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SSI terminates benefits

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H

HelpMemphis

Junior Member
What is the name of your state? Tennessee

My sister has been receiving SSI benefits since 1999 based on the fact she has lifelong epilepsy. A couple of months ago, she received a call from the Social Security office telling her that her case was under review and that her benefits would be cut if she didn't fill out the necessary paperwork. She filled it out and received notice that her benefits would be continued. However, a couple of weeks ago, she was notified that she didn't have sufficient information to support her claim and that she would have to go for an exam and blood test. My mother attempted to take her but couldn't find the doctor's office (she's 77) and they missed the appointment. My sister called the doctor and was told she couldn't reschedule. Now she has received notice that her benefits were terminated solely on the fact that she missed the doctor's appointment. She can appeal and we need to know what we should do to prepare for the appeal--should she appeal in person? Why wouldn't they just let her get the exam that she missed? Please help!
 


B

BL

Senior Member
It sounds like you should consult an SSI attorney .

I'm sure she received the notices to go for the exam , and what to expect if she failed to go .

She should have NOT waited for a decision or notice . She should have immediately called the number of the Office where they were to evaluate her and ask for directions . If she still was not able to find the Place she should have Immediately call the SSA office , instead of doing nothing .

The notice of termination should also have instructions on what can be done , if you feel the decision is wrong .

SSA is just following procedures.
 
H

HelpMemphis

Junior Member
Thanks

She did call them immediately and they told her that it couldn't be made up. She did request and received an appeal form and has completed it.
 
L

liles

Junior Member
I know in California (so it may differ for your sister) they tend to make it very difficult to collect and try to postpone paying in any way they can. I was told by a rep that they do it on purpose to discourage people from collecting. I would suggest going to the social security site online and/ or doing a search for the actual definition of the laws. It will tell you what is done in certain cases and the protocal (by employees and the law). I wish I had the link (correction note: one of the below may be it), but I found the site and it included what employees were/are supposed to do. Maybe try:

www.ssa.gov/regulations/index.htm
http://www.ssa.gov/OP_Home/cfr20/416/416-0000.htm
http://www.socialsecurity.gov/OP_Home/rulings/rulindex-C.html
http://www.socialsecurity.gov/OP_Home/rulings/rulings-idx.html
https://s3abaca.ssa.gov/pro/isba3/wwwrmain.shtml
http://www.ssa.gov/notices/supplemental-security-income/index.htm
http://policy.ssa.gov/poms.nsf/poms?OpenView&Start=1&Count=50&Expand=4.19#4.19
http://policy.ssa.gov/poms.nsf/lnx/0422001000

I hope these links offer some guidance. It does work wonders to have the law backing the appeal. In CA (not sure for your sis) having a SSI lawyer is deducted from pay so it helps to fight as much as you can on your own. Also, if she is reinstated and the gov does not automatically backpay for the time she wasn't on SSI, have her file another appeal asking for the money to be paid to her. It appears to be a situation beyond her control and that the local office wasn't accomadating. The 800 service can sometimes give her better answers and more help. I know I called four or five times and received different info each time and it helped. Hope this helps. Good luck to your sister!
 
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B

bjl1105

Member
liles said:
I know in California (so it may differ for your sister) they tend to make it very difficult to collect and try to postpone paying in any way they can. I was told by a rep that they do it on purpose to discourage people from collecting. I belive she can appeal as many times as she wants. I would suggest going to the social security site online and/ or doing a search for the actual definition of the laws. It will tell you what is done in certain cases and the protocal (by employees and the law). I wish I had the link (correction note: one of the below may be it), but I found the site and it included what employees were/are supposed to do. Maybe try:

www.ssa.gov/regulations/index.htm
http://www.ssa.gov/OP_Home/cfr20/416/416-0000.htm
http://www.socialsecurity.gov/OP_Home/rulings/rulindex-C.html
http://www.socialsecurity.gov/OP_Home/rulings/rulings-idx.html
https://s3abaca.ssa.gov/pro/isba3/wwwrmain.shtml
http://www.ssa.gov/notices/supplemental-security-income/index.htm
http://policy.ssa.gov/poms.nsf/poms?OpenView&Start=1&Count=50&Expand=4.19#4.19
http://policy.ssa.gov/poms.nsf/lnx/0422001000

I hope these links offer some guidance. It does work wonders to have the law backing the appeal. In CA (not sure for your sis) having a SSI lawyer is deducted from pay so it helps to fight as much as you can on your own. Also, if she is reinstated and the gov does not automatically backpay for the time she wasn't on SSI, have her file another appeal asking for the money to be paid to her. It appears to be a situation beyond her control and that the local office wasn't accomadating. The 800 service can sometimes give her better answers and more help. I know I called four or five times and received different info each time and it helped. Hope this helps. Good luck to your sister!
Click to expand...
You may not appeal as many times as you like. You have 2 levels of appeal. A reconsideration, and then a hearing. Both need to be filed within 60 days of the determination you are appealing. If you did not cooperate during a Continuing Medical Reexam (for whatever reason) and they terminated your benefits, you must file your first level of appeal (reconsideration). Having an SSI lawyer is NOT deducted from your benefits as that is not illegal. SSI are needs based benefits, and attorneys cannot be paid from those funds (you're confusing it with SSD attorney representation). You can have an attorney for SSI purposes, but you must pay them directly. If you file your appeal within 10 days (and it is SSI benefits), you can request benefit continuation while the appeal is being heard. good luck.
 
L

liles

Junior Member
I deleted the as many times as she likes. I found out it definately isn't true. Also, bjl1105 is correct, dedduction for payment of a lawyer only applies for SSD. Sorry about that.
 
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