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Old 02-11-2012, 08:40 PM #1
Zevan Zevan is offline
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Default Unbelievable

I was on SSI for many years & was booted off due to coming into some money so I did not qualify anymore. Since that time I have been fighting to get my SSDI. I was told I would have to show I was currently seeing a counselor to help my case. The first woman I saw for a year, & she told me she knew I was disabled & would even go to court for me to testify. I finally got frustrated with her because I could tell she didn't remember most of the things we had already discussed. Taking notes would have been something I would do, but then that's just me. I finally requested another counselor but only saw her several times before she got another job. I listed the original counselor to show I had seen someone & expected her to at least be professional; however, to be vindictive she wrote in the notes I received from my attorney, who dropped my case, that I could WORK. This counselor suggested I hide income like she does. The place she works at deliberately works her only so many hours and her Mother hides her money. This woman is 40 yrs. old & I'm 60. I don't have a Master's degree like her I am a high school drop out.

The 2nd place I went to was the original place that put me on SSI. I figured they for sure would know what to do & review my record I already had with them. I just received my record from them today. The counselor who I really liked just made very trivial notes, completely different than all the records that got me SSI. Just stupid stuff like I was dressed nice & was talkative. She suggested I sell my house and I could get back on SSI. That is an INSANE idea. So then what am supposed to do, go rent somewhere and pay more money to do that? Plus I have a rental that helps bring in income. She wrote in the notes I was OBSESSED about getting my SSDI and medicare. Oh how dare I be concerned about getting kicked off of SSI and want to get my work related record after all the mental problems I have and the cancer I have battled. Once you have cancer it doesn't necessarily just GO AWAY...it is a life long battle and is very scary. Luckily when I got it I was on SSI so I had medi-caid. I am totally convinced that people who have health care don't care about others who don't. It's easy for them to act like it's no big deal. I feel bad but I'm hoping both of them lose their health care so they find out just exactly how it really is.

All of this has been a total waste of time..how can it go from being so severe I was put on SSI before without an attorney within two months? Now I have had two no good attorneys drop me & I went to the hearing & the lawyer just set there like a bump on the log. He was so stupid he thought I wanted SSI again. Sorry for venting...I'm making this way too long again & hope it post this time.
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Old 02-11-2012, 09:08 PM #2
ginnie ginnie is offline
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Default Hi Zevan

I do understand what you are going through with this system we have here. It isn't good. I don't know what you can do, except to go with an attorney to get your benefits back. I have medicare/medicaid and I received money to pay for my dental bill from my son. Just guess what they did? I have to go back and fight too. None of this is easy zevan, I know you are angry and hurting. Just keep up the fight and don't give up. ginnie
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Old 02-11-2012, 10:13 PM #3
Zevan Zevan is offline
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Two attorneys already dropped me & no other attorney will take my case. Thanks for your advise but it won't work for my situation. I just have to go without; there's nothing I can do.
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Old 02-11-2012, 10:27 PM #4
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Random thoughts. I have re-read some of your other posts as well.

Since you are age 60, in two years you should be able to get reduced retirement Social Security benefits if you have 10 years of work in your lifetime. Not the same as unreduced Social Security disability benefits that you are trying to get now, but it is something. You won't have Medicare until age 65 and the reduction for receiving retirement benefits at age 62 is permanent. Otherwise, you'd have to wait to file a retirement claim at age 66 and it doesn't sound like that is what might be in your best interest.

Since you are age 60, my previous suggestion about working for 5 years to get currently insured for SSDI doesn't make much sense either since at age 65 you could get Medicare. The only benefit would be you could then qualify for unreduced SSDI. That would help you only after age 65.

If you are widowed or a surviving divorce spouse who had a 10 year marriage, it is possible to file for widow(er)'s benefits at age 60.

I also agree that it is not necessarily a good decision to get rid of an income producing asset in order to qualify for public assistance. It is possible that you could be found not disabled for SSI. Maybe unlikely with your age and limited education and job history (since you have been on SSI for a number of years, I assume you did not work that much recently).

It would also be possible to sell your non-home property and put all the money from that into a home that you own outright. That would be fully excluded from resources. Any one car used for transportation (regardless of value), $1500 in burial funds (designated and separately identifiable), burial space items, household goods - all excludable from the $2000 resource limit. But if getting back on SSI and getting on Medi-Cal is not what you, then I guess you should ignore this paragraph.

Finding the paper evidence that you need to substantiate your disability before your date last insured doesn't seem to be working really well. Having someone testify that he took you to a doctor in some past year doesn't really prove that you were disabled at that time. And if these doctors/counselors didn't keep good written notes, it would even be hard for them to testify about your state of mind as of any given day.

