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free_spirit_etc

Social Security Is Evil - The Sequel

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To add to the Social Security is evil post - but it was long enough just concerning my son's claim - so I thought I would so a different thread for this one.

They have REALLY played games with MY claim.

Feb. 5 2007 - my husband died.

Feb. 14 2007 - I report his death to Social Security and they take a phone application for lump sum death payment. They tell me to go to the local office to apply for Survivor Benefits.

Feb. 19 2007 - I receive a Notice of AWARD from Social Security - granting me the lump sum death payment. It also includes the blanket closeout - telling me I am not entitled to other benefits - but if I think I am - I will need to fill out another application.

February 21 2007 - I go to the local office. They allow me to apply for payment of the last check due my husband, but tell me I am not eligible to apply for survivor benefits. They also will not let my son apply. They tell me he is not a child. (Hmm) Then they tell me he is not disabled. (He has been on SSI since he was 14 - is 28 now). Then they tell me he isn't my husband's child (Doesn't that seem like something you would ASK someone, rather than TELL them?) Then they finally decide he CAN apply - but only if the adoption is finalized. (which is not true - he was also his step-child and equitably adopted child). They give us an appointment for when we anticipated the adoption would be final.

March 16 2007 - The adoption court date was delayed - but I kept the SSA appointment and asked that they allow my son to apply as an equitably adopted child. She allows him to apply. Takes the Adoption prceeding papers - and a copy of my husband's Will in which he stated he wanted my son to be considered his child - and that in the event he died prior to the completion of the adoption - he wanted it to be completed. She says she has all she needs.

I asked to apply for Mother's Benefits. She tells me there are no Mother's benefits for equitably adopted children (NOT true - still a child entitled under the worker in your care). And she told me that even if the adoption is completed - my son would have to be PHYSICALLY disabled and require my physical care in order for me to get Mother's benefits. (NOT true - A MENTALLY disabled child is presumed to be in your care if they live with you, unless their is evidence to the contrary).

But I was not allowed to apply for Benefits. And there is no online application for Mother's Benefits. Gotta do it at the local office.

March something - I recieved notice I would get my husband's last check and informed that I was not entitled to any other benefits on my husband's record.

March something - my son's application was denied - as there was no evidence he was living with my husband or receiving support from him when he died. (Something she never ASKED).

April 4 2007 - I file an appeal stating that I have not been allowed to apply for Mother's benefits and that I request to be allowed to apply for them prior to a decision being made that I am not entitled to them. I hand deliver it to the local office. Did not get it stamped.

April 19 2007 - Ms. L__ calls me to discuss my appeal. She sets an appointment to take a phone application May 4.

May 4 2007 - She calls. She still doesn't understand why I filed an appealed. She tries to explain I can't be entitled unless my son is approved. I try to explain I appealed because I received a notice that said I was not eligible - the letter said I had 60 days to appeal - I hadn't even been allowed to apply - I was appealing the decision made that I was not eligible for benefits I had not been allowed to apply for.

I informed her my son's adoption was finalized. (My husband adopted my son). She told me he should file a NEW claim - as he would be automaticlally APPROVED now. And I should file my claim at the same time. She set us an office appointment for May 18, 2007.

May 18 2007 - We go to the office. Mr. S:( takes our applications. I ask about submitting evidence about support and living with. (the issues on which my son was initially denied). He tells me it is not needed - as my son was adopted and WOULD be approved. I asked to submit it anyway (because of the harm of having other agencies getting ahold of the Social Security "You weren't living with him or receiving support from him" crap. I wanted his record to be correct. Mr. S:(refused to take such evidence. He told me it was a moot point - since my son would be approved anyway.

Mr. S:( told ME I was only being allowed to apply because I INSISTED on applying. (He wasn't very encouraging about my odds of being approved).

May 27 2007 - Mr. S:( was in such a hurry to deny me that he couldn't even wait the ten days you have for correcting any errors on your application. He denied my claim NINE DAYS after I applied. This was a MONTH before he even processed my son's application (upon whom approval my own claim would be contingent).

Of course, he who said no evidence of support or living with was needed ALSO denied my son's claim because the evidence didn't show he was living with my husband or receiving support from him. (I didn't know that it was HE who denied the claim at first - it wouldn't occur to me that the same person who refused to accept any evidence would deny you due to lack of evidence).

June 5 2007 - I appealed the May 27 decision nine days after I received it.

July 16, 2007 I receive a letter from Mr. S:( that says "No request for appeal has been filed to date because we did not have a claim to appeal before we took your initial claim.”

No one at Social Security could tell me what that meant - until they tracked down Mr. S:( - who had sent the letter.

He told me NO appeals had been filed in my case. Not the April 4 appeal and NOT the June 5 appeal.

I informed him that the toll-free number verified they received my June appeal - but not the April appeal.

Mr. S:( insisted I had NO right to appeal in April because I hadn't file an application yet. I again informed him I had recieved a notice that I wasn't entitled to other benefits - and I appealed THAT decision. As I still had not been granted benefits - my appeal was STILL active.

Mr. S:( insisted he did not have ANY copies of ANY appeals in my file.

