[Sweet Sunshine]

You have had a dismissal for an appeal for a hearing the first time, if when you apply for the second time if you still get the retro pay? I am hearing different stories and not sure what to believe.

It was suggested to me by my lawyer to do the reapplication for a new claim ( this would be the second one). But he's not done a disability case for awhile due to his office moving. My appt is next Tuesday and I am not sure if this is the right route to go. He said if I did get the appeal for the hearing it would be at least a year to year and a half for the hearing. If I do the reapplication then ( based on a new psych eval I just had 2 weeks ago) that I should get it on this application. Ohhh I wish this headache was overwith now. I was so hoping to put a shower in my bathroom. We have an old farmhouse and I've been waiting on this for years. Such a sight watching me get out of the tub lol

[GregD]

Hello Sunshine,
It is my understanding that you will get retro pay from the date you first applied.

GregD

[Sweet Sunshine]

Even if you have to reapply? My first time applying was Feb of 06. And I will be reapplying this Tuesday. I just want to make sure I am doing the right thing by reapplying instead of appealling the dismissal.

Thank you for answering too Greg. I appreciate it!! Wasnt sure anyone would lol. Big hugs to you!!!

[HeyJoe]

i really think that you should get a lawyer who handles only social security disability. A general lawyer will not be versed in all aspects of the process. Social security has its own myriad of requirements and has a complex grid system that can be used to get social security disability even if no one illness meets enough criteria for you to get it.

why are you filing a new case instead of appealing? if you lose at the alj level then you can file a new case and appeal at the same time, or go to federal court. If you do not file an appeal you will not get any back pay if you win beyond the 17 month period before the new application. And that is only if when they find you disabled they find that the application date is your start date. After you appeal you submit new information, or tests or new illnesses after your original application, right up until right before you have your hearing. you send a copy to your lawyer and they will forward that information to social security. You can also send a copy to social security yourself to make sure it gets there.

From what i have read most times if you dont appeal to get a hearing before an alj and just file a new case you will probably lose the new case as well because it goes right back to the same place that made the first decision.

[Sweet Sunshine]

Thanks for the information again Joe. I am sad to report though that they denied me already just on my phone call. Appearently there is a law in Ohio now that if before March 05 you put in an application and have gotten denied a hearing they will not give you disability if you reapply. Appearently all the money I paid in is not there. They said there arent any benefits to give. I have contacted my lawyer to see if he knows what I can do. SS office said to contact Job and Family services but I have no idea what they can do. Really isnt much hope right now i guess. They said there is nothing more I can do .

[HeyJoe]

do you mean that you dont have enough work credits to apply for ssdi? not 20 credits in the last ten years?

[Sweet Sunshine]

I worked for 13 yrs... I have enough... its something about this new law.. I am sorry I got so flustered i cant grasp what for sure they said.. My lawyer called me back and said that he wants meto find out the persons name I talked to and their phone number so he can talk to them He said this is bullpoopy... ( trying to be nice here) that they have no reason to deny me. I will call the office tomorrw and see if I can find this guys name out. We'll go from there.

[HeyJoe]

Sweet i dont know what law they are talking about or how the money you paid in is not there? Good idea to have your lawyer talk to SS

[Sweet Sunshine]

Joe this is what they are talkiing about from what I understand.
Rules for work needed for the “recent work test”
If you become disabled... Then you generally need:
In or before the quarter you turn age 24 1.5 years of work during the three-year period ending with the quarter your disability began.
In the quarter after you turn age 24 but before the quarter you turn age 31 Work during half the time for the period beginning with the quarter after you turned 21 and ending with the quarter you became disabled.
Example: If you become disabled in the quarter you turned age 27, then you would need three years of work out of the 6-year period ending with the quarter you became disabled.
In the quarter you turn age 31 or later Work during 5 years out of the 10-year period ending with the quarter your disability began.

Now with that said.. I went and talked to some people about doing vocational rehab. They thought that would work for me . So I made an appt a couple weeks ago and had my first appt today with the BVR . Basically all we did was sign papers to release medical records so they can verify my disabilities and then we will meet again to make a plan of action. I am nervous about this .. but yet very excited to be in the process of contributing financially to my marraige again. I've come a long way in the past few months with my depression . And although I still have the physical pain and problems... I think this will be worth the try to help boost my sense of self worth I hope this will work out .

Thanks for the help here everyone. I really have appreciated it. If anything its been a learning experience for me. So it wasnt a waste of time I dont think.

[HeyJoe]

Good luck Sweet! I hope you get a job that you like. It will be good to get out into the world again. Im glad that you are progressing and hope it continues.