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  #1  
Old 10-26-2009, 06:12 PM
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Join Date: Oct 2009
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back benefits.?


What is the name of your state (only U.S. law)? New york.

When I was thirteen I had a major surgery I had scoliosis and a Tumor on my right lung that was bigger than a full grown man's fist. I have a steal rod from the top of my neck to the bottom of by back with screws, bolts etc. I have a five pound weight limit and it hurts like heck during winter because of the coldness. I can't sit nor stand for a long period of time because it starts to hurt. I was in the hospital for a week and out of school for two and a half months. I then got put on ssi disability. when i turned eighteen five years later I stopped receiving payments I was never told I had to reply myself because I was old enough to do it myself, So I did that and they " Lost " the paper work so I had to do it again, and guess what happen again? They " Lost them again " So I did the paper work AGAIN for the third time and they finally got it right this time, Now I'm just waiting on the hearing, Now I'm twenty turning twenty one the 9th of November. Now my question is Do they have to pay back benefits from the time i stopped receiving payments when I was getting it from the start or from when I re-reply? I heard that there not doing that anymore weather that's true or no I don't know.
  #2  
Old 10-26-2009, 08:04 PM
BL BL is offline
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From the time you apply as an Adult .

Hopefully you can convince them to go back to the date you first applied ,because it was their fault for losing the paperwork.

If they don't appeal for reconsideration .
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  #3  
Old 10-26-2009, 10:21 PM
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Quote:
Originally Posted by BL View Post
From the time you apply as an Adult .

Hopefully you can convince them to go back to the date you first applied ,because it was their fault for losing the paperwork.

If they don't appeal for reconsideration .
I just got SSDI... From what I understand, it is from the time that you were originally disabled minus five months...but my case is very different from yours.. I was injured while in the army. When I need answers, I just go down to the SS office. If you have to appeal, don't waste time, just go ahead and get an attorney. It won't cost you anything unless you are approved, and it simply comes out of your back pay...
  #4  
Old 10-26-2009, 10:28 PM
BL BL is offline
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Location: In the good old US of A
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This is quit different .

This is an SSI ( supplemental Security ) issue , as this poster was on SSI as a youth , will receive SSI as an Adult if approved , because the poster never worked to qualify for SSDI .

I agree however if denied , file a reconsideration .If denied again consult an SSI Attorney .If the Attorney takes your case ,it should be on a contingency basis .Meaning if the Lawyer is successful in your award for SSI ,the Lawyer will be entitled to about a 25 % fee out of any retroactive payments .If the Attorney is unsuccessful , you owe nothing.
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By M : be careful and avoid entering any personal information into your reply (or in your "signature" that is included at the bottom of any message you write). Do not have the sig files contain your name, address, or any other identifying information. Though I must say, some of you have turned them into a minor art forum (i.e., witticisms, sayings, graphics, and so forth).

Last edited by BL; 10-26-2009 at 10:32 PM.
  #5  
Old 11-01-2009, 01:11 AM
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Join Date: Nov 2009
Posts: 26
What documents do you have that show that you submitted the appropriate paperwork and filed an actual claim for SSI benefits these two times that you say paperwork was lost?

SSI claims are generally effective with the date of filing. Prior denied claims can be sometimes reopened within 24 months of the denial if there is new and material evidence that the prior decision was incorrect at the time it was made.

Look at all your documents. Look at the dates, read the reasons. You may decide you need an attorney. However, the prior decision may not be reopened.
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