You haven't stated your diagnosis, but since you want a counselor's notes, I am assuming it is something psychiatric in nature. Could be wrong and if so, I apologize. I don't really have any advice to help you get what you want.
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Old 02-11-2012, 11:19 PM #5
Zevan Zevan is offline
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I will get $200.00 when I turn 62. I wasn't married long enough to qualify for social security under my ex. When I turn 65 I will be able to get medicare if I live that long; however, because I didn't work long enough if I had to pay for it in today's time I would have to pay close to $600.00 a month for it. Imagine what it will be in five yrs. I can't get SSI ever again because I do not qualify. I do own my home outright & I have a rental and some stocks. If I didn't have these things I really wouldn't make it. To qualify for SSDI someone could be a multi-millionaire, income doesn't matter. I do have all the records from when I got SSI, there are completely different than the records I received from the 2 counselors I saw while I've been on this new merry go round. You wouldn't even think I'm the same person by reading the difference between the two.

Again....people who already have insurance most of the time are not concerned about others who don't. The counselors didn't care, they are already covered!!! It's a sad fact. I don't bring any of this up with people I know personally because I know people's attitudes regarding this. Many times it's sad it becomes a political debate even. I find it sad once someone has already proven to be disabled they would have to be put in the position I have been put in. I have had others say gee in 2 years you'll get Social Security anyway...disability pays way more, plus I would receive medicare immediately without the 2 year wait because I already was proven disabled. Thanks for your advise, honestly, but there's really nothing I can do. I have to pay extremely high rates for individual insurance that gets raised constantly & forever will have to pay even higher than standard rates because I was diagnosed with cancer when I was on SSI. I had trouble even getting insurance because of having a pre-exsisting condition.

For others reading this be grateful you got your social security; and for others fighting for yours you will most likely get yours, I know of no other in my position. I wish there was a support group for any others that have had this happen to them. I feel really alone with this. I cry all the time about this, I already have many mental issues & this causes me to feel like a loser regardless of how much money I have now. I'm far from rich believe me. I just don't qualify for SSI. What I paid into the system with all my hard work is going to others. The counselors claim I'm intelligent I guess because I figured this out. I have actually had some people to tell me to go get a job to start paying more into social security. They mean well I'm sure, but I really am very disabled & cannot work. Mental problems don't just come and go, not severe ones like mine unfortunately. I guess social security thinks they do & it's a good way not to pay someone in my position.

I did have a psychiatrist testify for me at my hearing & I do have evidence I was disabled before my last insured date. It didn't do any good, I was still turned down. Sometimes people are turned down regardless of how much evidence they have. I also unfortunately got a judge with an extremely high rate of denials. Just bad luck I guess, it still is very painful & I don't think it's fair but others do.
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Old 02-12-2012, 03:16 AM #6
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Quote:
Originally Posted by Zevan View Post
I will get $200.00 when I turn 62. I wasn't married long enough to qualify for social security under my ex. When I turn 65 I will be able to get medicare if I live that long; however, because I didn't work long enough if I had to pay for it in today's time I would have to pay close to $600.00 a month for it. Imagine what it will be in five yrs. I can't get SSI ever again because I do not qualify. I do own my home outright & I have a rental and some stocks. If I didn't have these things I really wouldn't make it. To qualify for SSDI someone could be a multi-millionaire, income doesn't matter. I do have all the records from when I got SSI, there are completely different than the records I received from the 2 counselors I saw while I've been on this new merry go round. You wouldn't even think I'm the same person by reading the difference between the two.

Again....people who already have insurance most of the time are not concerned about others who don't. The counselors didn't care, they are already covered!!! It's a sad fact. I don't bring any of this up with people I know personally because I know people's attitudes regarding this. Many times it's sad it becomes a political debate even. I find it sad once someone has already proven to be disabled they would have to be put in the position I have been put in. I have had others say gee in 2 years you'll get Social Security anyway...disability pays way more, plus I would receive medicare immediately without the 2 year wait because I already was proven disabled. Thanks for your advise, honestly, but there's really nothing I can do. I have to pay extremely high rates for individual insurance that gets raised constantly & forever will have to pay even higher than standard rates because I was diagnosed with cancer when I was on SSI. I had trouble even getting insurance because of having a pre-exsisting condition.

For others reading this be grateful you got your social security; and for others fighting for yours you will most likely get yours, I know of no other in my position. I wish there was a support group for any others that have had this happen to them. I feel really alone with this. I cry all the time about this, I already have many mental issues & this causes me to feel like a loser regardless of how much money I have now. I'm far from rich believe me. I just don't qualify for SSI. What I paid into the system with all my hard work is going to others. The counselors claim I'm intelligent I guess because I figured this out. I have actually had some people to tell me to go get a job to start paying more into social security. They mean well I'm sure, but I really am very disabled & cannot work. Mental problems don't just come and go, not severe ones like mine unfortunately. I guess social security thinks they do & it's a good way not to pay someone in my position.

