Disability Backpay

[JessiesGirl30]

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

I know I'm a small cog in a big machine. I know this, but still feel I should not be ignored like this.

I was given a fully favorable decision by the court back in late June 2010. I am 100% disabled. I was then sent a ton of letters by the gov't about Medicare and SSD and backpay, etc.

I received a letter in early July 2010 indicating how much backpay I was to receive, minus the lawyer fee. My lawyer was sent a check for his fee on July 8, 2010. I was sent a copy of the check proving the lawyer got paid.

I am to receive around $57,000 backpay for the 4 years (close to 5) that the gov't has determined I have been disabled.

I started to receive my SSD monthly and my two son's SSI in August 2010. I have yet to receive the backpay. When I call the SSA, I get different answers every time. EVERY SINGLE TIME. I try not to call them more than twice a month, because I was told my calling more often would slow the process down. I was told by the SSA that they needed to see if I owed any money on SSI or taxes or CS, etc. before they would release my money.

I was audited for 2005, they found my ex and I owed AZ back taxes and interest, which I paid in full in early September 2010 (I made a deal with the ex that if I paid that he would forgive another debt I personally owed him. It worked out even.).

I did not receive SSI, I don't owe CS or any taxes, and was not on welfare of any kind. I have been waiting much longer than I think is appropriate, but my general feeling is the gov't is broke and doesn't want to release the money. They are in their SECOND 60 day review, which ends mid-November. They told me they would NOT follow up on the status of the payment unless I called them, so if I let the second 60 day window pass without calling to check on the status, I will fall thru the cracks.

I used a reputable attorney (there's only 3 (Caldwell & Ober, and Eric Slepian) licensed in my state), and his office says the matter is between SSA and me, and not him. Of course, if he was waiting on payment, he might be more inclined to help speed this up .

How can I legally bug the SSA into making them release the monies they said they owe me? I don't have any more ideas. I have been told so many conflicting timeframes from SSA and from others who have SSD and it's so frustrating.

Any advice?

 

[BL]

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

I know I'm a small cog in a big machine. I know this, but still feel I should not be ignored like this.

I was given a fully favorable decision by the court back in late June 2010. I am 100% disabled. I was then sent a ton of letters by the gov't about Medicare and SSD and backpay, etc.

I received a letter in early July 2010 indicating how much backpay I was to receive, minus the lawyer fee. My lawyer was sent a check for his fee on July 8, 2010. I was sent a copy of the check proving the lawyer got paid.

I am to receive around $57,000 backpay for the 4 years (close to 5) that the gov't has determined I have been disabled.

I started to receive my SSD monthly and my two son's SSI in August 2010. I have yet to receive the backpay. When I call the SSA, I get different answers every time. EVERY SINGLE TIME. I try not to call them more than twice a month, because I was told my calling more often would slow the process down. I was told by the SSA that they needed to see if I owed any money on SSI or taxes or CS, etc. before they would release my money.

I was audited for 2005, they found my ex and I owed AZ back taxes and interest, which I paid in full in early September 2010 (I made a deal with the ex that if I paid that he would forgive another debt I personally owed him. It worked out even.).

I did not receive SSI, I don't owe CS or any taxes, and was not on welfare of any kind. I have been waiting much longer than I think is appropriate, but my general feeling is the gov't is broke and doesn't want to release the money. They are in their SECOND 60 day review, which ends mid-November. They told me they would NOT follow up on the status of the payment unless I called them, so if I let the second 60 day window pass without calling to check on the status, I will fall thru the cracks.

I used a reputable attorney (there's only 3 (Caldwell & Ober, and Eric Slepian) licensed in my state), and his office says the matter is between SSA and me, and not him. Of course, if he was waiting on payment, he might be more inclined to help speed this up .

How can I legally bug the SSA into making them release the monies they said they owe me? I don't have any more ideas. I have been told so many conflicting timeframes from SSA and from others who have SSD and it's so frustrating.

Any advice?

Call the 800 and ask the status .

You admit there were back taxes that were pd. in Sept. and the next review is in Nov.

It's most likely sitting on any one number of desk in the process.

You'll have to understand you will not get a lump sum back payment all at once . You may get them in increments of about 3 months
apart or more .

Another alternative is to go directly to your local SSA office and sit down with a rep.

I'd say though to give it 4-8 weeks to see if a check arrives .It usually happens when you least expect it to.

The Attorney has done his/her job .

I'd say

 

[JessiesGirl30]

Thank you, BL. I am appreciative that you responded, even if it was an answer I didn't wanna hear .

I did contact SSA yesterday and encountered yet another rude rep. I have spoken with several nice ones but the one I talked to yesterday seemed unhappy with hearing from me again.