(If he didn't have a copy - why did he send me the letter telling me no appeals ahd been filed because there was nothing to appeal - and why was he standing there arguing with me about how I had no right to appeal in April) He just wanted to PRETEND he didn't have the appeals.

I handed Mr Ssssss copies of my appeals and asked him to make a copy. He handed them back and told me he didn't need them - as there was nothing to appeal.

I told Mr. Stein I wasn't stupid. He looked directly at me. His eyes changed - a "moment of fear" kind of look - He realized I wasn't stupid. He knew that I knew. I figured he would pretty much do whatever it took to cover his tracks in this.

Bingo. Right. Mr. Ssssss sent me ANOTHER letter that day - telling me I must have "accidentally gathered" my appeals when I was at the office and asking me to return them.

I figured the game was to ACT LIKE I had not TRIED to appeal until July. To act like I had JUST then come by with the April appeal - and had gathered it up when I left. So he could get it back - send it in - and not mention that it was HIM who never filed it.

I did not return the appeal to him until AUGUST 8. I wrote a letter and told him I didn't accidentally "gather" my appeal. That I had handed it to him - and he had handed it back and refused to take it.

I also submitted ANOTHER appeal. Dated August 8 2007. In this appeal - I SPECIFICALLY appealed the decision that was made to not allow me to appeal in April. I asked for Social Security to make a determination as to whether I was denied benefits and whether I had the right to appeal that decision. I spelled out what was going on - and how Social Security wasn't allowing me to appeal. I asked that they accpet my April appeal as valid.

I got my August appeal date stamped - but the toll-free number had no record of an August appeal.

They did have a record of my June appeal. and a JULY appeal. I submitted NO appeal in July. I imagine that Mr. Ssssssss submitted my April appeal then, and acted like it was just them submitted to them. (i.e. Not timely).

I was mostly concerned with the April appeal to protect my filing date. My June appeal WAS received - but it would only go back to the MAY decision.

I received my - what I THOUGHT was a reconsideration in October. I suspected that whomever wrote it was "in on" this game - because of the wording - and the selective vagueness and the selective specificity. (I.e. "You applied in EARLY 2007. You were notifed ON FEB 19 that you weren't entitled to monthly benefits. Your "JUNE-JULY appeals... )

Anyway they decided my "June - July appeals were not "timely." Now get this. They not only did not acknowledge I submitted an appeal in April - they also decided my JUNE 5 appeal was NOT timely. Though the June 5 appeal was appealing the decision made nine days earlier. And though the decision was the first decision made AFTER I was allowed to APPLY for Mother's Benefits. And though the denial letter SPECIFICALLY SAID I had the RIGHT to appeal - the Oct 15 2007 letter states that the May 27, 2007 decision was merely a “supplemental notice after February 19, 2007, expounding on the initial determination.” and is “irrelevant in this matter.”

So what THEY are saying is that I did NOT appeal the Notice sent to me that said I wasn't entitled to monthly benefits - FIVE DAYS AFTER REPORTING MY HUSBAND'S DEATH to them. And therefore I do NOT have the right to appeal ANY decision - even decisions made after I filed the application - because those aren't decisions - they are merely supplemental notices expounding on the inital determination (i.e. notice 5 days after reporting my husband's death).

WHAT a BUNCH of hog wash!!

I was aggravated - but I filed a Reconsideration Request and a Request for a Hearing by an ALJ - and figured I would get some justice at some point in the game - just gotta get it out of the hands of the game players - and move it up.

WELLLLLLL - not so easy. They are pretending my son didn't file a request for a hearing - but I just recently sent a copy of the date stamped request directly to the hearing office.

I sent a copy of MINE too. (Social Security is saying they have NO record of EITHER of MY requests). But now - I looked at it more - and read some more laws - and realized. My Oct 15 letter was NOT a Reconsideration. It was a DISMISSAL of my appeal. It did not SAY they dismissed my appeal - but it says they cannot accept my appeals as "timely." ANd it does not SAY I have no right to appeal their decision - but it doesn't have the paragraph on appeal rights either.

I read the law - and if your appeal is dismissed as not timely - you do not have appeal rights to appeal THAT decision.

So basically, they were able to block my appeal from getting higher up the ladder - and I have NO right to APPEAL that!!!

They have pretty much tried to assure that anything I send will be sent just to THEM - so THEY can decide whether to reopen and revise - because they took away my right to appeal.

They had NO right to do that. I DID appeal in April. Mr. SSSss wouldn't submit it. I DID appeal in June. And the June appeal WAS valid - even if I had NOT appealed in April. And I have a DATE STAMPED copy of my AUGUST appeal - where I speficially told them I was TRYING to appeal but that Social Security wouldn't LET me!!!

But nope. With their wishy-washy - "You applied in EARLY 2007. Your "June-July appeals cannot be honored as timely" "THe fact that you were sent SUPPLEMENTAL NOTICES (i.e. DECISIONS) after Feb 19 expounding on the original determination is irrelevant in this matter." they were able to take away all my rights to due process and keep the ball in THEIR court!

DAMN THEM! Whomever made the Oct 15 decision is IN on Mr. Sssss's Game!

