overpayments, ALJ hearings, CDR, due process

[Guest guest]

Gretchen-

When I went out on disability in the summer of 1982 i was approved the first

time I applied. I didn't know at the time I could have received SSDI at the

time. The woman who did my application was NOT helpful. In fact she made me

feel crappier than i'd already felt about giving up fulltime employment. The

only reason I was glad was because then I was going to be home for my kids when

they got out of school. Financially life changed bigtime.

Then in 1992 I found a great part time job and because I made $25.00 a month

too much I was penalized. I wound up paying back more than I'd made; go

figure. So I stopped working altogether. Social Security can make a person

crazy.

I am so glad you'll be learning so you can be a great advocate for those of

us who need it.

Barb

[Guest guest]

Hello Gretchen ,

I'd like to answer a few of your questions. I've been on SSI and my son used to

be on SSI.

I've only had a notice of overpayment once and what they did was reduce my

forth coming checks to even out the difference.

When I first applied it was for my son and I had a lawyer who took a huge chunk

of the retro payments I think this was before they capped it off. My son was

approved for neuro impairment and autism .

Then I applied and represented myself and was approved for neuro

impairment and emotional ( I have panic disorder and at times agoraphobic )

housebound

I've had past notice's saying my condition can improve and I wasn't trying to

improve my condition with medications for my emotional disorder and my benefits

would cease. So what I did was show documentation I had tried to take prescribed

med's only to find some med's actually made the neuro condition (CMT) worse

causing at times more neuropathy symptoms.

My review was just last May and I'm (safe) for 3 yrs until I have another one .

Above all I found the DDS disability determination service the most

frustrating when this person was to make the decision if my disability impacted

my life and she had no idea what Charcot marie tooth was or peripheral

neuropathy along with panic disorder with agoraphobia.

I went above her head and dealt with her supervisor again this person didn't

grasp what CMT was or exactly what panic disorder and agoraphobia entailed.

When it came to the ALJ level I was asked by the judge which impairment was the

most that made life living limiting. That's when I explained my type of CMT

is livable but I ave to pace

myself and I tire easily also if I'm not up with leg cramps the night before

and get rest I can function also with CMT I deal with unexpected falls and

injuries so I believe that contributes to a tired exhausted body .

As for the emotional disorders I believe that's what got me approved cause

those are more hassle than my CMT. I told the judge the CMT will never get

better but the emotional (I hope can improve) but not with medications that

further tax my body and bring out more CMT issues .

The judge then stated I was in a rock and a hard place. Overall I found the

process the hardest thing I've had to do too date. I'm sure it was due to

being out of my home and just outside and going to court makes anyone nervous

just imagine someone like me who has panic issues lol

One thing I'll never forget is when the judge smiled and said impressive

argument miss so and so and approved me right there I didn't have to wait till

the 30 days.

I hope I helped.

Debra

[Guest guest]

Hello ers,

As you know, I have begun training in learning SSDI and SSI law so

that I may be able to help future clients. The Social Security

Administration is undergoing some changes, thus I am having to learn

the old ways and new ways. This brings me to some questions I'd like

to ask to get your experience on.

1) Once on SSI or SSDI, did you ever receive an Notice of Overpayment

and what did you do about it?

2) During the process of applying for SSI or SSDI, did you have to

seek legal representation for an Administrative Law Judge (ALJ)

hearing? Was the decision at your hearing favorable?

3) Did you ever attempt to represent yourself at an Administrative

Law Judge hearing and what was that outcome?

4) Once on SSI or SSDI benefits, did you ever receive a Notice of

Cessation of benefits for any reason? What did you do?

5) For anyone on either SSI or SSDI, when was your last Continuing

Disability Review (CDR)?

6) Do you believe you received " due process " in your SSI/SSDI claim?

(Due process of law is a legal concept that ensures the government

will respect all of a person's legal rights instead of just some or

most of those legal rights, when the government deprives a person of

life, liberty, or property.)

7) Was there an unfavorable decision made at the ALJ level and did

you seek further action at the Appeals Council? What was the outcome?

Thanks so much for shinning some light in my direction on these

issues.

