Partially Favorable Decision For

[free_spirit_etc]

My son got his hearing decision on his claim for Survivor Benefits on my husband's record. He will get the Adult Disabled Child benefits - and move over from SSI to SSD.

The decision wasn't fully favorable - as it only goes back to May 1, 2007 - instead of February 2007. They approved benefits as a legally adopted child as of May 1, 2007 - but not as an equitably adopted child or a step-child in the interim.

We sure had to fight hard to get there. They played some real power games all along. But we ung in there - thanks to all the fine people who kept rooting for us here at hadit!

I haven't heard on my claim yet. I thought they were going to decide it. But now I hear they are going to schedule it for a hearing.

So - that isn't a real good sign. Because the judge said he could make a decision on my claim IF it would be favorable. And they had me run the paperwork over there ASAP! But then, it kind of dropped - and I am told they will schedule a hearing. So that means (to me) they decided they couldn't make a fully favorable decision. Not sure why.

Free

[Pete53]

Wonderful news and all though nit picky at least your son has the benefits established and will be paid. You could still appeal it but I doubt it will win and I don't know if it means 2 or 3 months lost cause it confuses me the way that they do it.

[free_spirit_etc]

Thanks Pete!

Very confusing to me too! But the battle has shown me that the key to winning is in noticing what they choose to ignore.

It seems to be a matter of getting them to acknowledge something - because once they acknowledge it - they have to let you win.

In this case, they ignored my son's legal adoption. My husband legally adopted my son. We had one final hearing to go when my husband died.

But in our state, adoptions proceed to final judgement even if one of the parties dies in the interum. (i.e. the child and the other adopting parent aren't "penalized" by the other parent's death).

Social Security kept giving me reasons my son did not qualify as a stepchild, equitably adopted child, or child adopted by the number holder's surviving spouse. But it took me MANY times of reading the reconsideration to realize they had NOT made a determination in regard to whether he qualified as a LEGALLY ADOPTED child. They remained totally silent on the issue.

They didn't even try to say "You don't qualify as a legally adopted child, as your legal adoption was not final until after the number holder's death" because he was certainly my husband's legally adopted child - and as a legally adopted child he DID qualify! There were no policies to interpret, no weight to be given to any evidence - it was cut and dried. So they just IGNORED the legal adoption in the decisions. They remained totally silent on the issue!!!!

I even pointed out that they had remained silent on the issue I asked that they make an INTIAL determination as to my son's status as a legally adopted child, submitting the question to Regional Council for a legal opinion if neccessary.

Their response to that was - “The question is reserved as to whether you can be validly adopted in Illinois solely by your natural mother after her husband’s death.”

They really dug in and made sure that they danced all around the fact that my son was my husband's legally adopted child. Because once they admitted that he was they could no longer find any basis (whether valid or not) to deny him benefits.

I firmly believe that the key to winning a claim often lies in the issues they choose to ignore. I also firmly believe that when they play such games as choosing to ignore an issue - especially when you directly point it out and ask for a decision on that issue - that they are INTENTIONALLY trying to deny you benefits to which they know you are entitled.

I also beleive that is unethical.

Free

Wonderful news and all though nit picky at least your son has the benefits established and will be paid. You could still appeal it but I doubt it will win and I don't know if it means 2 or 3 months lost cause it confuses me the way that they do it.