Really I won't get the backpay in a lump sum? Darn. I received my two boys' SSI backpay (roughly $35,000 total) in two checks mailed to me on the same day. And it was less than a week from applying for theirs and the check's arrival. Very pleasant surprise. But if I gotta wait, then that's what I'll do. I was just hoping I could help nudge them along. The audit and subsequent tax bill from 2005 that I received notice for this year was paid in full, so that's not an issue, and I believe the gov't would know if I received any SSI, etc., after all this time, with computers being as powerful as they are now.

Oh well. Heavy sigh. I have offered to help the gov't in clearing the path, but of course they declined )). I'm sure they don't trust my word, and I don't blame them. I was just hoping for some ideas. I really wanna take that dream vacation (after 5 years of recuperating from the stroke I need a vacay!). This vacay will require a passport and actual luggage.

All right, have a good day, and thanks again.

Take care,
Kathy

 

[BL]

Thank you, BL. I am appreciative that you responded, even if it was an answer I didn't wanna hear .

I did contact SSA yesterday and encountered yet another rude rep. I have spoken with several nice ones but the one I talked to yesterday seemed unhappy with hearing from me again.

Really I won't get the backpay in a lump sum? Darn. I received my two boys' SSI backpay (roughly $35,000 total) in two checks mailed to me on the same day. And it was less than a week from applying for theirs and the check's arrival. Very pleasant surprise. But if I gotta wait, then that's what I'll do. I was just hoping I could help nudge them along. The audit and subsequent tax bill from 2005 that I received notice for this year was paid in full, so that's not an issue, and I believe the gov't would know if I received any SSI, etc., after all this time, with computers being as powerful as they are now.

Oh well. Heavy sigh. I have offered to help the gov't in clearing the path, but of course they declined )). I'm sure they don't trust my word, and I don't blame them. I was just hoping for some ideas. I really wanna take that dream vacation (after 5 years of recuperating from the stroke I need a vacay!). This vacay will require a passport and actual luggage.

All right, have a good day, and thanks again.

Take care,
Kathy

Wel lperhaps you will after all ,because the following pertains to SSI( suplimental ).

Receiving SSI back pay in installments.
Updated 04/23/2010 02:32 PM | Answer ID1651
I have recently been approved to receive Supplemental Security Income (SSI) disability benefits, but I have been told that my back due benefits must be paid in installments. Why is this necessary?In 2006, the President signed S. 1932, the Deficit Reduction Act of 2005 which requires that past-due monthly SSI benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installment payments, 6 months apart. The law also limits the amount of the first two installment payments to three times the maximum monthly benefit. All remaining benefits due are to be paid in the third installment 6 months later.

The amounts of the installment payments may be increased in certain cases, such as those in which the individual has outstanding debt relating to food, clothing, or shelter, or has necessary medical needs. If you have a situation that you believe requires that your installment payment be increased, call 1-800-772-1213. People who are deaf or hard of hearing may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.

You may also contact your local office.

 

[JessiesGirl30]

Do I need to ask this on another post or keep it in this one? It's pertaining to my SSDI, Medical Malpractice Annuity, and no other income.

I am wondering if my checking account, which only has my name on it, not my husband's (he has his own checking account in his name too), is safe from bill collectors. No money except my SSDI and my boys' SSI, and my MM Annuity goes in each month. I thought that account would be judgement proof. My only outstanding bills are medical bills from my 2 strokes and brain surgery and other surgeries done on an emergent basis. I am waiting on the backpay from SSA to come in so I'll have some breathing room and pay these off, then go on a nice vacation .

So is my account "safe"? If it is, and a collector gets into that account, I have heard it could take up to 3 months to straighten it out thru the court. What can I do prior to that happening, if it even happens?

Thanks in advance, and please let me know if this needs to move to another part of the forum.

Kathy

 

[Onderzoek]

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

I know I'm a small cog in a big machine. I know this, but still feel I should not be ignored like this.

I was given a fully favorable decision by the court back in late June 2010. I am 100% disabled. I was then sent a ton of letters by the gov't about Medicare and SSD and backpay, etc.

I received a letter in early July 2010 indicating how much backpay I was to receive, minus the lawyer fee. My lawyer was sent a check for his fee on July 8, 2010. I was sent a copy of the check proving the lawyer got paid.

I am to receive around $57,000 backpay for the 4 years (close to 5) that the gov't has determined I have been disabled.

I started to receive my SSD monthly and my two son's SSI in August 2010. I have yet to receive the backpay. When I call the SSA, I get different answers every time. EVERY SINGLE TIME. I try not to call them more than twice a month, because I was told my calling more often would slow the process down. I was told by the SSA that they needed to see if I owed any money on SSI or taxes or CS, etc. before they would release my money.

I was audited for 2005, they found my ex and I owed AZ back taxes and interest, which I paid in full in early September 2010 (I made a deal with the ex that if I paid that he would forgive another debt I personally owed him. It worked out even.).