~ Gretchen

[Guest guest]

Hi Debra,

Thanks soooo much for your reply. May I ask you a question about the

overpayment? Did you question WHY the overpayment happened or file a

Waiver for NonRepayment-Overpayment? Or did you just figure SS knew

what they were doing, and accept the overpayment as it was - and that

SS was correct in telling you that you had an overpayment?

~ Gretchen

[Guest guest]

Hi Barb,

Thanks so very much for your reply. Right you are, now people all over

are " penalized " for working part-time on benefits, and SS is coming

down hard on this - even though SS has this " Ticket to Work Program "

bla bla bla.

I sure can understand how all this can make a person crazy...lol, I'm

sort of crazy just trying to learn it all.

Hope you had a great summer after your move and are enjoying much time

with your new grandson.

~ Gretchen

[Guest guest]

sure I'll answer that for you

I noticed my retro payment was a lot more than I was quoted so I

called my social worker and offered to pay it back asap but she said bank it

and

we'll reduce your check accordingly .

I've learned to always' report change's in the amount, another time I

remember my check's were lower and asked why and was told to pay medicare and I

had to remind them I'm on SSI and have medical coupons so then they owed me

and it all balanced out .

I get everything documented on paper

Being on SSI can be frustrating it's like your constantly proving your

limit's but never what you are capable of your strengths and goals

I'd love to see maybe a more positive way and less demeaning to people in

the future .

Debra

[Guest guest]

I originally started benefits (dependant child under my fathers S.S.

number) after high school (1983 graduate) and had very little trouble

getting benefirs, I had signs of the classics symptoms back then

(clawed hands, weakness, ankle fusions, steal leg braces), I went to

college starting in 1988 and graduated 1996 (was a part time student

for most of the years) worked at the University and started the trial

work period, moved and started a full time time job in the fall after

graduation.

Called either the local or national number and informed them in the

early part of 1997 that I wanted to stop Medicare because I was

working full time and was paying for both Medicare and Blue

Cross/Blue Shield. Medicare stopped, checks did not, 18 months or so

later got an overpayment letter.

Medicare and S.S. are/were disjoined and the customer service

representative did not send anything to the S.S. side, it should have

triggered a review. S.S. gets/got info from the IRS a year or so

after taxes are filed.

The overpayment was waived with creative figuring from the S.S.

representative. (I found the Medicare stop confirnmation letter later

when cleaning out and organizing my files)

Since it was waived fairly easily, my brother and I did not review my

file that closely, I wonder if a copy of the Medicare cancellation

was in there.

Re applied for benefits in late 2000 (maybe 3 month wait) under my

own account, and went to their doctor and approved me in about 1/10

of a second. He knew what CMT was and recognized the clawed hands and

stork legs.

Was lucky to get work again in the spring of 2001 and had trouble

getting benefits stopped, about the time they stopped, the job was

finished (90 day contract), but this time I could get unemployment

payments, restarted benefits November 2001, worked 2 weeks in early

2002, when new unemployment benefits was available (summer 2002),

S.S. told me I would have to repay all S.S. benefits from that date

back to 11/2001 because I was NEVER disabled, so I had to turn down

the unemployment benefits. Lost $1500-2000 that would have came in

handy during the 1st part of the bad economy.

The ticket to work program came to NC 2-3 years late, S.S.

representatives fully believe that employeers will rush to hire us,

but with " employment at will " laws, fat chance of that happpening,

plus if the are going to make me repay x number of years worth of

benefits if I could find full time work, I think that would require a

legal hearing, because CMT is even worse now.

Thanks

[Guest guest]

,

Thanks so much for your experience - Holy Cow, what a nightmare about

finding you were never disabled and being told you need to repay back

benefits! Plus loosing the unemployment benefits. Yes, I have found

this to be true, the main office/800 number people, do not get the

correct info sent to the field office, one of the problems currently

that exist, and one that Nosccr and some attorneys are trying to

address.

And yes, that Ticket to Work Program needs a whole lot more work too -

with REAL JOBS for disabled persons at REAL salaries - none of this

$6.00 an hour stuff. And I agree with you too, about the " employer at

will laws " . SS says the Ticket to Work Program is a " success " - lol,

I am wondering exactly HOW they came up with that conclusion!

