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previous employer is holding things up

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beckyrusher

Junior Member
What is the name of your state (only U.S. law)? PA
Short version

I had my hearing and the judge said yes I am disabled but he needed some information from my previous employer.
They refuse to get back to my lawyer and are holding thing sup for me.
If they dont get back to my lawyer the judge said he would have to change my onset date to a date after when I tried to have a job. Instead of before then. This will obviously cause me to lose out on alot and would make the monthly amount much less then anyone could support themselves on.
My question is can this company actually hold thing sup like this and cause me to end up losing benefits?


LONG VERSION
I applied for disability but then after about 7 months found a work at home job. I thought I would be able to do this job because it was work at home and seemed easy enough. After a month I had to cut back to part time and after another month I started giving my hours away. I tried to work and couldnt. Ended up with constant migraine headache. The company worked with me and cut my hours changed my schedule they were very helpful. After not working for over 2 weeks and talking with my supervisor it was decided because of attendance performance and me being unable to do the job I needed to leave. So I quit. Instead of making things harder and more drawn out and being fired. I was with them from october 2011 to march 2012.

Another year goes by I got a lawyer for the disability hearing that was scheduled. Told her everything and had doctor notes etc for the hearing.
At the hearing the judge said even though I was with the company for 5 months I was only over the monetary amount by a couple hundred dollars. Since I couldnt remember my exact last date he told my lawyer to get in touch with them and find out that and my attendance so that he would be able to back date things to when I first applied.
Well its been a month and the company is refusing to get to back to my lawyer. They wont answer her calls never return emails etc.
This is going to cause the judge to move my onset date to march 2012. if he has to do that i will not get enough a month to take care of myself. I wont be able to pay rent ill barely be able to pay for anything
Can this company I worked for really mess things up this bad for me?
Isnt there some way to make them turn over my employment record?
My lawyer wont get back to me until she has something new she said and she cant get the company to talk to her
Did I just make a bad choice in lawyers and am I just totally screwed or is there something I can do?
 


OHRoadwarrior

Senior Member
An employer is foolish to stick their neck out in a Federal proceeding, testifying to something they have no firsthand knowledge of.
 

beckyrusher

Junior Member
An employer is foolish to stick their neck out in a Federal proceeding, testifying to something they have no firsthand knowledge of.
no testifying needed just my employment records
thats not sticking their neck into anything more then if i was going to another employment and they did employment check
 

Onderzoek

Member
Your former employer is not obligated to provide you with evidence for this application. They actually did give you evidence when they gave you pay stubs. The pay stubs would show the dates you worked, the hours you worked and the amount of money you were paid. If you did not keep that, they have no legal obligation to give you that information now.

You filed a disability claim and then returned to work. As part of your reporting responsibilities you agreed to report return to work and to provide details about your work activity. It is too bad that you didn't keep the documents that would establish the details needed. I do suggest that if you work again, you keep all pay stubs for several years, even if you report them to SSA. It sounds like the ALJ wants to decide if your work meets the criteria as an unsuccessful work attempt so the dates are crucial.

You could walk into the door of your former employer and talk to the manager or the human resource department yourself. They may be able to provide you with a printout of your work history including pay dates, hours worked and amount paid to replace the documents you lost. Since they are not responding to the lawyer, you may be successful in getting the information directly. But they are not obligated to do so. And even if you get such a document, it may be enough to establish that your work was SGA and not an unsuccessful work attempt.

Changing your date of onset will have an impact on the number of months paid in the past due benefit period, but it will have very little effect on the amount of your monthly benefits. What makes you think it will reduce your monthly benefits drastically? Have you run a program with the different onset date scenerios? What is your date last insured for SSDI? The onset date change will have zero effect on the amount of SSI benefits. Your lawyer will also lose out on a fee if the onset date is changed and the amount of past due benefits is reduced.
 

beckyrusher

Junior Member
thanks i thought they had to tell when someone worked for them
problem is its a work at home company and they dont have local offices
but I will email them myself and see if they get back to me

thank you
 

cbg

I'm a Northern Girl
thanks i thought they had to tell when someone worked for them
problem is its a work at home company and they dont have local offices
but I will email them myself and see if they get back to me

thank you
There are very limited situations when an employer has a legal obligation to verify employment. This is not one of the few.

Should they? Ethically, yes.

Does the law require them to? No.
 

csi7

Senior Member
My suggestion is to find the state agency that oversees work at home situations in your state, and keep track of who you talk to, telephone, email, and you may find a way to encourage this company to provide the information.

I know that when I went to one of my former employers and showed them the dates, contacts, and titles of emails, my paperwork showed up in the attorney's office really fast. Keep track of the emails you've sent, and the responses, so you have the documentation to show that this is not the first or second request.

Best wishes.
 

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