I did have a psychiatrist testify for me at my hearing & I do have evidence I was disabled before my last insured date. It didn't do any good, I was still turned down. Sometimes people are turned down regardless of how much evidence they have. I also unfortunately got a judge with an extremely high rate of denials. Just bad luck I guess, it still is very painful & I don't think it's fair but others do.
You are not quite correct about Medicare. It is correct that if you have 40 lifetime credits you can get your $200 retirement at age 62 and you will automatically get free Part A Medicare at age 65. There is a deductible, but no premium for Part A, hospitalization. Part B has both a premium and a deductible. The premium is just under $100 this year, and has small increases every year. Then there is Part D for prescriptions if you choose to pay the premium for that as well.

It is incorrect that if you qualified for SSDI you would have no 24 month waiting period for Medicare. According to you, you have never been entitled to SSDI, just SSI. That does not get you on Medicare. And the formula for computing SSDI is the same as retirement Social Security - but with no reduction for entitlement before full retirement age, 66.
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Old 02-12-2012, 08:43 AM #7
Zevan Zevan is offline
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It is incorrect that if you qualified for SSDI you would have no 24 month waiting period for Medicare. According to you, you have never been entitled to SSDI, just SSI. That does not get you on Medicare. And the formula for computing SSDI is the same as retirement Social Security - but with no reduction for entitlement before full retirement age, 66.

ANSWER: If someone proves they were disabled before their insured date they don't have to wait the 2 yrs. to get medicare. It is people who are just being approved who have to wait. This I know for sure. As for the other, my social security statements tell me I will receive $200.00 when I turn 62. I will call the office to verify this; I can't see why they are saying this on the statement if it's not true but maybe that's another trick. It will be interesting to find out.

I plan to turn the one counselor in for fraud, she is collecting SSI illegally & the place she is employed by is also committing a fraud by going along with this in making sure she only works so many hours. She is certainly more than capable of working full time. Social security needs to know her mother is hiding money for her also. Let her go get her own insurance or have the place she works for give her health care. I'm paying for this out of my tax dollars. The place she works for would not release my medical records to me & that also is against the law. The other place immediately released mine to me because they are smart enough to know they have to. I wrote to the other place numerous times and they never even bothered to send me a form letter back. Very unprofessional! They haven't got a clue what is getting ready to happen to them. They are going to be sorry they fooled with me. I expect people to act professional if that's what they claim they are!

I don't know where you get the idea I said I never qualified for SSDI, I certainly do, but I have to prove I was disabled before my insured date. What about this don't you understand?? Mainly the whole point of my post is the shadiness of some therapist & how trivial the records were about me with no diagnosis whatsoever, even one of them working at the very same place that made records showing my diagnosis, that's why I was put on SSI IMMEDIATELY. Neither one of the therapist are doctors!

Three full fledged doctors claim I was disabled before my insured date & I always have been. These therapist are really powerless so they fill out forms to try to feel powerful, that's all that is. At this point I think it might be a good idea to just do away with social security as they are wanting to do. I seriously don't think anyone is going to have it before too long with the way things are going. It seems it causes some people to become arrogant & think they deserve it but others don't. I laugh how the one decided it would be best for me to sell my house, what a stupid idea that is. The other idea was for me to just drop my medical insurance, another real bad idea. Maybe she should go without medical insurance too & have her over inflated gov't pension cut I also am paying for with my tax dollars. Again, the arrogant attitudes of some people is astounding to me. I'm glad I don't think this way, that at least makes me feel good in spite of how I was treated from a couple of no good therapist.
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Old 02-12-2012, 09:37 AM #8
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I guess I should have used the word entitled to SSDI rather than qualified. From your posts, it seems clear that you have not yet been entitled to SSDI because the ALJ denied your case.

A person can be entitled to Medicare 24 months after entitlement to SSDI. And if there is retroactive entitlement to SSDI after a favorable appeal decision, the 24 month period could have already passed. So because your case has taken so long, if you do get a favorable decision on your SSDI claim, the 24 month period may be in the past.

Date of entitlement to SSDI depends upon the application date (no more than 12 months before application) and onset date that is established by either the DDS or the ALJ.

If you read your Social Security statement, there are certain assumptions made in making the estimate (and it is just an estimate, it is not a guarantee). If the assumptions are correct, the Social Security statement is pretty accurate.

