free_spirit_etc

If you have / had an attorney for any other matter, you might want to ask who they would recommend. You also might want to ask for recommendations from people in your area. National Organization of Social Security Claimants' Representatives http://www.nosscr.org/ also gives referrals. When I was looking for an attorney, I found that most of them won't give you an appointment initially. They generally screen you by phone first (or often have an assistant do that). I am hoping someone with more experience in hiring an attorney will come along and add their insight. I wish you luck! And I hope you are feeling better (at least a little bit...)

I am so glad I could help. And wish I could have been more help…or more consistent help. I do my disappearing acts from Hadit from time to time. (I am sure you have noticed. ;) ) But the real credit goes to YOU. And yes – lol – you would NOT shut up. Every time I logged in – there you were – talking about your case until you MADE us listen. And you got us on board, one by one, figuring out ways to help you with your claim. I am still in awe of the diligence you showed when 99.99% of people would have given up. You inspired me! And yes, I wanted to give up many times on my Social Security claim. I remember when I took our Hearing Requests to another office. I did that in hopes that they would get filed – and to get date stamped copies in case they disappeared. But I had to BEG them to accept the appeals. The guy was REFUSING to accept them! It was SO crazy! I tried to appeal. My local office wouldn’t file my appeal. But then the reconsideration dismissed my appeal (saying I didn’t file the appeal the local office wouldn’t file). So when I tried to appeal THAT – here was one more person telling me I could NOT appeal. Talk about a Catch-22. The guy was snarling and kept telling me that it was MY fault my claim was messed up. (I later found out they had “tagged” my record indicating that I complained about everything and tried to play the offices against each other – which somewhat explained his behavior – but was also odd because this was the only time I went to a different office.) But it is so good that I did go to the other office, because if I had not pushed to get those date stamped copies, I wouldn’t have had any proof that we had appealed when they, once again, said we didn’t. But I left the SSA office that day sobbing so hard I couldn’t even drive. I just sat in my car and sobbed and sobbed. Right then, I wanted to just give up. But I could hear my husband say “NO! Don’t you back down!” (He never did like it when I backed down in an argument if I thought I was right.) So I hung in there somehow. And I know I borrowed strength from you. This Christmas is harder on me than I expected it to be. But then, again, it is only my second Christmas since my husband died. I have so many happy memories. The big ones - like our Christmas trips. And the little ones - like how he always hand drew little hearts on the gift tags on all my presents. I find myself crying at odd times. But then again, the tears don’t last long and I find myself smiling at odd times too. :) I feel blessed that the “bitter-sweet” is much sweeter than it is bitter. I am wishing a wonderful Christmas to you and your husband – and feel blessed by your support and your friendship. Free

Pete, I think you are so right! There is really nice blog by an ALJ who currently hears cases in St. Louis. In his post on "Being Represented" he indicates that though some claims fall in the obvious approval category and some claims fall in the obvious denial category - a large portion of the claims are harder to decide, and that many can be won with competent representation. http://edpitts.blogspot.com/2008/10/being-represented.html Other posts about his hearings can be found at: http://edpitts.blogspot.com/search/label/SSA%20hearing In my own case (and my son's) I was unable to find competent representation (or even incompetent representation for that matter). Most attorneys don't seem to handle survivor claims. However, we were VERY fortunate to have a competent Judge. ;) (The author of the blog was our Judge.) Though we were eventually granted benefits, I believe the process would have been somewhat faster and a million times smoother if we would have had a (competent) lawyer. There were times when I didn't know if SSA was going to chew us up and spit us out, or just swallow us whole. Give my regards to Mrs. Pete! Free

