basis?

In eitherway clearly SS has denied my wife her day infront of a judge with her lawyer because they've mixed her up with someone else. Monday morning I'll contact her lawyer. If anyone can shed some light or experience on this mess I would surely appreciate it.

jim

make sure they(last job) did not cash in her sick pay, vacation, 401k loans etc.. as income that would look like she worked.

i was told that you cant work part time or even volunteer for free because this would prove that you can work a little. they can take your disability away or not approve it.

i have a bad headache somaybe this isnt making much sense, hopefully you understand what i am trying to say.

good luck,

gabbycakes · 05-11-2010, 05:43 AM

Quote:

Originally Posted by ALASKA MIKE

make sure they(last job) did not cash in her sick pay, vacation, 401k loans etc.. as income that would look like she worked.

i was told that you cant work part time or even volunteer for free because this would prove that you can work a little. they can take your disability away or not approve it.

i have a bad headache somaybe this isnt making much sense, hopefully you understand what i am trying to say.

good luck,

I worked PT almost the whole time I was waiting for my decision. You can make up to $980 per month before they start to deduct from your monthly benefits. A matter of fact when I first applied and got denied the first time in the deniel letter from the SS Office they stated I should try and work PT, which I did exactly what they said. When I got an attorney to do the appeal and then got a "Fully Favorable" decision he felt it worked to my benefit that I at least tried and continue to work PT on the books. I get my s.s. check every month without any deductions...Please check with your attorney or you local SS Office before you change anything if you are fighting a deniel.
You do have to be very carefull when yo do work PT not to go over that $980 per month. My previous post on this subject explains what happened to me.

Good Luck to all,

Gabbycakes

Good Luck to all.

Jimking · 05-11-2010, 11:34 AM

Thanks everyone for their response! It appears ALASKA MIKE maybe on to something and my dates got mixed up. When my wife applied for SSDI she hadn't worked or received any moneys for 8 months. She listed her onset date, her last day she appeared at work but not before her employer payed her 6 months short term disability pay in which she was terminated afterward, 8 months later she applied for SSDI. I thought it was earlier but it wasn't. The confusion is the short term disability pay. SS needs us to show that it was in fact short term disability pay not hours worked. This I'm working on now and having success so far.

And I will admit I was very confused for a couple of days.

finz · 05-12-2010, 12:09 AM

Maybe when she gets Medicare, she can get that sex change operation

Jimking · 05-12-2010, 07:46 AM

Quote:

Originally Posted by finz

Maybe when she gets Medicare, she can get that sex change operation

The thought of SS getting the sex wrong has gotten under my skin a bit. Her lawyer said not to worry about it of course. All said and done Suzy applied for SSDI several months after she received her last paycheck from short term disability and listed her end date at work when she could no longer work, this was the question the folks asked her at SS when she applied not whether she drew short term disability. I will say Suzy worked a full 4 years with RSD until she couldn't do it any longer. My fear now is SS is going to find any excuse to reject her claim on a technicality if need be and we will never stop appealing.

dreambeliever128 · 05-12-2010, 11:43 AM

Nothing surprises me about SS. I went through so much crap to get mine years ago. My papers ended up in another state, they didn't know they had sent me or a Physc. evaluation. I finally got a State Rep that got mine.

Mike is also right on watching what you do while trying to get it or even after. My neighbor got a letter a few months back that she was being taken off of hers at 54. She had to go back to her lawyer to fight them again. If anyone deserves her disability she does. I do about 2 hours of volenteer work at the vets home now and even that worries me to do. Makes you wonder if they think you will die and get off of it faster by sitting on your *** doing absolutely nothing but looking out of a window at home.

There doesn't seem to be much organization in the system. You hardly ever hear of any case that runs smoothly in fighting for it.

Ada

Jimking · 05-12-2010, 12:44 PM

Ada, I'm already planning my next approach on top of an appeal if Suzy gets rejected again. I have written twice to my representative. They said they performed a "congressional inguiry" on her case but I've never seen any proof of that of one form or the other. The process sure wasn't sped up. Ada, may I ask what exactly did you do to motivate your rep?

thanks jim

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Denied	Lisa in Ohio	Reflex Sympathetic Dystrophy (RSD and CRPS)	12	04-18-2010 10:22 PM
SSDI denied again!	legzzalot	The Stumble Inn	18	04-02-2010 02:44 PM
Denied a public defender	befuddled2	Bipolar Disorder	13	09-21-2009 02:47 PM
I am again DENIED COMP	gibbrn	Thoracic Outlet Syndrome	17	10-22-2007 01:57 PM
claim denied of course	momzpeachy	Layoffs, Unemployment and Worker's Compensation	5	03-21-2007 05:58 PM

Site Navigation

NeuroTalk Online Support Groups

SSDI denied again.

NeuroTalk Forums