You can contact the SSA OIG if you want to make a report about someone. Just remember it is helpful to give as much identifying information about someone (full name, age or DOB, mailing address) and details about the fraud that can be verified. You will not be officially informed about the results.
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Old 02-12-2012, 11:02 AM #9
Zevan Zevan is offline
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I guess I should have used the word entitled to SSDI rather than qualified. From your posts, it seems clear that you have not yet been entitled to SSDI because the ALJ denied your case.

Answer: Because anyone is denied at an ALJ hearing does not mean they aren't entitled or qualified whichever word you want to use. I will be having a 2nd hearing because it's been proven I did not have a fair hearing. The judge made many, many mistakes as some of them do & the appeals council saw this! ALJ judges aren't gods, they are humans too & can & do make mistakes. I am entitled to a fair hearing as anyone should be. My 2nd lawyer dropped me because of retirement. The first one did because she never contacted anyone, plus she dropped a friend of mine too. I found it strange the very same lawyer took our cases in the first place then dropped us both. She has no idea we know each other. I think she might get a kick back from social security to do this. I can't prove that, but it sure seems awfully strange to me. She shouldn't take the cases in the first place then. (LOL)

The lawyer I had explained if I win I would get medicare immediately but that's besides the point at this time. As for the medicare issue when I reach 65, I thought I would be paying what everyone else did also until a few months ago if I'm never approved. Because I do not have a full 40 quarters I will have to pay increased rates to get it. My statement says I'm entitled to get it but doesn't explain I'll have to pay more. I found this out when viewing some website. I'm disappointed to learn this, but oh well. As for the $200.00 at 62 it does say on my statement I have earned enough credits to qualify for benefits & I would receive this at 62. I will call the social security office tomorrow & ask them if the statement is wrong, or I just don't understand. If I don't get the $200.00 it is not a lot of money anyway, it would be nice to know though so thanks for bringing it up. It does say I've also earned enough credits to qualify for medicare at age 65. Also according to what the social security office told me I would be receiving 3 times more on disability then what the statement says I will get at 66 without being disabled.

I don't expect to be informed regarding the fraud I plan to turn in. I don't need to be informed, & did know they wouldn't contact me. I won't be giving my name to them anyway. I'm positive they will be interested in finding this info out. It's not right what they are doing & that the taxpayers are having to pay for this. Like I said, she is very capable of working more hours & paying for her own health insurance. She's going to get a rude awakening when she finds out they may not give her insurance at all because of pre-exsisting conditions; let her go through what I've had to. I can't work to pay for mine, or have an employer who could put me on their group plan like she has anyway. If she gets put on their group plan she won't have a problem with pre-exsisting stuff. If they don't offer it for their employees maybe she can get her Mother who is hiding money for her to pay it for her.

The place will know it's me regarding them not giving my medical records though & I'm not concerned about that. I will be informed on that one because I'm getting ready to sue them; they are going to wish they'd given them to me. By law they are supposed to, so I'm going to make sure they follow the law, to not only get them for me, but to warn other people of how unethical they are.

No offense, but according to you if someone was turned down, even if you don't know all the circumstances they don't qualify. That is like saying everyone who gets arrested is guilty. That's not true either.
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Old 02-12-2012, 01:17 PM #10
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Zevan, not to sound rude but you make it sound as if everybody is out to get you. Two lawyers drop you, the ALJ's, the therapists intentionally keep generic notes, etc. Do you think maybe your approach/behavior with these people may have something to do with how the outcomes have ended up? I am by no means condoning their behavior, however, your posts are very arguementative, even with people jsut trying to offer you suggestions/advice with things you are being evasive with. It is like telling half of a story and expecting people to believe your side of it.

You seem to know and spend to much time on this counselor's dirty secrects than focusing on your own case. How do you know her disability isn't something you can't see? She could have a heart condition, your being judgemental....exactly what you don't want people to be of you. I too have had to pay out of pocket for medical with my tax dollars for the last year. I worked for the government and am now on SSDI as of November 2011. There are 1,001 things in life that aren't fair to me or that I do not agree with, but I cannot be a vigilante and hate the world for it. I have to manage the best I can, with what I have, not worry about what others have. If I am entitled, qualified or whatever, then it will come, sometimes with a struggle/fight. I don't expect what is not righftully mine.

I have been dealing with multpile agencies for over a year now, Worker's Comp, SS, NYS Retirement System. I am finally on board with all 3 together and will be collecting all 3 as of March 1,2012 and will be receiving my medical back from my former employer. I never once tried to "get anybody", focused on what I was required to do by each agency and complied. I worked with each doctor, Pt, therapist, attorney, etc., and it has been very stressful. Dealing with all of these people, even people who are out to get me (worker's comp)and trying to deal with my physical injuries and depression/anxiety has been a true test of sanity. My time is not worth being angry over, not worth trying to take everybody I come in contact with, down, suing them, fighting them....in the end....you are the one angry and alone.
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