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Old 08-01-2009, 03:12 AM #31
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I found out that where you live pretty much determines how long of a wait you will have before having your hearing with the ALJ.

Some states have several ALJ's... some states have only a couple.

I wish speedy hearing dates for all who are waiting.

Abbie
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Old 08-01-2009, 11:47 AM #32
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[QUOTE=COLBEYMOORE;545356]Interest on our money..I am sorry I am new to this board and process..what do you mean they collect interest?
I know if approved the majority of my backpay goes back to my LTD provider
but interest??

Please if you could explain..thx[/QUOTE

Here's what I am saying. In my case, I became disabled in March '03, filed for ssdi in June'06. Then went through the first (fradulent) denial, filed for reconsideration, (fraudlently) denied again. Then I hired a mouthpiece, had my alj hearing nov '08, and was approved "fully favorable" two weeks later. Today is july 31 '09, and still waiting for my back pay. LTD is not an issue in my case, so they have been using my money, (back pay) for six years. That is money that I would be collecting interest on, had they approved me on my initial application. They don't let that money just sit and collect dust; they are collecting interest on my money each day they hold it. Interest which I will never see!

For clarification, I use the term "fraud", because the alj, the medical expert, and the vocational expert, approved me, looking at the same information that was used to deny me the first two times! I estimate I would have collected somewhere in the ball park of $8,000 in interest, had I been approved, received, and invested my money that I am still waiting to receive!
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Old 08-01-2009, 12:18 PM #33
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Quote:
Originally Posted by COLBEYMOORE View Post
Interest on our money..I am sorry I am new to this board and process..what do you mean they collect interest?
I know if approved the majority of my backpay goes back to my LTD provider
but interest??

Please if you could explain..thx
I wrote a long explanation, but it didn't post for some reason. Suffice it to say, that when they hold our funds, they invest them and draw interest, which of course we are not entitled to. I figure they have probably made six to eight grand on my money alone! It will soon be nine months since I was ruled "fully favorable" by an alj! My established onset date is Jan. '03!!! In any other venue, this holding back owed money, without paying interest, would be considered a crime!!!
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Old 08-02-2009, 01:12 AM #34
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Okay got cha. I became disabled from work 8/08 but did not file until 1/09. Do they base your disability on the date you apply or could it go back as far as when I was disabled in 8/08?

I live in KEntucky and awaiting an ALJ hearing I believe. I have Allsup representating me.
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Old 08-02-2009, 11:38 AM #35
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Hi, i just joined today, i seen you are having trouble with ss. Please do not give up.most people are denied at least two times. If you have not gotten a lawyer, get one, they do not get paid unless you win. I was denied 2 times, then my lawyer set up appointment to go in front of judge. After you have this appointment your lawyer will tell you how it looks, after you leave the judge and how long it will take, to get a notice if you have been approved. If by chance you are turned down, your lawyer can set up another time to go in front of judge, it is very un-likely you will have the same job. The other thing is make sure all your medical papers are up to date and if there is more to add, this means any little thing that will help you. A paper from your doctor stating you are totally and permmently disable, or unless you are going to be disable for a short time. Most important, do not give up, that is what ss wants you to do. Remember to think positive, i know this is hard to do, more so when you are going threw this. Also you need to know is that you will get back pay, from the time you first signed up.
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Old 08-03-2009, 11:08 AM #36
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Quote:
Originally Posted by COLBEYMOORE View Post
Okay got cha. I became disabled from work 8/08 but did not file until 1/09. Do they base your disability on the date you apply or could it go back as far as when I was disabled in 8/08?

I live in KEntucky and awaiting an ALJ hearing I believe. I have Allsup representating me.
If your medical records indicate you were disabled in 8-'08, and you are claiming that date as your "alleged onset date", the judge may rule your case as "fully favorable". This would mean that you would be eligable for back pay from the date you alleged you were disabled and unable to work. (8-'08) If the judge feels that your records do not prove disability from your alleged onset date, he may issue a less favorable ruling, wherein he may feel you were disabled as of your filing date. In which you would receive back pay from 1-'09 forward! Strong ongoing medical records are of the essence! My case was assigned to the toughest judge in the Dallas area, but because my records were complete and ongoing, he approved me. I also followed up, and made sure that all pertinent medical records were in my file. This is your attorneys job, but you are the one that stands to lose the most if your file is incomplete, so be proactive!!! Good luck!!!!!
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Old 08-09-2009, 09:46 PM #37
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I think there is some mass confusion here about what happens with the FICA/OASDI taxes that are withheld from paychecks from the time a person starts working until the day they qualify for either retirement or disability benefits or the day their dependents qualfiy for survivor benefits. The payroll taxes paid through your employer are not sitting in a bank account or investment account marked "John or Jane Smith" nor are any monthly benefit amounts officially computed at any date before it is decided that you meet the requirements including a finding of disability. Neither is there a "lockbox" in which the federal government is holding all of the FICA/OASDI taxes.

What you earn is really an IOU. The federal government has taken the taxes you paid and used them to pay out other beneficiaries and will use payroll taxes paid by your children and neighbors to pay your benefits AFTER it is decided that you are either old enough for retirement or sick enough for disability. And they have borrowed it to pay for other federal programs. So it is totally incorrect that "your" money is sitting in an investment account earning interest for SSA. There are plenty of articles about the potential involvency in SSA in this century.

SSA was a great deal for today's seniors; is an okay deal for the boomers, and not such a good deal for the X generation if you look at the money coming from taxes in as compared to the benefits being paid or expected to be paid.

And although it is true that 60% of the claims are denied on the initial level, it also is true that 35%-40% are approved without any appeal. And those denials include the claims that almost everyone who posts on these boards would agree should be denied, if they could read the history.
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