Simply the fact that you have such a long history of true disability,

SS should reconsider this and repayment of the $. Yes, it may take a

hearing, but don't worry about it now. Any Judge, upon reviewing your file,

would grant a waiver, it seems.

Thank you so much for sharing all this with me.

~ Gretchen

[Guest guest]

Gretchen, I have been on disability for almost 2 years now because of

CMT, and I was told both by the attorney helping me get my disability

benefits and the SS Administration that I could still work part time

as long as I did not earn over $810 a month. I don't want to lose my

benefits or have to pay back part of that I have received. Am I safe

to work part time as long as I earn less than $810 a month and still

receive full benefits? --Joe

[Guest guest]

Joe,

I hear you. And yes, you can work part-time, not loose benefits, but

you must stay at that $810 or lower. (for some reason I thought it

was up to $815 now, but I've got so much stuff in my head right

now...)

Also, if you DO start working, even at $810 or lower, you MUST

immediately let the SSDI people know this. Second to that, two things

MAY occur: 1) a trial work period begins, which means 9 months of not

necessarily consecutive months, and then 2) you may get a

early " Continuing Disability Review " . (paperwork for you to fill out,

send back.)

And remember, keep copies of everything you send to SS and also if

you call on the phone, do not leave messages, speak to a real person,

give them your information on work, and make sure you get THEIR name,

ask them to spell it. Write this down and keep this in your

records/files. Very important, I have one case I am working on now

where the person's files aren't well kept, and I am having to do

alot of work on proving the person did everything right by reporting

returning to work. Something else to consider, talk with your doc

about working - get the doc to " release " you for part-time work,

under medically approved reasons - so long as you are able to have

things like flex hours, work at home, whatever is needed for you to

take care of your CMT FIRST. Your doc can list any special

accommodations you need, like close up parking, needing AFOs, needing

special computer, etc. Get the doc to write this in a letter and send

to you, then YOU get it to the SS people, keeping a copy for yourself.

If for some reason you DO start making over the $810 a month, that

can trigger a total review of your disability because SS

will " interpret " that as your ability to do Substantial Gainful

Activity " (SGA) which in turn can result in horrible things like

overpayments, cessation of benefits, etc. I know making $810 a month

is horrible, and not one of us here would interpret that " substantial

gainful activity " definition to be real, but that's what the SS Rules

are. Sure, SS wants disabled persons to work, and yet, so many are

afraid of working for fear of loosing benefits, so don't even do PT

work. There is something in the new rules being drafted now about the

whole SGA item but it won't be out till next year.

Hope this helps.

~ Gretchen

[Guest guest]

Thanks, Gretchen. Didn't realize it took so much paperwork for me to

work 6 hours a week for 4 months, but I think it's worth it just to

get back into circulation, even though it's just for a few hours a

week. I checked on the top monthly earnings--it is now $830. --Joe

[Guest guest]

Hi Gretchen-A little slow on the rsponse here. Had a great summer here in KC

being with Ryleigh. It's been so enjoyable watching him grow, learn and

explore new things. Not sure if I told you he has a hearing loss. We all learned

that while still in Florida. for the past 3 weeks now he finally wears his

hearing aids without pulling them out. What a difference it has made for him.

All the new sounds he is making. He did good without them but oh my with them!

He has speech therapy everyother week too. He likes music and he enjoys

singing. He does itsy bitsy spider so cute.My late son was deaf but wore aids

from

10mos and he did exceptional with hearing and speech; so we know Ry is going

to do fantastic! I'm just sorry for le as a mom. And I pray this is

NOT CMT related as does le too. Her CMT hasn't progressed and I'm very

happy about that. That was my biggest worry while she was pregnant and

after.She just had new leg braces made after wearing the same one for about 12

yrs

now.She has 2 pairs..up the calf and cute little shorties. I can't wear the

shorties I need the support on my legs.

Looking forward to the fall and going to the pumpkin patch with Ry.This has

been the best dose of life for me.I can't thank my husband enough for making

the move from our home of 26yrs in Fl to KC. It is a BIG change and we left so

many friends back there.

By the way I went to the files and I'm not able to open them???

Thanks for all you do Gretchen.

Barb