SSD Appeals, and Requesting Your Benefits to Continue:

[jffmstrs]

What is the name of your state? Mo
I have been receiving SSD since 2000. I had to work off and on in the past inorder to survive, and pay my bills while my wife was receiving treatments for cancer. We had to pay alot of money out during this time for traveling back and forth to hospitals, and pay to stay in motels. In 2002 I reported that I was working, and then again in 2005 which was only for a couple months in that year.I didn't make anything over the allowed amount.I mostly just made woodworking crafts. My five year old receives a small check from my disabilty, and my wife receives a small one due to having cancer.
Four months ago I recieved a letter from SS stating that because I have once again performed substantial gainful work, we have decided that you are not intitled to payments for May 2002 through August 2002, and June 2005, and continuing. I filed for a reconsideration, and they reached the same decision. They won't tell me what exactly is ment by continueing because I didn't work after June of 2005. If a person is allowed to work, and make a certain amount, then why are they soo eager to cut a person off for doing so? I have turned in all my paper work proving that I didn't make over the allowed amount.
I called the SS office four days ago, and told them I wanted to file an appeal. I also told them that I wanted my checks to continue as the letter I received said for me to do before ten days were up. The woman said that I can't request to have my checks continue, and said that it didn't say anything in the letter stating that I could request this because this is considered an overpayment, and my checks will more then likely be cut off. The letter states that If you want your benefits to continue, you must tell us within 10 days of the date you receive this letter. If your appeal is turned down, you may have to pay back any money you were not eligible to receive.So, I wonder why she is telling me different?
Also, I'm wondering if my five year old will still be able to draw from my SS even if mine is cut off, since his mom is disabled? My wife hasn't had a long work history, and doesn't have much paid into SS. Thank you!What is the name of your state?

 

[pcgumshoe]

I'll take the first stab... I'm not a lawyer, but I'm disabled and have had a long history of dealing with SSA's mistakes, errors, or miscalculations.

First and foremost I will tell you that that 1-800 number to the SSA is about as smart as your local McDonalds! Calling them is intended for "general" questions. When you get outside the scope of questions they can handle, like "When am I eligible for SS benefits?" You are taking a crap shoot. Call 5 times and you could get five different answers.

That being said, I wouldn't automatically believe what the person told you on the other end of that phone because they can't see the letter you are referring to and they can only see a limited amount of what's currently going on with your case, however, if you want to use that phone number you need to speak to someone higher up who has more training and knowledge to move around the computer screens to help you.

On a reconsideration, I know you can request to have your payments continue. So we are speaking about the same thing, a reconsideration is when the file goes back to the same office that considered you situation but somebody different reviews the same information (or that information PLUS additional information you've provided). An appeal follows and I can't speak intelligently as to who reviews that, but someone here my chime in. If your denial letter is from a reconsideration and it states that you may request continuation of benefits, take that letter with you and go down and talk to them about it.

If you called them and said, "I want to appeal," that will only get them to send you a form to fill out. It would be a lot faster if you went down and got the form from your local office AND had them fill it out with you.

Also, gather evidence. You may need to prove that you were NOT working after June. If you worked ANY amount of time while on SSD, you still need to report it AND, as it sounds here, they may take some time to catch up with it. You will have to check to see what SGA is/was (Substantial Gainful Activity - see here http://www.ssa.gov/OACT/COLA/SGA.html). If you went over that amount there's another formula for how your benefits will be reduced.

If you only worked in June and stopped by July, they may not have gotten notice of that.

As with any agency, always respond ON TIME... if they gave you 10 days and you haven't yet filed your appeal, go down and get one and if 10 days have lapsed put down that the reason why you haven't filed in a timely manner is that you didn't receive the appeal you requested in the mail (hope you're in a reasonable time period from that 10 day expiration)

I don't have dependents, so I again can't speak intelligently about this subject, however, the SSD that your child is receiving may or may not be cut off. You may also have to apply for some sort of Children and Families benefits for your state at the same time IF your benefits are cut. Also, you might want to check if the benefits your wife is receiving is because of HER or because of YOU. Again, I'm not speaking intelligently about this.

 

[jffmstrs]

I'll take the first stab... I'm not a lawyer, but I'm disabled and have had a long history of dealing with SSA's mistakes, errors, or miscalculations.

First and foremost I will tell you that that 1-800 number to the SSA is about as smart as your local McDonalds! Calling them is intended for "general" questions. When you get outside the scope of questions they can handle, like "When am I eligible for SS benefits?" You are taking a crap shoot. Call 5 times and you could get five different answers.

