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

[vmo]

Kinda like football. Never take points off the board. Take the money and...."run Forest, Run!!"

[Pete53]

Taking the offer and establishing your entitlement does not preclude appealing after you are getting your money unless they have something about the deal in writing and I think that they are not supposed to make deals.

[Berta]

Cherie- if this award from SSA is based on all of your SC disabilities-it should help tremendously in getting TDIU at the 100% comp rate. Have you formally applied yet for TDIU on the 21-8940 form?

I think you made a good decision-then again we questioned a SSA award retro date and the SSA told me that my husband could even lose the SSA award he had, if we filed a reconsideration on his standing SSA award.

We saw a SSA lawyer who right away told us my husband didnt have a chance for a different award and a better SSA retro date.

Rod and I talked it over -he had PTSD and significant brain damage from a stroke so it was difficult for him to determine

if he should pursue the recon request.

I was angry that the SSA appeared to threathen his award if he did file it.He put his faith in me and I immediately filed the request and he read it and signed it.

4 months later he got new SSA award for PTSD and about 17,000 more retro.The SSA PTSD findings were instrumental in a posthumous 100% PTSD award.

In your case however- you could have taken a chance as we did-

but as you said maybe the evidence was not as strong in 2004 as in the retro date they gave you-

I commend your thinking there-

and it is quite possible SSA would not have gone back that far.

You did good here.

I dealt with a lot of personal stress when I told Rod he should go through with the recon request -not knowing what the outcome could be and worse yet-their threat that he could possibly lose what he had from SSA was looming over my head all the time-(but I found no evidence the SSA could attempt to do that)

I am sure this SSA ordeal gave you stress too-

There might be a way to determine your benefit or at least a good guess at the SSA web site and they could perhaps answer your Medicare question as to Part D.

It should not take too long for the retro to come-

but it could be months and not weeks-hope not-

Rod's first SSA came in 5 months but the recon retro came a few weeks later after they awarded the new SSA award.

[BoonDoc]

I filed with SSA for all of my SC disabilities that make me un-employable; I didn't get one of the SC'ed disabilities on my SSDI award. I took it anyway, I had a wife and three children to feed; I wish I had questioned the fact that my SC'ed disabilities are not on my SSDI award, since the VA has used this against me in my claim for TDIU. Can you find out if your SC'ed disabilities are in the SSDI award before signing off? This will help you getting TDIU, or 100%, as others have stated.

BoonDoc

Edited August 18, 2009 by BoonDoc

[carlie]

Cherie,

I feel you made a good decision for now in accepting a Fully Favorable SSA decision.

As Pete stated - unless you sign something in writing regarding this "deal" then a bit down

the road you can appeal the effective start date of your SSA benefits.

If you have the opportunity you can discuss this with your current lawyer, since after all

they are already going to get paid.

jmho,

carlie

[WHOLESALE]

I agree with Pete :D

Taking the offer and establishing your entitlement does not preclude appealing after you are getting your money unless they have something about the deal in writing and I think that they are not supposed to make deals.