I did not receive SSI, I don't owe CS or any taxes, and was not on welfare of any kind. I have been waiting much longer than I think is appropriate, but my general feeling is the gov't is broke and doesn't want to release the money. They are in their SECOND 60 day review, which ends mid-November. They told me they would NOT follow up on the status of the payment unless I called them, so if I let the second 60 day window pass without calling to check on the status, I will fall thru the cracks.

I used a reputable attorney (there's only 3 (Caldwell & Ober, and Eric Slepian) licensed in my state), and his office says the matter is between SSA and me, and not him. Of course, if he was waiting on payment, he might be more inclined to help speed this up .

How can I legally bug the SSA into making them release the monies they said they owe me? I don't have any more ideas. I have been told so many conflicting timeframes from SSA and from others who have SSD and it's so frustrating.

Any advice?

I don't agree that your attorney has done his job since you haven't been paid all that you are entitled to receive. But the attorney must feel that way. Just remember this when someone asks you for a referral.

Most likely there is an SSI windfall offset indicator that needs coordination between the field office and the payment center and it takes two employees in different states to make that happen. Sometimes, the mere existence of a denied SSI claim creates a roadblock in getting SSDI retroactive benefits. A good SSA attorney would know that. I think you should contact a supervisor in your local office who can make a manager to manager call to the payment center if needed. Ask about the windfall offset indicator.

I think you are confused about your children's benefits unless they are truly getting Supplemental Security Income (SSI) because they are both disabled and your family is low income. I am guessing they receive Social Security Disability auxilliary benefits based on your earnings.

 

[JessiesGirl30]

I am not receiving SSI, it is SSDI. I think you're right, though. My boys are receiving aux benefits, not SSI either. We don't qualify for SSI (I have a medmal annuity that bumps our family out of range). Neither of them are disabled; I am the only one disabled.

I'll drive down Monday to the SSA office and ask for assistance. Thank you for the advice.

Kathy

 

[Onderzoek]

I am not receiving SSI, it is SSDI. I think you're right, though. My boys are receiving aux benefits, not SSI either. We don't qualify for SSI (I have a medmal annuity that bumps our family out of range). Neither of them are disabled; I am the only one disabled.

I'll drive down Monday to the SSA office and ask for assistance. Thank you for the advice.

Kathy

I figured your first post was wrong about the boys getting SSI. SSI wouldn't pay the boys anyway since they are not disabled.

 

[kimmark1]

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

I know I'm a small cog in a big machine. I know this, but still feel I should not be ignored like this.

I was given a fully favorable decision by the court back in late June 2010. I am 100% disabled. I was then sent a ton of letters by the gov't about Medicare and SSD and backpay, etc.

I received a letter in early July 2010 indicating how much backpay I was to receive, minus the lawyer fee. My lawyer was sent a check for his fee on July 8, 2010. I was sent a copy of the check proving the lawyer got paid.

I am to receive around $57,000 backpay for the 4 years (close to 5) that the gov't has determined I have been disabled.

I started to receive my SSD monthly and my two son's SSI in August 2010. I have yet to receive the backpay. When I call the SSA, I get different answers every time. EVERY SINGLE TIME. I try not to call them more than twice a month, because I was told my calling more often would slow the process down. I was told by the SSA that they needed to see if I owed any money on SSI or taxes or CS, etc. before they would release my money.

I was audited for 2005, they found my ex and I owed AZ back taxes and interest, which I paid in full in early September 2010 (I made a deal with the ex that if I paid that he would forgive another debt I personally owed him. It worked out even.).

I did not receive SSI, I don't owe CS or any taxes, and was not on welfare of any kind. I have been waiting much longer than I think is appropriate, but my general feeling is the gov't is broke and doesn't want to release the money. They are in their SECOND 60 day review, which ends mid-November. They told me they would NOT follow up on the status of the payment unless I called them, so if I let the second 60 day window pass without calling to check on the status, I will fall thru the cracks.

I used a reputable attorney (there's only 3 (Caldwell & Ober, and Eric Slepian) licensed in my state), and his office says the matter is between SSA and me, and not him. Of course, if he was waiting on payment, he might be more inclined to help speed this up .

How can I legally bug the SSA into making them release the monies they said they owe me? I don't have any more ideas. I have been told so many conflicting timeframes from SSA and from others who have SSD and it's so frustrating.

Any advice?

The government paid you back 4-5 years worth of back pay? Did they recently change the laws? It says on their site that they only go back 12 months.

 

[OHRoadwarrior]

Instead of going on a nice vacation, why don't you pay your bills?

 

[Onderzoek]

The government paid you back 4-5 years worth of back pay? Did they recently change the laws? It says on their site that they only go back 12 months.

Not likely that the original poster even cares about this almost 3 years later.

If she filed a claim and it went through multiple appeals (hearing, appeals council remand or court case, another hearing after remand, another appeals council etc.), it is possible to have 4 to 5 years of retroactivity on a claim that was filed in 2005. But a claim filed in 2010 only has 12 months of retroactivity possibility, regardless what the date of onset is. Filing date in combination with onset date determines date of entitlement.