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Old 01-26-2011, 12:55 AM #1
legalmania legalmania is offline
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Someone that I helped get benefits a few years back, called me very upset. She told me her benefits were being stopped in March because she no longer was available for SSI. I told here to call the SSI local office and find out why, there was no explanation in the letter. The SSI administration said they had nothing in their system that showed her benefits were stopping. So I asked her if she could fax me the letter. In receiving the letter, I noticed my name at the top with her address and SS#. Because I was the representative someone put my name as the claimant. Even though they made this error she still has to file an appeal so her benefits won't stop, until we straighten this out. This is just some of the emotions and stress of the SS administration. So when you get a letter make sure you keep it make copies and don't ignore it if it's a mistake, because even though it is totally their fault she still has to prove they made that mistake.
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Old 01-10-2011, 03:51 PM #2
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Default dear mz

no I was not lucky to recieve a favorable decision the first few rounds. I was not able to do any of the paperwork on my own, even though I wanted to. There was a trust from my mother that played hell with what the agencies had for its rules. I had to spend the money for the attorney, as this trust existed at the time. I do not think after this experience I would advise any parent to leave a trust to a child having medical issues. My mother tried to help me as she knew before she died that I was having medical problems. This trust complicated all matters in the tens of degrees. I was not allowed to keep my familys' trust. I was required to use all assets and go broke before I was able to receive my benefits. All my parents savings were required to be used and that was not hard to do with 7 surgeries. The whole process is lousy to go through lawyer or not. People who are sick and injured have so much more on their plate to deal with. When you are in pain it is hard to do anything at all much less have to yak with all these agencies. Even when you have a real case, real dissability, it is not easy. Just venting again to day, since I am writing letters and sending certified mail again. ginnie
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Old 01-10-2011, 05:03 PM #3
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no I was not lucky to recieve a favorable decision the first few rounds. I was not able to do any of the paperwork on my own, even though I wanted to. There was a trust from my mother that played hell with what the agencies had for its rules. I had to spend the money for the attorney, as this trust existed at the time. I do not think after this experience I would advise any parent to leave a trust to a child having medical issues. My mother tried to help me as she knew before she died that I was having medical problems. This trust complicated all matters in the tens of degrees. I was not allowed to keep my familys' trust. I was required to use all assets and go broke before I was able to receive my benefits. All my parents savings were required to be used and that was not hard to do with 7 surgeries. The whole process is lousy to go through lawyer or not. People who are sick and injured have so much more on their plate to deal with. When you are in pain it is hard to do anything at all much less have to yak with all these agencies. Even when you have a real case, real dissability, it is not easy. Just venting again to day, since I am writing letters and sending certified mail again. ginnie
I am so sorry things are not going good for you. I can't say I know how you feel because nobody really knows how someone else feels, however some people have an idea of how you feel and it sounds like lousy might describe it. I guess your mother would have never left you that money had she known it was going to make things so bad for you. It sounds like you are trying to get things under control. May I suggest that when you write the letters try to use rules or statutes. For example write according to Title 42 section 435.120 (B) it says...... If you find this to hard let me know and maybe I can help you find the right statute or rule that applies to you. When you go to the SSI.gov website you can find these statutes if you go to the search window. By sending it certified is good that way they can't say they didn't receive it. Well hope you feel a little better and if you need something we are all here for you.
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Old 02-07-2011, 10:15 AM #4
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Default Hi legal mania

Thank you for your response, I will be back in the attorneys office today. DCF wants an interview by phone with two of them against me. NO WAY. I will have the law in front of me through my attorney. I know that right now, I cannot do the research this would require. My BP soared, 225/100 with dealing with it. I had to get the help or go crazy. My son will pay my fee. In changing from DCF to SSID something went wrong. I will find out for sure just what can be done. thanks ginnie
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Old 02-07-2011, 08:29 PM #5
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Thank you for your response, I will be back in the attorneys office today. DCF wants an interview by phone with two of them against me. NO WAY. I will have the law in front of me through my attorney. I know that right now, I cannot do the research this would require. My BP soared, 225/100 with dealing with it. I had to get the help or go crazy. My son will pay my fee. In changing from DCF to SSID something went wrong. I will find out for sure just what can be done. thanks ginnie
Holy heart attach ginnie watch that BP or you won't be in any condition to even type here. It sounds like a real mess your in and an attorney seems your only way out. I don't understand why they seem to be punishing you, when people who caused the collapse of the economy (Sally Mae, Freddie Mac) are walking around with a slap on the hand. When I hear stories like this my blood boils. Well let us know what happens. It looks like you are heading in the right direction.
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Old 02-11-2011, 09:17 PM #6
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i got my approval letter today. i'm happy but it says approved as of feb 2011. so that means no back pay... which is bs!
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Old 02-12-2011, 10:27 AM #7
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Default Hi legalmania