Wow! That is sucky! Appealing is a good thing, but that takes some time. You also need to find ways to get through the moment. I am "furnaceless" at the moment too. Don't want to put much money into fixing this one if I will need a new one. But don't want to buy a new one in a rush. And if I call the repair guys - they want to start putting all kinds of parts on - without fixing the part that really needs to be replaced. Not sure if you have the means to haul one - or know how to put one in - but I see lots of used (supposedly good) furnaces on Craiglist right now, since people are putting in newer ones for the tax rebate. We tried heating with a fireplace during an ice storm - and it actually made the house colder unless the fire was blazing and you were sitting right in front of it. I use a few of those radiator heaters - and just borrowed a Comfort Zone "portable furnace" from a friend. Was thinking of buying one - and she is letting me use hers. I am also learning to insulate better. Found some really neat ideas - like using bubble wrap on the windows. I wish you well on your claim - and hope you find a way to stay warm in the meantime. Free

I agree with Pete - do NOT give up - and get a lawyer. So many claims are denied at the initial level - but approved with the ALJ hearing. Often, the earlier levels can only determine if you fit EXACTLY in the parameters. (Those being listed at http://www.ssa.gov/disability/professional...ders-Adult.htm). But even if you don't fit EXACTLY in those parameters - an ALJ can STILL grant the claim (ALJs are given more discretion to think). Unfortunately it takes awhile, but do not give up! And of course you are down. Most anyone would feel that way right now. A denial feels like a punch in the gut (and then some).

Thanks! I finally did get paid - for that, at least. But yes, I had to contact my Congressman. Even when I had called and sent IRIS under the "special program" for widows who had not gotten paid - I just got a run-around or non-response. After the Congressman contacted them - I got my check REAL fast - and a letter where they actually admitted it was THEIR error that I did not get paid much sooner.

http://www.ssa.gov/retire2/military.htm Special Extra Earnings for Military Service Since 1957, if you had military service earnings for active duty (including active duty for training), you paid Social Security taxes on those earnings. Since 1988, inactive duty service in the Armed Forces reserves (such as weekend drills) has also been covered by Social Security. Under certain circumstances, special extra earnings for your military service from 1957 through 2001 can be credited to your record for Social Security purposes. These extra earnings credits may help you qualify for Social Security or increase the amount of your Social Security benefit. Special extra earnings credits are granted for periods of active duty or active duty for training. Special extra earnings credits are not granted for inactive duty training. If your active military service occurred * From 1957 through 1967, we will add the extra credits to your record when you apply for Social Security benefits. * From 1968 through 2001, you do not need to do anything to receive these extra credits. The credits were automatically added to your record. * After 2001, there are no special extra earnings credits for military service. How You Get Credit For Special Extra Earnings The information that follows applies only to active duty military service earnings from 1957 through 2001. Here's how the special extra earnings are credited on your record: Service in 1957 Through 1977 You are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay. Service in 1978 through 2001 For every $300 in active duty basic pay, you are credited with an additional $100 in earnings up to a maximum of $1,200 a year. If you enlisted after September 7, 1980, and didn't complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with Social Security for details.

That's a good place to feel good. ;) Free

I don't think whether you are approved or denied has anything to do with whether they will tell you. They seem to have some "rule" not to tell people on the phone..even if they know what the decision is. It is possible that your SSA claims rep might be able to tell you, if you go to the office. Though I am sure they would most likely rather have people wait and get the written decision. The letters do go out pretty quickly after the decision, unless it was a Hearing (those take awhile). And keep in mind that though Social Security does not consider partial disability (only 100%) - 100% does NOT mean not able to do anything ever. 100% means not being able to consistently engage in SGA (substantial gainful activity) - i.e. consistently work and earn at least $1,000 per month. Good Luck Free

Thank you to everyone for your positive words. Ironically, I had expected Social Security to be a breeze - and expected the VA to take a couple of years. But I underestimated the difficulty of getting SSA if certain employees decide you shouldn't get it, regardless of whether you are entitled to it or not. Though pursuing the Social Security took 110 percent of my focus and I haven't stayed very active on this board, the skills I learned at hadit were what helped me be successful in my claim (i.e. mainly hanging in there long enough for my claim to get in the hands of someone with no desire to play games.) Josephine - it is so beautiful to see the 100% service connected under your name. Free