That being said, I wouldn't automatically believe what the person told you on the other end of that phone because they can't see the letter you are referring to and they can only see a limited amount of what's currently going on with your case, however, if you want to use that phone number you need to speak to someone higher up who has more training and knowledge to move around the computer screens to help you.

On a reconsideration, I know you can request to have your payments continue. So we are speaking about the same thing, a reconsideration is when the file goes back to the same office that considered you situation but somebody different reviews the same information (or that information PLUS additional information you've provided). An appeal follows and I can't speak intelligently as to who reviews that, but someone here my chime in. If your denial letter is from a reconsideration and it states that you may request continuation of benefits, take that letter with you and go down and talk to them about it.

If you called them and said, "I want to appeal," that will only get them to send you a form to fill out. It would be a lot faster if you went down and got the form from your local office AND had them fill it out with you.

Also, gather evidence. You may need to prove that you were NOT working after June. If you worked ANY amount of time while on SSD, you still need to report it AND, as it sounds here, they may take some time to catch up with it. You will have to check to see what SGA is/was (Substantial Gainful Activity - see here http://www.ssa.gov/OACT/COLA/SGA.html). If you went over that amount there's another formula for how your benefits will be reduced.

If you only worked in June and stopped by July, they may not have gotten notice of that.

As with any agency, always respond ON TIME... if they gave you 10 days and you haven't yet filed your appeal, go down and get one and if 10 days have lapsed put down that the reason why you haven't filed in a timely manner is that you didn't receive the appeal you requested in the mail (hope you're in a reasonable time period from that 10 day expiration)

I don't have dependents, so I again can't speak intelligently about this subject, however, the SSD that your child is receiving may or may not be cut off. You may also have to apply for some sort of Children and Families benefits for your state at the same time IF your benefits are cut. Also, you might want to check if the benefits your wife is receiving is because of HER or because of YOU. Again, I'm not speaking intelligently about this.

Thanks for the help! Well, I received the letter last Friday. I called and asked for an appeal the same day, thats when the worker at social security told me that I couldn't request a continuance on my benifits. I spoke with another worker at a different office today, and she said that I could ask for my checks to continue. So yeah, different answers from different people. If they take my benifits away, maybe I can get a job there answering questions with what ever answer I feel like giving them! They don't serve any purpose if they can't give people the right answers.
The benifits my wife is receiving is from her SS, not mine. She only gets alittle over $300.00.She mainly stayed home, and took care of the other kids while they were growing up, but did work some.
I'm setting up an appointment at a different office closer to where I'v resently moved, to have them maybe tell me why all this is actually happening.
I injoy being able to work, but since my leg was crushed I'm limited to the types of jobs I can do. I can't make the higher wages like I use to. When I'v tried to find a job before, the employers see how I limp, and thats the end of that job! I tried to work at a quarry a few years back driving a dump truck and operating a crusher. That was short lived because I couldn't operate the clutch because my leg doesn't bend properly I ran into another dumptruck, and was fired.I can't left anything over a certain number of pounds! Many times my five year old whats to be carried because he is tired and I can't carry him.The woodcrafting was a set down job mostly, the pay didn't mount to much. I know I didn't make over the allowed amount for SSD. I tried to prove this to them with my paper work, but to no avail. They still turned down my reconsideration.

 

[jffmstrs]

pcgumshoe, you were right! I called that SS 1-800 number that has people from all over the US answering the phone the first time a lady told me that I could request to have my benifits continue on an overpayment while going through the appeal process. Now I'v called again and basically told the worker the same thing, so he tells me that they won't let me continue my payments on an overpayment. He also told me that once a determination has been made, they won't change their minds regardless. I asked him then why is it that they send a paper along with their letter of determination stating that I have the right to request my benifits be continued? I also asked him then why do they tell you you have the right to obtain a representative, and have a hearing? He stated that providing that information is just federal laws they have to follow. The man at SS made it sound like filing an appeal was just a waste of time, because once they have made their decition concerning an overpayment, that they won't change it! Those papers don't mean crap! Why is it people even hire lawyers to represent them on overpayments?
Well, I quess my next move will be to go straight to the SSA that is closer to us, and talk with them.

 

[pcgumshoe]

Well, I quess my next move will be to go straight to the SSA that is closer to us, and talk with them.

...and file the appeal!!! Don't forget that!

Good Luck.

 

[jffmstrs]

Thanks!!! I'm hoping this time, I can get a straight answer about whats going on without all the run around!!!