Received Call From Attorney And She Said:

[Cherie33]

Hi Everyone,

Need your thoughts on this. I filed for Social Security Disability a few years ago, using a lawyer. First, I received a "copy" of a 6 page letter that was sent to the Judge explaining my disabilities, and why my disabilities matched the SS disability policies, in certain SS manuals. I received a call from my attorney and she told me that the Judges office called and said that they are offering to grant a SSD award with retro back to Jan. 1, 2006. She said that I would be receiving a letter from her office and from the Judges office. She also said that I didn't have to accept this offer, that I could say no and wait until the Judge scheduled a hearing and take my chances on thre Judges reopening a claim that I made in 2004 and possibly awarding me an additional 31 months of benefits. Well, my initial 2004 claim was denied and I did some self employment fro a while. So, I decided to take the retro back to Jan. 1 2006 (or June 2006). She said that I am eligible for Medicare benefits as of June 2008. I figured, that I didn't want to wait until a judge scheduled a hearing and there was no guarantee that he would go back that far any way, because if they thought my evidence was strong enough for retro back to 2004 (or whatever) they would probably have granted it.

So what do you all think about that? Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? Also, will I be forced to get Medicare Part D, as I get my medication from the VA free. And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU?

Thanks in advance for your thoughts and help.

Cherie33

[jbasser]

It is up to you as far as your decision to take the deal.

You can call SSA and ask them to tell you what you would receive monthly and back to 06 to figure out the retro. There is a 5 month waiting period after the decision date so the pay date will be the decision date plus 5 months. June 1st 2006 maybe.

It should take about 15 to 30 days for the judge to send you a letter on the decision. ( He sends the ssa the dame decision at the same time yours is sent.) It will take about a month or two to get the retro.

It may help the P and T as long as the issues you are on SSDI are the same issues you are service connected for.

J

Edited August 18, 2009 by jbasser

[WHOLESALE]

Hi Everyone,

Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? The amount of your monthly check is determined by your past average earnings. SSD sent me this info before I was granted. Your lawyer might have this information.

And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU? Yes, this will add some weight to your claim unless your SSD is for something different.

frank

[LarryJ]

And, if it makes you feel any better, I think, personally, that you did the best thing by accepting their so-called "offer" (they aren't, by law, supposed to be making "offers", but what-the-hey, it works for you, right?).

And, as previously stated, you may not have had the necessary facts to allow them to go all the way back to square one, and if they/you did, then it'd take FOREVER to get it sifted out!

Kinda reminds me of when my wife thinks that she is getting a really good deal, when shopping.........flee before someone wakes up and finds out what really happened!

"START THE CAR, LARRY, START THE CAR!

"Take The Money and Run, Son. Take The Money and Run."

[WHOLESALE]

I agree, I would have just taken the offer. Who know's how long it would take if you didn't go ahead and accept it. Might even piss off judge too so don't won't to do that.

frank

And, if it makes you feel any better, I think, personally, that you did the best thing by accepting their so-called "offer" (they aren't, by law, supposed to be making "offers", but what-the-hey, it works for you, right?).

And, as previously stated, you may not have had the necessary facts to allow them to go all the way back to square one, and if they/you did, then it'd take FOREVER to get it sifted out!

Kinda reminds me of when my wife thinks that she is getting a really good deal, when shopping.........flee before someone wakes up and finds out what really happened!

"START THE CAR, LARRY, START THE CAR!

"Take The Money and Run, Son. Take The Money and Run."

[halos2]

Cherie,

I agree with the majority...take the money and run. You play a crap shoot if you try to go back, and the new evidence is what most likely resulted in your award anyway. Much better to go with the sure bird in the hand.

Being challenged with the govt system(ie VA SSA), results in years of waiting, gathering evidence, having exams done, and dealing with denials, low-balling, and appeals. There comes a time when you must look at what is the best route for you to take today? What is the best decision for you now, and for your family? Would it benefit you in your life now, or do you want to put yourself through more possibilities of rejections and denials. My opinion if it were me would be accept the sure thing, and be happy you were offered this. :D

Hi Everyone,

Need your thoughts on this. I filed for Social Security Disability a few years ago, using a lawyer. First, I received a "copy" of a 6 page letter that was sent to the Judge explaining my disabilities, and why my disabilities matched the SS disability policies, in certain SS manuals. I received a call from my attorney and she told me that the Judges office called and said that they are offering to grant a SSD award with retro back to Jan. 1, 2006. She said that I would be receiving a letter from her office and from the Judges office. She also said that I didn't have to accept this offer, that I could say no and wait until the Judge scheduled a hearing and take my chances on thre Judges reopening a claim that I made in 2004 and possibly awarding me an additional 31 months of benefits. Well, my initial 2004 claim was denied and I did some self employment fro a while. So, I decided to take the retro back to Jan. 1 2006 (or June 2006). She said that I am eligible for Medicare benefits as of June 2008. I figured, that I didn't want to wait until a judge scheduled a hearing and there was no guarantee that he would go back that far any way, because if they thought my evidence was strong enough for retro back to 2004 (or whatever) they would probably have granted it.

So what do you all think about that? Also, how long do you think it will take for me to find out how much retro I will receive, when I will receive it and how much benefits will I receive monthly? Also, will I be forced to get Medicare Part D, as I get my medication from the VA free. And, can I use this favorable award to get Permanent and Total from the VA, since I am currently 70% + IU?

Thanks in advance for your thoughts and help.

Cherie33

[Cherie33]

Thank you so much my fellow veterans! I was thinking along the same lines. I did accept the "offer" so I'm just going to wait for the official letter and hopefully will get my retro soon.

It would be nice to know how much my monthly benefit will be. And, if I will have to apply for Medicare Part D.

Cherie33