I do need help. I think it has to be with a lawyer to find those statutes however. I am being penalized, for not paying taxes on a home I do not own. I need a statute in writing about that. My home is in trust to me. The money from the trust is gone, only this house remains. My gov. would not let me keep the money in there so I could pay my taxes. I was required to use all monies before help was given, even though the trust said I may not use it for medical. The trust was to keep my in my house by paying for the taxes. Since they made me use it all up, I now have not tax money. Do you see?
The Gov. did not care what my trust said. I was not allowed to have it and when I just had medicare, I was responsible for the 20%. Hence all money was used up. It is a horrible situation. ginnie thank you for this venting space, I am going nuts with this
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Old 02-14-2011, 05:22 PM #8
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Originally Posted by ginnie View Post
I do need help. I think it has to be with a lawyer to find those statutes however. I am being penalized, for not paying taxes on a home I do not own. I need a statute in writing about that. My home is in trust to me. The money from the trust is gone, only this house remains. My gov. would not let me keep the money in there so I could pay my taxes. I was required to use all monies before help was given, even though the trust said I may not use it for medical. The trust was to keep my in my house by paying for the taxes. Since they made me use it all up, I now have not tax money. Do you see?
The Gov. did not care what my trust said. I was not allowed to have it and when I just had medicare, I was responsible for the 20%. Hence all money was used up. It is a horrible situation. ginnie thank you for this venting space, I am going nuts with this
Here is some information on trusts. If you scroll down about halfway there are links to the Social Security Act. Maybe you can print these out and give them to the attorney.

http://www.socialsecurity.gov/ssi/sp...pot-trusts.htm

Did you tell them you have to pay your son back? If you click income it says they don't count SSI for the following reasons.

loans to you (cash or in–kind) that you have to repay;
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Old 02-10-2011, 03:07 AM #9
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Default The Stress and Emotions behind SS Disability

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Originally Posted by legalmania View Post
Not true, benefits apply until 18. I realize it's not life long however, a women decides to be a stay home mom, then 8 yrs later she is in a horrific accident, her family gets stuck with taking care of her, until she is 62 when she is able to get her husbands benefits again. That law is still in effect, they made it smaller with the overhauled website.

Benefits for children

If a child is getting benefits based on your work, there are important things you should know about his or her benefits:

* When a child reaches age 18




A child’s benefits stop with the month before the child reaches age 18, unless the child is either disabled or is a full-time elementary or secondary school student.
— About five months before the child's 18th birthday, the person receiving the child's benefits will get a form explaining how benefits can continue.
— A child whose benefits stopped at age 18 can have them started again if he or she becomes disabled before reaching age 22 or becomes a full-time elementary or secondary school student before reaching age 19.

Note: If a widow or widower is caring for the deceases' children receives Social Security benefits, he or she is eligible if disability starts before those payments end or within seven years after they end.

************************************************** *****
** Janke was clearly refering to the widow/widower collecting survivor's benefits when writing, "Survivor benefits were never designed to provide a life long benefit for able bodied adults and if a widow/widower chose to stay out of the workforce after her/his child turned 16 and they were still able bodied, why should they qualify for disabled widow's benefits 8 years later? Why didn't they go to work and earn their own Social Security credits?"

That is absolutely correct, per the SSA right here........

from: http://www.ssa.gov/survivorplan/onyourown2.htm
"•Your widow or widower who has not remarried can receive survivors benefits at any age if she or he takes care of your child who is under age 16 or is disabled and receives benefits on your record"
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Old 03-17-2011, 11:35 PM #10
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Default I'm waiting for my decision, and it's stressful!

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This thread is for those who feel they just need to express some of the feelings they have while waiting for their SS decision.

I have helped a few people get Social Security Disability and I must admit it becomes so hard to hear how they are suffering. They have no money, how will they pay their bills? They are in pain and need to see their doctor, what can be done? All these questions seem to be addressed to me all the time. Unfortunately I cannot always answer their questions, so I'm hoping everyone who has questions and positive answers come together on this thread and maybe we can help each other.

I'm looking for positive feedback, I know sometimes there is not a whole lot that can be done, but lets do out best for the ones who are waiting and need someone to talk to and give them a positive outlook even if it is just for enough time to give them a good nights rests, or even a good afternoon. So to all of you out there with a pending case, this thread is for you.

I am also going to start a thread at the "social chat" on this site.
I just registered for this site today, after lurking for a few hours and checking it out. I had a reconsideration of a not favorable ruling hearing a couple of days ago and I think it went well, but I won't be un-stressed until I see money in the bank. I've been retired on disability pension since Jan 2008. Out of work since 2007 on short term disability. The judge didn't ask the vocation expert anything and stopped my testimony partway through, telling my attorney that he had enough info to make his decision. My attorney says that's a good thing. I have 8 bad discs, sciatica, peripheral neuropathy, hiv, migraines, shooting pain down right arm and right hand doesn't work part of the time. Oh, and chronic kidney stones from the topomax. I also take oxycodone, tizanidine, ambien, frova, atripla, metaprolol, marinol, combivent, use a nebulizer for athsma, and crestor for lipid disorder related to the hiv.
I hope for the best, and keep positive thinking, but it's been over 3 years that they owe me for now, and I really need this income. I don't choose to sit home all day over working. I've always worked and I had a good union job with job security. I didn't give it up because I wanted to. I did it because I had to.
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