Last check recieved for SDI- benefits for claim are exausted

[chatterweb]

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

Is there any recourse?

The person I am an advocate for filed for SDI in Jan 2008 for memory loss.

and she was forced to retire.

In Jan 09, She had issues with her Dr neuro, and staff regarding filling forms in a timely manner.

She was told she had $3500 left by a SSI agent in early Feb, now she got her last check for $1986.00.

Is exhausted benefits a valid reason? Or did this have something to do with her DR not sending forms into SSI in a timely manner?
The staff was 5 weeks late, lost the paperwork but claimed to mail filled forms, and I left them with a SASE...

We went in person to local SSI Office,
SSI urged me to report staff because it was unacceptable.

Same thing happened with same Dr and staff filling forms for FMLA, unacceptable by HR, so I need to have them re done by new DR, yes we are leaving old dr, hope we have no problem transferring her medical records!

 

[BL]

Look into filing an appeal, but it all depends on what the letter states as a reason .

Recipient/advocate should call SSA and ask if an appeal is filed , will benefits continue until a decision is made .

Of course if benefits are paid , and the recipient loses the appeal , they generally have to pay those amounts back .

Another thought is the beneficiary is going from SSDI to retirement , if that hasn't already happened .

Again read the notice carefully .

 

[chatterweb]

Look into filing an appeal, but it all depends on what the letter states as a reason .

Recipient/advocate should call SSA and ask if an appeal is filed , will benefits continue until a decision is made .

Of course if benefits are paid , and the recipient loses the appeal , they generally have to pay those amounts back .

Another thought is the beneficiary is going from SSDI to retirement , if that hasn't already happened .

Again read the notice carefully .

The letter says funds have been exhausted. I understand SSI is temporary, and only is good for 52 weeks. The claim was filed on 1-11-08, so I assume all funds have been exhausted.

Thank you.

 

[Aileen0807]

Acronyms are confusing

The letter says funds have been exhausted. I understand SSI is temporary, and only is good for 52 weeks. The claim was filed on 1-11-08, so I assume all funds have been exhausted.

Thank you.

First, as an advocate, you need to get your acronyms and programs straight. You used two different acronyms that describe two different programs.

SDI - California's State Disability Insurance program, administered by the State of California's Employment Development Dept (AKA unemployment office) which pays for short term or long term disabilities but does get exhausted in 12 months when the contributions run out. Taxes are collected from people who work in California. Head man is Arnold Schwarzenegger.

SSI - Supplemental Security Income, a federal program, administered by the US Social Security Administration. SSI is a WELFARE type, low income disability program for people with conditions that will be severe or expected to be severe for 12 months or longer. NOBODY pays into SSI directly. It is funded by general tax revenues. SSI never runs out, but claimants have to continue to meet the rules in order to continue to be paid and there are lots of rules since it is a public assistance program. Head man is Barack Obama.

SSDI - Social Security Disability Insurance is a federal program administered by the US Social Security Administration. Not a welfare program. Funded by taxes paid by working people. Taxes called FICA or OASDI. Same taxes that fund retirement Social Security and survivor Social Security. Amount of money paid is directly related to the amount of taxes paid. Never runs out either, but if a person did not work enough or enough at the right time, no SSDI can be paid. Claimant must have a severe disability that prevents all kinds of work that has lasted or expected to last 12 months or longer. Head man Barack Obama.

Sounds to me like your friend had an SDI claim for 12 months and has not filed either an SSDI or SSI claim with the Social Security Administration. It can be quite difficult to qualify for either SSDI or SSI, much more stringent disability rules than SDI uses. And it can take months or years to go through the process, including appeals. And not everyone is found disabled even though they think they are.

Read the letters a little more closely. If an SSDI or SSI claim has not been filed, go to socialsecurity.gov and start an online claim, but it is generally best to finish it in person in the local office.