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-   -   Confused and no answers (https://www.neurotalk.org/social-security-disability/117034-confused-answers.html)

Feel the Burn 04-15-2010 12:42 PM

Unemployment called me and I explained exactly why I was applying for benefits,, and told them about teh SSDI,, they said we dont care about that,, we dont consider that income,, I explained I was getting retraiend through the OVR,, and a few days later i got a approval letter,,, I caled teh state to make sure it was not in error,, and they assured me it was not,, and my company is not appealing me getting it,, I have Appt with OVR on April 22nd

plgerrard 04-15-2010 12:58 PM

Congratulations. That is great.

legalmania 04-15-2010 01:36 PM

I hope it's over for now FTB. I know you've been through a lot. Did you ever get the date straightened out?

Feel the Burn 04-17-2010 01:30 PM

Quote:

Originally Posted by legalmania (Post 644679)
I hope it's over for now FTB. I know you've been through a lot. Did you ever get the date straightened out?

As for the date,, I got a letter today from the lawyer,, he said that in his opinion, that when I went back to work after the filing date,, he felt that after I went back and fouind out I couldnt work, that SS would look at it like a failed back to work attempt,, of course I amnot taking his word on anything right now,, he also said that SS might come back at me later on and ask for a overpayment,, so I feel like i have a sword hanging over my head,,
Now,, for anotheir problem,, The state is giving me unemployment,, under the guise that I am goign to wrok through the OVRA to try and get retrained,, my employer is not contesting me getting unemployment,, but here the rub,, I also get short term disibility through hartford,, it was cut severely when I got SSDI,, from 500 to 167 a week,, now,, since i am getting unemployemtn,, I wonder if I need to contact hartford and let tehm know I am getting unemployment,, if i do,, I wnt get a diome from Hartford,, the offset will take it to negative numbers,,,
AND,, I have a long term disibility pending with them too,, this would last for 5 years,, prob at 167 a week,, that is if I get it,, but I suspect,, that there going to deny me on the grounds that teh disiblity that I have falls under a preexisting condition,, I think the only reasn I got it this time was becasue my union bitched to high heaven,, theyhad ooriginally denied me,,
I NEED ADVICE<< ANY ADVISE

legalmania 04-17-2010 02:50 PM

Quote:

Originally Posted by Feel the Burn (Post 645451)
As for the date,, I got a letter today from the lawyer,, he said that in his opinion, that when I went back to work after the filing date,, he felt that after I went back and fouind out I couldnt work, that SS would look at it like a failed back to work attempt,, of course I amnot taking his word on anything right now,, he also said that SS might come back at me later on and ask for a overpayment,, so I feel like i have a sword hanging over my head,,
Now,, for anotheir problem,, The state is giving me unemployment,, under the guise that I am goign to wrok through the OVRA to try and get retrained,, my employer is not contesting me getting unemployment,, but here the rub,, I also get short term disibility through hartford,, it was cut severely when I got SSDI,, from 500 to 167 a week,, now,, since i am getting unemployemtn,, I wonder if I need to contact hartford and let tehm know I am getting unemployment,, if i do,, I wnt get a diome from Hartford,, the offset will take it to negative numbers,,,
AND,, I have a long term disibility pending with them too,, this would last for 5 years,, prob at 167 a week,, that is if I get it,, but I suspect,, that there going to deny me on the grounds that teh disiblity that I have falls under a preexisting condition,, I think the only reasn I got it this time was becasue my union bitched to high heaven,, theyhad ooriginally denied me,,
I NEED ADVICE<< ANY ADVISE

I would read the contract with Hartford and see if there is anything about receiving unemployment, if the contract says anything about pre-existing conditions. It's a good thing you tried to work but can't. Not that I wish you ill health, it's good for your case. I just figured out that pending case and that comes out to a pretty good chunk of change. So your getting disability from the Hartford right now? Unemployment from the state? Ya, I would read the contract first and then call. It's better that you know if you owe anything. I'm sure you'll get quite a few ideas, so check back. I'm going to check something if it pertains to you I'll send a link.

legalmania 04-17-2010 03:19 PM

Here are some answers to some question by the Hartford. I don't know if this will help you I don't think they will.

https://www.thehartfordatwork.com/th...arn/faq.html#7

Janke 04-17-2010 03:50 PM

Quote:

