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Old 04-17-2010, 03:50 PM #27
Janke Janke is offline
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Join Date: Sep 2008
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Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
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Quote:
Originally Posted by Feel the Burn View Post
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.
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