I finally got my decision letter from my hearing - and was awarded "mother's benefits" from SSA. Whew! Something I thought would be simple took an enormous amount of time and energy. There were a lot of games played - senseless games. So it took a lot of studying of Social Security laws to hang in there. Fortunately, we were blessed with a wonderful judge. Gotta start focusing on the VA now. At this point - with the VA: 1. I have just contacted my Congressman's office to get their assistance getting copies of my husband's discharge physical and the VA medical opinion that was used to deny my claim (that I have been trying to get for a couple of years). 2. I have a Notice of Disagreement concerning my Notice of Disagreement. It was clearly mailed prior to the deadline. The VA acknowledges they received it within the 5 day time frame of the deadline. But they still dismissed it as untimely. 3. I have an active Notice of Disagreement on my husband's burial claim. They paid $300 for funeral, but not for burial. Had to prove AGAIN that he was buried. 4. I submitted evidence under the Special Processing for Missing Documents - i.e. resubmitted all the evidence I sent by certified mail that the VA signed for but denied receiving. I hate the games.

The Processing Center determines the amount to send and processes the check. My son started getting his benefits (Survivor) in May 09 and got his back pay in October. So it took some time. He did not get any additional letter on the back pay. It just showed up one day.

I think they only get paid if they are the prevailing party. And they also have to show that the government's position was not substantially justified. http://www.equalaccess2justice.us/cgi-bin/...AJA+Information LIMITATIONS OF THE EQUAL ACCESS TO JUSTICE ACT ARE SO GREAT AS TO DENY EQUAL ACCESS TO JUSTICE Dear U.S. Citizen: Congress enacted the EQUAL ACCESS to JUSTICE ACT of 1948, as amended, (EAJA),to encourage lawyers to undertake litigation to vindicate constitutional and statutory rights of those individuals who could not otherwise afford to vindicate those rights. (June 25, 1948 ch 646 ' 1, 62 Stat. 971) The purpose of EAJA is to insure that people would not be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in pursuing their rights. EAJA accomplishes this purpose by providing for the recovery of costs and attorneys fees etc. to prevailing parties in actions or proceedings against government or their officials, under specified circumstances. Essentially, the government waives its sovereign immunity in those specified circumstances. EAJA limits recovery of costs and attorneys fees etc. to specified administrative proceedings. Only those administrative proceedings where: (1) they were to be determined on the record after opportunity for an agency hearing, by law; (2) they were not one of the statutory exceptions; (3) the government was represented by an attorney; (4) the position of the agency was not substantially justified; (5) there were not special circumstances; (6) they were subject to the Administrative Procedures Act; (7) and, the party prevails; are subject to EAJA. (5 USCS " 504 and 554; Ardestani v. INS, 502 US 129, 112 S.Ct. 515 (1991)) EAJA limits recovery of costs and attorney fees etc. to specified legal actions. Only those legal actions where: (1) they were not sounding in tort; (2) they were not one of the statutory exceptions; (3) the position of the government was not substantially justified; (4) there were not special circumstances; and, (5) the party prevails; are subject to EAJA. (28 USCS ' 2412; Pierce v. Underwood et al., 487 US 552, 108 S.Ct. 2541 (1988)) EAJA limits attorney fees to $125 per hour, without some justification for a higher fee. (Baldi Bros. Constructors v. US, 52 Fed. Cl. 78 (2002)) Justification for a higher fee is limited to cases where specialized attorneys are required. Equal Access to Justice, Inc. submits that these limitations, effectively, countermand the purpose of EAJA and thereby deny equal access to justice to the people of the United States.

The attorney will receive a portion of your retro pay. The attorney will receive the same percentage of the retro pay regardless of how long they have been on the case. So often the earlier you get an attorney, the better because: 1. They will get paid the same amount anyway. 2. They can often get your claim approved sooner - by making sure the claim is fully developed in earlier stages. 3. They don't have to try to undo any "damage" that was done before they became involved (they can prevent it in the first place).

