Social Security Is Evil

[free_spirit_etc]

I cannot think of another word that would aptly describe my attitude about certain Social Security workers now except the word "evil."

Am trying to cover my bases - but am open to suggestions.

This a a claim for survivors benefits.

Case History

My husband died Feb 5, 2007. I Reported my husband's death to Social Security Feb. 14, 2007. They did a phone application for Lump Sum Death Payment. Told me I would have to go to the local office to apply for survivor's benefits.

My son is in my care. He lives with me. He is disabled (on SSI since he was 14). And my husband was in the process of legally adopting him when he died.

Our state adoption laws direct that if an intended adoptive parent dies after the court has obtained jurisdiction - the adoption shall proceed to final judgment. It basically protects the child's right to be adopted by that person if the person dies during the adoption process. The Senate Transcripts on the passing of that law even SAY they passed the law in order to uphold that child's right to get insurance, Social Security, etc. of the parent who was adopting them.

The FINAL Adoption Order was entered after my husband's death - My son is now the legal son of my husband and myself - and he has a new birth certificate listing my husband as his father.

We are clearly entitled to benefits - as my son is my husband's legally adopted child, he is mentally disabled, and he is in my care.

He should also qualify in the other categories - as he was living with us at the time of my husband's death - and my husband contributed to his support...though they keep ignoring all the evidence - such as bank statements, the fact that his SSI file says he was living with us, etc. etc. They still keep saying, there is no evidence that he was ordinarily living with the number holder when the number holder died, and there is no evidence that the number holder contributed to his support. Ironically, they keep saying the evidence of record shows the child was supported by his own Title whatever (SSI) funds and the LARGE income of his natural mother.

ACK! They have NEVER ASKED about support! They have never asked what either my husband or *I* contributed to his support. They told me no evidence of support was needed (because my son was adopted by my husband) --But the same guy who told me that denied his claim because there is no evidence my husband contributed to his support -- and I HAVE sent in evidence of my husband's support - I have NO idea what evidence they have of MY support - yet they continue to say the evidence of record shows my son was supported FULLY by his own funds and MY "large" income.

Does it even make sense that a vet - and a military retiree - would marry a woman and bring her disabled child in his home - and refuse to help support the child?

Anyway - they know full well that my son is elgible as my husband's adopted child - without all the support and living with games they are playing - which is why they have remained SILENT on the issue of his elgibility as the adopted child of the worker.

They wrote two pages of why he isn't eligible as a step-child, equitably adopted child, or child adpted by the surviving spouse - but didn't even MENTION his eligibilty as an adopted child.

I am sure if he was not eligible as an adopted child they would have told us - you are not eligible as an adopted child because the adoption wasn't completed until after the worker's death. But they CAN'T say that - because under the laws of the state my son IS the legally adopted child of my husband. So they just stayed silent on the whole dang issue.

So - I wrote in January and pointed that out - and sent in the Final Order of Adoption, the Certificate of Adoption that listed my husband as my son's father (which was signed by the JUDGE ON BEHALF of my husband - as my husband was STILL a LEGAL party to the adoption), a copy of the Illinois Adoption Act

(750 ILCS 50/14b) Sec. 14b. Death of intended adoptive parent prior to entry of judgment. After any court has acquired jurisdiction over the person of any intended adoptive parent in an adoption proceeding, if the intended adoptive parent dies before entry of final judgment, upon petition by the other intended adoptive parent or the child's guardian ad litem suggesting the death of the intended adoptive parent and asking that the court proceed in absence of the deceased intended adoptive parent to enter a final judgment, in the presence of the other intended adoptive parent or the child to be adopted who is a party to the record, the court shall proceed to hearing and final judgment.

The law doesn't just ALLOW the courts to proceed with the adoption - it DIRECTS them to.

I even sent a copy of the Sentate Transcript from the passage of the law - where the Senate stated the law was designed so that children would NOT be penalized if the parent who was adopting them died in the interum between the initiation of the adoption and the final order - and SPECIFICALLY said - so the child would be able to receive SOCIAL SECURITY, insurance, etc. from that parent.

No question about Congressional intent there.

