Posted: 9/9/2016 11:03:49 PM EDT
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My FIL was disabled due to bladder cancer and several other things a few years ago. He put in a disability claim and they said no, and since he was a simple man he never fought it. He is in his 60's and draws SS, question is can i go back and fight it and possibly get him some back SS disability pay? we still have all his med records and for the life of me don't understand why he didnt get it. He paid into SS for years as well. Just need some advice to see if its worth trying to go back and getting some SSDI backpay. This guy worked hard all his life and I am just trying to help him. Thanks |
| Good luck fighting to get back pay for SSI. I have been disabled for the past 20+ years and I for some reason that I do not know do not qualify for SSI. When I turned 18 and first applied for it they said I had to much money for SSI yet I had never worked and didn't know what money they were talking about. It ended up being money my step dad put in investments under his name yet it was for me somehow so I got screwed. Thus I went to College and got a corporate job and had worked them for 16 years till I got laid off. Tried to get SSI again and they said I had to much money in 401k accounts. So I just said fuck that I would rather work than live off of the .gov and every call I get from those that say they are on disability because they cannot work because they are handicap I will tell them I am disabled and have worked for the past 25 years disabled so quit being handicap and get a job. And I have said that on so many escalations as a manager for AT&T wireless I cannot even count them any more. Handicap is a mentality not a disability. Depends do you want to provide for yourself (disabled) or live off of FHRC/FBHO (handicap). That is all it boils down to. |
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Quoted: Good luck fighting to get back pay for SSI. I have been disabled for the past 20+ years and I for some reason that I do not know do not qualify for SSI. When I turned 18 and first applied for it they said I had to much money for SSI yet I had never worked and didn't know what money they were talking about. It ended up being money my step dad put in investments under his name yet it was for me somehow so I got screwed. Thus I went to College and got a corporate job and had worked them for 16 years till I got laid off. Tried to get SSI again and they said I had to much money in 401k accounts. So I just said fuck that I would rather work than live off of the .gov and every call I get from those that say they are on disability because they cannot work because they are handicap I will tell them I am disabled and have worked for the past 25 years disabled so quit being handicap and get a job. And I have said that on so many escalations as a manager for AT&T wireless I cannot even count them any more. Handicap is a mentality not a disability. Depends do you want to provide for yourself (disabled) or live off of FHRC/FBHO (handicap). That is all it boils down to. This right here times 87 bazillion. |
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Quoted: My FIL was disabled due to bladder cancer and several other things a few years ago. He put in a disability claim and they said no, and since he was a simple man he never fought it. He is in his 60's and draws SS, question is can i go back and fight it and possibly get him some back SS disability pay? we still have all his med records and for the life of me don't understand why he didnt get it. He paid into SS for years as well. Just need some advice to see if its worth trying to go back and getting some SSDI backpay. This guy worked hard all his life and I am just trying to help him. Thanks |
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Quoted: Good luck fighting to get back pay for SSI. I have been disabled for the past 20+ years and I for some reason that I do not know do not qualify for SSI. When I turned 18 and first applied for it they said I had to much money for SSI yet I had never worked and didn't know what money they were talking about. It ended up being money my step dad put in investments under his name yet it was for me somehow so I got screwed. Thus I went to College and got a corporate job and had worked them for 16 years till I got laid off. Tried to get SSI again and they said I had to much money in 401k accounts. So I just said fuck that I would rather work than live off of the .gov and every call I get from those that say they are on disability because they cannot work because they are handicap I will tell them I am disabled and have worked for the past 25 years disabled so quit being handicap and get a job. And I have said that on so many escalations as a manager for AT&T wireless I cannot even count them any more. Handicap is a mentality not a disability. Depends do you want to provide for yourself (disabled) or live off of FHRC/FBHO (handicap). That is all it boils down to. He was fine until the cancer got him, just asking if its possible to get backpay as he should had received it 10 yrs ago. |
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Quoted: I've always heard you get denied at least once. Thread is relative to my interest regarding a client. Once they said no one time he said well I guess that's it, had I known about it I would had helped him years ago. |
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That is what I was planning, just wanted to see if I am wasting my time on false hope. Quoted:
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get a lawyer! Looks like it depends on how long ago it was that he was initially denied from: http://www.disabilitysecrets.com/resources/disability/reopening-a-social-security-disability-claim.h# When a Prior Claim Can Be Reopened Whether Social Security can reopen a prior claim depends on how old it is. Prior Claim Less Than a Year Old A prior SSD or SSI claim that became final after Disability Determination Services (DDS) or an administrative law judge made an initial determination can be reopened within 12 months of the date of the decision for any reason. After 12 months has passed, it becomes more difficult to reopen a claim. Prior Claim Two to Four Years Old The rules for reopening claims more than 12 months old are different for SSI and SSD, but in either case, it's a difficult thing to do. Social Security can reopen a SSD claim within four years if it finds good cause to reopen the old claim, and Social Security can reopen an SSI claim within two years if it finds that there is good cause to reopen the claim. For both SSI and SSD, good cause is defined as having new and material evidence about the claim, finding a clerical error in the way benefits were calculated, or when the written DDS decision shows error "on its face." New and material evidence. Something is new and material if the prior decision maker did not consider it, and it would have changed the decision. Error on the face. A decision shows error on its face when the error is obvious and clearly resulted in an incorrect decision. An example is a decision citing a medical report that belonged to someone other than the claimant. Prior Claim More Than Four Years Old Social Security will reopen a case that has been closed for more than four years only for a few very specific and rare reasons. |
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That is what I was planning, just wanted to see if I am wasting my time on false hope. Quoted:
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get a lawyer! Get a lawyer. Most of them seem to work on being able to take X of Y numbers of checks, so they're really diligent about getting the payout fixed. |