Originally Posted by Feel the Burn (Post 645451)
As for the date,, I got a letter today from the lawyer,, he said that in his opinion, that when I went back to work after the filing date,, he felt that after I went back and fouind out I couldnt work, that SS would look at it like a failed back to work attempt,, of course I amnot taking his word on anything right now,, he also said that SS might come back at me later on and ask for a overpayment,, so I feel like i have a sword hanging over my head,,
Now,, for anotheir problem,, The state is giving me unemployment,, under the guise that I am goign to wrok through the OVRA to try and get retrained,, my employer is not contesting me getting unemployment,, but here the rub,, I also get short term disibility through hartford,, it was cut severely when I got SSDI,, from 500 to 167 a week,, now,, since i am getting unemployemtn,, I wonder if I need to contact hartford and let tehm know I am getting unemployment,, if i do,, I wnt get a diome from Hartford,, the offset will take it to negative numbers,,,
AND,, I have a long term disibility pending with them too,, this would last for 5 years,, prob at 167 a week,, that is if I get it,, but I suspect,, that there going to deny me on the grounds that teh disiblity that I have falls under a preexisting condition,, I think the only reasn I got it this time was becasue my union bitched to high heaven,, theyhad ooriginally denied me,,
I NEED ADVICE<< ANY ADVISE

Here's some any advice:

Keep your pay stubs. If you don't have them, get them. In order for SSA to make a decision that you had an unsuccessful work attempt, they will need to know exactly what day you started work and exactly what day you stopped. There is a definition of an unsuccessfull work attempt that SSA will use and the dates you stop and start work are a integral part of that decision. Generally, if you worked less than three months and stopped because of your medical condition, and had a break in work activity for a specified period of time (can't recall right now), it would be an unsuccessful work attempt. If you worked 3-6 months, it might be an unsuccessful work attempt. If it was over 6 months, it probably was not an unsuccessful work attempt.

But the dollar amount of money you earned each month will also need to be verified to determine if the work is Substantial Gainful Activity. Pay stubs can provide that data. A W-2 cannot.

Your earnings will be posted to your earnings record. SSA will find out whether you report it or not. These questions will have to be answered some day. If you take care of it now, the sword will not be haning over your head anymore. You may or may not like the outcome. But if you don't like it, you can always appeal that decision and provide new evidence.

Not going to attempt to give advice about the second issue.

Feel the Burn 04-17-2010 07:20 PM

After reading over the Hartford paperwork,,I will have to report teh unemployment income,, which will reduce my short term Dis to nothing,, I kow in the long run they werent going to give it to me anyway,, as for SSDI,, I am going to make a attempt to get this straight one way or the other this coming week,, I just dont sleep well at night knowing all this is hangng over my head,, and I was aware that my earnings statement would whow them my work attempts in late 09,,, I just cleared out all my folders of old paperwork,, made a phone call to rochester Min for a hotel when I go to Mayo in may,, I jsut need to get this SSDI thing right and I;lll feel better

Feel the Burn 04-17-2010 07:22 PM

Quote:

Originally Posted by Janke (Post 645490)
Here's some any advice:

Keep your pay stubs. If you don't have them, get them. In order for SSA to make a decision that you had an unsuccessful work attempt, they will need to know exactly what day you started work and exactly what day you stopped. There is a definition of an unsuccessfull work attempt that SSA will use and the dates you stop and start work are a integral part of that decision. Generally, if you worked less than three months and stopped because of your medical condition, and had a break in work activity for a specified period of time (can't recall right now), it would be an unsuccessful work attempt. If you worked 3-6 months, it might be an unsuccessful work attempt. If it was over 6 months, it probably was not an unsuccessful work attempt.

But the dollar amount of money you earned each month will also need to be verified to determine if the work is Substantial Gainful Activity. Pay stubs can provide that data. A W-2 cannot.

Your earnings will be posted to your earnings record. SSA will find out whether you report it or not. These questions will have to be answered some day. If you take care of it now, the sword will not be haning over your head anymore. You may or may not like the outcome. But if you don't like it, you can always appeal that decision and provide new evidence.

Not going to attempt to give advice about the second issue.

It was definately less then 3 months from sept 09 to dec 09,,, ona nd off for daqys and weeks at a time,, but I might get burned on the SGA

Janke 04-17-2010 07:47 PM

Uwa
 
Quote:

Originally Posted by Feel the Burn (Post 645539)
It was definately less then 3 months from sept 09 to dec 09,,, ona nd off for daqys and weeks at a time,, but I might get burned on the SGA

Read this. It's what the claims rep in your local office will refer to.

https://secure.ssa.gov/apps10/poms.n...5!opendocument


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