They know dang well what is going on.

Again, if I am NOT eligible then it should be pretty easy to deny me fair and square. There would be NO need for all the games.

They have wasted HOURS of my time -- hours and hours of research (because on my son't claim every law they quoted was misapplied).

I know I have to watch my step in dealing with a congressinal inquiry - because they will just give THEM the story of my untimely appeals - so I have to really fine tune my request so they can't dance around it and convince the Senator I am crazy and explain it away.

I did find a way that I MIGHT get around it - by filing a MISINFORMATION claim. The basis of this is that Social Security employees MISINFORMED me - and prevented me from applying for benefits until AFTER the date the Oct 15 decision said I lost all right to appeal had passed.

The Misinformation claim has got to be adjudicated - for someone to make a decision to see if Social Security employees misinformed me - and even if it is denied - it HAS appeal rights- meaning I can appeal up to where someone with some brains can see the dang game. So it would re-open my appeal rights.

I certainly have enough evidence with the appeals I have date stamped - and the fact that they never got in my file when I submitted them, and my phone records showing that Social Security CALLED ME after my April 4 appeal - and how my April 4 appeal specifically SAYS they wouldn't let me apply for benefits and also asks them to check their regulations in regard to the reasons they were giving me that I am not eligible. Surely SOMEONE in the system will be able to SEE the game they have been playing.

And THEY KNOW that they had no right to consider my June 5 appeal as untimely. But they also know that if they determine it is untimely - the decision is not appealable.

AND Hopefully if I can appeal up - I will get a chance to at least have my evidence to entitlement be seen. (It isn't rocket science. My son is my husband's legally adopted child. My son is mentally disabled. He lives with me. Even THEIR doctors say he needs supervision!!!) Geez!

(Of course, the Oct 15 decision says he is "totally emancipated and not under the parental control of any one at any time after Dec 2005." That's news to me!! I have NO idea WHAT occured when he was 26 to emancipate him - except for that is the month my husband was considered disabled - so it is a convenient time to decide my son was emancipated).

SOOOOOOO - I am working on the Misinformation Claim - to open my appeal rights back up - and thinking of sending a copy to a Senator - and asking THEM to follow up on it - and also asking if they can request the decision be made by someone other than the local office.

I have filed a discrimination complaint - on behalf of my son and myself. But we haven't heard anything on that yet. And also I don't know if they will handle the complaint in my case, as I don't have any disability, age, race, concerns. It is just outright discrimination.

I might have a basis for retaliation discrimintation. But that has to be based on being discriminated against because you filed a complaint. And they are just discriminating because they are evil and they decided right off the bat I shouldn't get benefits and have done everything in their power to keep that from happening.

Anyway - I ahve been somewhat busy with Social Security for the past year and a half.

It should have been as easy as filling out an application, giving them a little bit of evidence, and getting approved.

But it has been kind of like being in hell and having assigned seating next to your ex-spouse.

Any ideas??????????

Free

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Guest Dataman

I wish I could give good advice. All I can think of would cause you worse problems.

So every time you go by give the "Finger Wave" and say some choice Words.

Sounds like your on top of it at least!

Keep it up!

Edited by Dataman

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I am truly sorry for all your problems, I hope you get them worked out soon.

I have always for legal reasons sent all correspondence to anyone ie creditors, VA, SSI by certified mail, return receipt. I have a signature of the person who took whatever I sent them. It's legal proof of the date and time it was sent and recieved.

I would suggest you send it CMRR in the future.

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Oh - I DO now...

I didn't get the April 4 appeal date stamped, but I have evidence they received it. The June 5 appeal they acknowlege receiving - and it WAS timely - but as they are calling the May 27 decision a supplemental notice (though it was CLEARLY an initial decision)- they can PRETEND it was not timley.

I got the August 8 decision DATE STAMPED by the local office. The August 8 appeal specifically addressed Mr. Ssss decision to NOT file my April 4 appeal - so IT never got filed either (But I DO have a date stamped copy).

I took our December appeals to ANOTHER local office and got THEM date stamped. I imagine they sent it to MY local office - as IT didn't get filed either.

So I have all the EVIDENCE of my appeals being timely. That is the "evilness" of their Oct. decision. They knew if they dismissed my appeals as being untimley - the decision is final and not open to appeal. So instead of my info being sent on for higher level review - they can keep getting it right at THEIR desk - as I lost the "right" to appeal - so the only decision that can be made is whether to "reopen" - which is made by them.

Finding my way around the block - Congressional inquiry - and filing a misinformation claim, based on if they say I lost all right to appeal in April - and the local office didn't allow me to file for Mother's Benefits until May - then Social Security employees prevented me from filing my application until the deadline they now maintain the decision had to be appealed is past.

Free

I am truly sorry for all your problems, I hope you get them worked out soon.

I have always for legal reasons sent all correspondence to anyone ie creditors, VA, SSI by certified mail, return receipt. I have a signature of the person who took whatever I sent them. It's legal proof of the date and time it was sent and recieved.

I would suggest you send it CMRR in the future.

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Get an SSD attorney.

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