You can search this database and see what any federal employee made in 2008 http://php.app.com/fed_employees/search.php

On the 6 credits away from BS - are you currently in school? Initial denials are pretty much par for the course. You say you pain meds say you can't drive. Do you drive? O% for testicle pain? Being a female, I have not had that experience - but whatever rater gave you a 0% must have never had testicle pain. I just can't imagine what 0% on that would be.

I'm glad your test was okay. I am sorry you had to go through that. Free

http://www.oregonlive.com/special/index.ss...tabase.html?app Search judges’ decisions In response to a Freedom of Information Act request by The Oregonian, the Social Security Administration released the production numbers and approval rates for all of its administrative law judges. The agency released complete reports for 2005, 2006 and 2007. The table for 2008 covers most — but not all — of the year. To search the database, enter a judge’s name or select a year. You can sort the table by any of the categories by clicking on the category header

https://secure.ssa.gov/apps10/poms.nsf/lnx/...%21opendocument GN 02820.100 Individuals Selected for the Economic Recovery Payment (ERP) after May 2009 and through December 2010 A. Introduction This section explains which Social Security and Supplemental Security Income (SSI) beneficiaries will receive an Economic Recovery Payment (ERP) after May 2009. SSA will perform regular “catch-up” runs throughout 2009 and 2010 to pay ERPs to newly eligible and payable individuals. SSA will send a catch-up notice about the payment to each individual selected to receive an ERP (see exhibit at GN 02820.100E). B. When will individuals be selected for payment? Individuals will be selected for payment in catch-up runs that will occur: Each month, starting in June 2009; and Bi-monthly in 2010 and ending December 31, 2010. C. Who will be selected for payment? Individuals who are eligible for an ERP will be selected in a catch-up run (for Title II, see GN 02820.010 and for Title XVI, see GN 02820.020). Individuals newly eligible in the 3-month period, November 2008 through January 2009, may be selected for one of these reasons: There is a newly awarded claim. These cases will be selected in the next catch-up run after adjudication. There is a favorable appeal decision. An SSI record previously showed that the recipient did not meet the ERP requirements. For example, an SSI redetermination changes a period of ineligibility for a recipient during the 3-month period.

No. Well they CAN, but they don't always. My son was on SSI - and they took $50 a month from him because they said he was overpaid, based on my ESTIMATED income. I took in proof of income, but they said that the estimate had already been verified. Did you verify my income? Because here are my paystubs? No. We verified the ESTIMATE. ???? Estimates are.... well, they are estimates. How do you VERIFY an estimate? I guess you look at it and say "Yup. That looks about right." Anyway - I finally convinced them that my proof (actual paystubs) overruled their "proof" (a "verified" estimate). So they sent my son a check to repay him for all the money he had taken from him. The next month - Guess what. A letter telling him he had been "overpaid" for the exact same amount. I guess whomever paid us didn't change one of the records.. Back then - I just quit fighting it. I figured they would keep it up until they got whatever money they wanted. But now I fight for us. (Of course, now with the internet it is easier - I used to have to go to the library and read law books.) Free

I so wish this wasn't happening to you. You have been through so much already. Free

If WE lied that much they would call it fraud...

Made perfect sense to me. Though Social Security certainly had its drawbacks, one good thing about it was that they handled everything together. They weren't making 40 different decisions about 26 different issues, and sending you 897 different letters - each with different issues, different appeal dates, etc. etc. I think the stratgey of the VA is to keep you "chasing your tail" until you wear out, die, miss an appeal date, appeal the wrong thing at the right time or the right thing at the wrong time, or melt into a puddle. Maybe it would be a benefit to have multiple personality disorder when dealing with the VA. Then you could just assign each personality the task of keeping track of one of the crazymaking issues. Trying to stay sane while dealing with the VA, NOT as easy... Free

Kind of - sort of - a conflict of interest?

GREAT! My son's Hearing was January 6. Written decision February 13. Still waiting... Maybe in another year or two... Free