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He was a proud man that never wanted a handout, just trying to see if I can find them some help in their last few years. Once they said no one time he said well I guess that's it, had I known about it I would had helped him years ago. Quoted:
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I've always heard you get denied at least once. Thread is relative to my interest regarding a client. Once they said no one time he said well I guess that's it, had I known about it I would had helped him years ago. Did he go back to work? |
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Quoted: That is what I was planning, just wanted to see if I am wasting my time on false hope. Quoted: Quoted: get a lawyer! *never handled a soc sec case in my life |
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I think they get 25% of the back pay up to $ 6000? I've never done it Quoted:
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He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? So it just pays to get an attorney involved. |
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I think they get 25% of the back pay up to $ 6000? I've never done it Quoted:
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He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? So it just pays to get an attorney involved. |
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Quoted: I think they get 25% of the back pay up to $ 6000? I've never done it Quoted: Quoted: Quoted: He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? When my dad got on it, he hired one of these companies that get you approved. It took him two years and he did get back pay. The company took the first monthly payment check and that was it. |
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So it just pays to get an attorney involved. Quoted:
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He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? So it just pays to get an attorney involved. Yes at least as a consult. Most work on contingency so if they don't think they can win they will tell you. |
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Yes at least as a consult. Most work on contingency so if they don't think they can win they will tell you. Quoted:
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He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? So it just pays to get an attorney involved. Yes at least as a consult. Most work on contingency so if they don't think they can win they will tell you. That's good to know, I know of a legit case that has a paper trail from docs a mile long, so if imagine it would be a lay up for some good lawyers. |
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That's good to know, I know of a legit case that has a paper trail from docs a mile long, so if imagine it would be a lay up for some good lawyers. Quoted:
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Yes at least as a consult. Most work on contingency so if they don't think they can win they will tell you. That's good to know, I know of a legit case that has a paper trail from docs a mile long, so if imagine it would be a lay up for some good lawyers. I'm not an attorney but used to represent veterans before the SSA Administrative Law Judges (ALJ) when I worked for the DAV. Funniest story one our or people told me was he and the ALJ were friends and out drinking one night. The ALJ, who was bombed, tells my friend not to bring anyone into his court room that wasn't at least as disabled as he was. My friend was a double amputee, one above the knee and one below, with blindness in the left eye and deafness in the left ear. It was always humorous to listen in to his clients telling him how they couldn't work with bad knees and backs. 
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I'm not an attorney but used to represent veterans before the SSA Administrative Law Judges (ALJ) when I worked for the DAV. Funniest story one our or people told me was he and the ALJ were friends and out drinking one night. The ALJ, who was bombed, tells my friend not to bring anyone into his court room that wasn't at least as disabled as he was. My friend was a double amputee, one above the knee and one below, with blindness in the left eye and deafness in the left ear. It was always humorous to listen in to his clients telling him how they couldn't work with bad knees and backs. Quoted:
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Yes at least as a consult. Most work on contingency so if they don't think they can win they will tell you. That's good to know, I know of a legit case that has a paper trail from docs a mile long, so if imagine it would be a lay up for some good lawyers. I'm not an attorney but used to represent veterans before the SSA Administrative Law Judges (ALJ) when I worked for the DAV. Funniest story one our or people told me was he and the ALJ were friends and out drinking one night. The ALJ, who was bombed, tells my friend not to bring anyone into his court room that wasn't at least as disabled as he was. My friend was a double amputee, one above the knee and one below, with blindness in the left eye and deafness in the left ear. It was always humorous to listen in to his clients telling him how they couldn't work with bad knees and backs. Nice....
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So it just pays to get an attorney involved. Quoted:
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He needs a lawyer, there are armies of ssd lawyers. How do they get compensated? So it just pays to get an attorney involved. North Polar has a thread in team..it has a good lawyer listed...worth the read... |
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He needs a lawyer, there are armies of ssd lawyers. This is the one and only answer. I have known two people who had to take this route and even then it took right around two years. One has an inoperable brain tumor and is not long for this world and the other was seriously injured in a hellish fire. I always wonder about people that "just apply and get it". These two certainly did not. |
| SSDI is not intuitive. There are classifications that are automatic. You just have to prove it, which may seem obvious, but SS has their ways. For instance if you are deaf, you get it. Could be running marathons and in Mensa, you qualify. But your hearing loss in both ears has to be measured and documented. And then there are those that do not meet any standard qualification. They hire lawyers to squeeze them into an existing qualification. In my limited experience with relatives, I have found SS to be fair, but because you are entering the system, simple stuff takes years of waiting. I believe that the lawyers figure on 2 years of waiting, which they claim retroactively as their pay. |
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I've always heard you get denied at least once. Thread is relative to my interest regarding a client. Nope, not true. I have close relative who was approved in less than 3 months There is 5 month waiting period, this starts from the day you submit your application. |
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I've always heard you get denied at least once. Thread is relative to my interest regarding a client. Yep. Get a lawyer, they take a part of the back "pay" from when you first applied/were denied (I forgot which). My mother had to do that (legit) and my mother in law did (lazy woman who uses handicapped parking because she doesn't want to walk). |