Anyway - I sent all that in - and REQUESTED that they MAKE A DETERMINATION as to whether my son was my husband's LEGALLY ADOPTED CHILD under the LAWS OF ILLINOIS. I requested that they send the question for a legal opinion if neccessary - as POMS directs - as we were even told WAY back in February 2007 my son couldn't apply UNLESS the adoption was finalized (which was bull*&^&*) and they have denied him at both the local and reconsideration (more local, actually) level - and still NO ONE has ADDRESSED the issue of his LEGAL ADOPTION (in their repeated attempts to deny him benefits through other categories).

I also sent them:

Under POMS GN 00306.001 Determining Status as Child, which states:

D. Procedure - FO Development

Follow these guidelines in developing child relationship:

You must explore all possibilities of entitlement before disallowing a child's claim because the relationship requirements are not met. You may develop the child's relationship under any applicable provisions consecutively or concurrently (e.g., development under State law and section 216(h)(3)). In general, follow the line of development that will permit payment as soon as possible. However, pursue any earlier possible entitlement date once the child is on the rolls.

The closest they have come to it is now, 5 months later, Social Security has still not addressed the issue. The letter we received May 12, 2008 states: “The question is reserved as to whether you can be validly adopted in Illinois solely by your natural mother after her husband’s death.”

That is NOT the issue - and they are dancing all around it because they know he is eligible as my husband's legally adopted child - but they can't play the "we have no evidence of whatever they pretend to not have evidence of" like they can in the other categories.

Additionally - His Oct 15, 2007 denial said if he disagreed - he had to ask for a Hearing. But when we called the toll-free number - they sent us forms for Reconsideration.

Due to their game playing - I submitted BOTH.

I added in the last paragraph "“Though the October 15, 2007 decision states we must request a hearing before the Administrative Law Judge, the person at the toll-free number sent us Request for Reconsideration forms. To be on the safe side, and to assure that our son is not penalized for submitting the wrong form at the wrong time, we are submitting both. We trust that Social Security will know which one to process.”

In response to your statement “You were notified at that time that if you disagreed, you should file a request for a hearing. Nothing was said about filing another request for reconsideration.” and tells us they cannot honor the materials submitted “circa April 2008” as a Request for Reconsideration.

They are acting like we didn't request a hearing. Totally ignoring that. Luckily, I took them to ANOTHER local office to submit them (as the office who is doing all this won't submit most of my stuff - and acts like they didn't get it). AND I GOT THEM DATE STAMPED.

Because this office is acting like we didn't request a hearing - and even if we send evidence that we did - they will ignore that too - I sent a COPY of the DATE STAMPED Hearing Request DIRECTLY to the Hearing Office - and asked that they accept our RE-submitted hearing Request.

I am hoping that will take us around some of the games.

I am sending all the material to the Program Service Center now - by certified mail - instead of taking it to the local office - But I think they are just sending it back to the local office to play their games.

I submitted a discrimination complaint in February - but have not recieved a response. I called the number it said to call and left a message several weeks ago -but have not received a call back.

And every time you call ANYONE in Social Security - their answer is to go to the LOCAL OFFICE to handle it. The local office IS the problem!!

So - I submitted the Request for Hearing directly to the Hearing Office - and am HOPING they don't send it BACK to the local office to process - because they are trying their hardest to block anyone else from reviewing this claim. (which is a whole other story on the crap they pulled on MY claim).

AND - I am drafting a letter to our Senator - informing him it has been a year since we applied for benefits - and they still haven't even tried to determine if my son is legally adopted - and ask for the Senator to inquire about the status of the legal adoption determination.

I think if he will do that - then that might bump the claim up past the people that are playing games with it. I also think it will be hard for them to say he isn't legally adopted and explain to a senator why they decided to not follow the laws of our state in doing that.

I also thought of asking the Senator to have someone outside the local office look at the claim.

If we are not entitled to benefits it should be easy enough to deny us without resorting to all the games. The fact that they need to play games is telling in and of itself.

Any other ideas?

Free

[Josephine]

Free,

A letter to your Senator is long over due.

I think this would be the best thing to do.

Always,

Betty

[Pete53]

I wish you the best as always Free