Wow....what a day ! I thought I was going to the "usual" every three month attorney appointment but to my AMAZEMENT, my attorney said that if I would amend my onset date by one year (the day I stopped working) that I would have an ON THE RECORD DECISION.....that's right.
I said "where do I sign?" I signed the affidavit saying my date should be amended and bingo-bango...you are fully favorable !
He says that Alabama is pushing through all the sure cases,,, those with doctors records, RFC's, enough credits,,,,etc etc.
So here I am....now waiting for the official letter of approval. It's been two years....please hang in there everyone. I never thought this day would come and it came sooner than I thought.
My husband says waiting for disability is like waiting for your baby to be born... you know it's coming for sure...you just don't know when...good luck to all and thank you, a thousand times for the encouragement you have given me.
Sponsor
BlueAtlas
02-25-2008, 08:43 PM
Congratulations! You must be absolutely elated! I'm really happy for you!
Emily :wave:
roses4lace
02-25-2008, 08:56 PM
Alabama born and bred!
Congratulations on your On the Record decision!
Perhaps this will be a new trend all over Alabama. Hope you didn't have to give up any back pay because of it. Not sure what's going on with these "onset date" amendments. Mine was amended from my date of last working, to be the first time I saw a particular doctor after I quit working. My son's was also amended to the first time he saw a particular doctor. We had seen both these doctors (and others) for our problems prior to the dates they wanted to use. Neither change affected our benefit amount, so why they're doing this is a real puzzle. I hope they don't come back later and have some new thing tied to the onset date, such as reducing benefits if you started receiving it after a certain date. They keep coming up with so many ideas of how to "save" the social security system, I'm always wary of anything odd the government does.
A little more patience is still necessary, maybe as long as 3 months. My hearing was Oct 23, my Fully Favorable letter was postmarked Nov 1, my Notice of Award letter was dated Dec 16, and I received my first check mid-January.
gagalabama
02-25-2008, 09:37 PM
Thank you ladies, I so appreciate hearing from you. Emily...I have watched your posts for a long time and appreciate everything you say...and Roses...oh hey....LOVE ALABAMA....music, people, CRAWFISH .. thanks for your response....:D
deltaelise
02-26-2008, 09:18 AM
The same thing happened to me about the on the record decision after years of waiting and I had to amend my date of onset to last March but by the time people wait so long they pretty much sign anything.
I was all excited too and I called my lawyer back to double check and they said they would call SS just to make sure. I found out the lawyers had not sent it in time and the judge had my file and was deciding on a court date. Luckily , she was then handed the paper my lawyers signed about me changing my onset date for an on the record and she supposedly signed off on it to be sent to the decision makers where the file can sit for as long as 120 days. The lawyers then said nothing is for sure until the paperwork comes in the mail so now after a month without hearing anything I am still as depressed as always.
I sure hope yours works out.
gagalabama
02-26-2008, 03:16 PM
Hi Delta. . . don't be depressed. Like my hubby said...it's like having a baby, you know its coming for sure, just don't know when.
My attorney told me yesterday that Alabama is putting through all the "for sure" cases. They are desperately trying to reduce our backlog. I'll tell you, for me, an amended onset date is just fine. Yes, I waited forever....I feel like part of my life was stolen, but now, I have an income, MONTHLY. That more than anything was important. While I'm anxious to receive my money, ANY money, I've waited this long.....'nuf said. He also told me that once he faxed my signed affidavit (reL onset date) to the judge, the judge signs it and sends it to Birmingham. That's where the payment center is. He said it would be about 60 to 120 days. I have the payment center phone number and if I don't get anything by then, I WILL be on the phone to them. I read on one of your posts that you are really having a hard time financially. I did too. By the end of the month our money was GONE. This month I had 20 dollars to last me THREE weeks. It was humiliating but we did it. I'm thankful for everything in my life now. Something, I think, the good Lord was tring to show me. Hang in there Delta....there are still people who need to hear from you !
deltaelise
02-26-2008, 04:10 PM
Thanks for the words of encouragment :)
goldyfm
03-03-2008, 11:17 AM
Yes, North Alabama. I am waiting for an ALJ hearing in the Birmingham office after 22 months of appeal date. I hope that this is a good trend and it may affect my case as well. The last time I looked, Alabama was taking over 500 days to process ALJ appeals. I am way over that criteria now (some 600+ days) and at last word in January was told I was still 6 months out. I do not understand how your case can sit idle all this time and no one even care.
I have written my senator and had two letters from him. I really wish that one's file was reviewed for hardship. I am my sole support and if not for some savings and IRA's I would have long starved by now. It has to get better. I did see that many new ALJ's have been hired but I am sure it takes some time to get them up to full potential. I have over 4 years of backpay due now and I would gladly forgo part of that time to just have a steady income. It is a shame that we have to deal with all the red tape and delays. I feel better just having stated my facts. I am happy for all that this new trend has helped. I can dream I will be affected by this new trend, but as history has shown, I am not holding my breath.
gagalabama
03-03-2008, 01:56 PM
I think you are right ! The trend is to weed out all the "good" cases and get their ball rolling. I gave up alot of back pay but at least now I have an income. After all this waiting, my problems have gotten worse and I don't qualify for medicare til Dec. 08. I'm hanging in there tho. I'm not going to let them beat me into submission like they have so many others. Keep in touch with your politicians. I firmly believe it was because of them that my case started moving. Hope you're not in the line of fire for those storms heading our way. Take good care!
roses4lace
03-04-2008, 02:30 AM
gagalabama, I'm a little confused. Why did you have to give up a lot of back pay, and how does that work? I thought one could only get back pay for up to one year prior to the date of the SSDI application. So is your back pay calculated from the date of your application instead of a year prior to the application? Or did they set your onset to a date after your application date? I don't believe I had to give up any backpay, but perhaps I don't know the process very well.
gagalabama
03-04-2008, 07:20 AM
I was confused too, however, when I filed in Aug. 05...based on my doctors reports my attorney wanted to go back to 04. I tried working parttime in 06...so instead of going to Aug. 05 (and then the 12 months back to 04) ...they amended my date to the point that I stopped trying to work. The attorney was confident that I would get AT LEAST back pay til 05 but the JUDGE said he would push me through for approval if I agreed (and signed an affidavit) to the amended date.
Having no income for so long....I jumped at the chance. I know I lost alot but when you are struggling...and even KNOWING that I'd paid into the system...I jumped at the chance. I was shocked but satisfied. If I had the resources to fight, I probably would have, but this has gone on too long already.
roses4lace
03-05-2008, 04:10 AM
Wow ! Sounds like attempting to work and keep your head above water had a very bad impact. Sorry to hear about that. But I do understand about just getting it over with and taking the loss. Hope the new income helps you get back on your feet soon!
gagalabama
03-05-2008, 07:55 AM
Oh yes, it seems that one is darned if they do and darned if they don't work !
I'm so happy this mess is almost over and pray that everyone will hang in there and receive their entitlements.:angel:
Executor
03-05-2008, 11:24 AM
I certainly understand why you agreed to amend and would have done the same thing. Like you said, the "system" knows people are desperate and have been waiting, so they dangle the carrot to get you to sign, which invariably saves SS big bucks. Plus, if I'm not mistaken, when you change your amend date, it also impacts your medicare eligibility date....Which could be HUGE for some people depending on their medical condition.
The point being in all this is that it's a big racket! Many, many people are forced to wait needlessly. How do they expect these people to live? And if you patch together a living, then they throw that back at you as being able to work.
What really ticks me off is when some people come on these boards and say..."I filled out the paperwork myself, sent it in, and was approved very quickly" almost as if everyone else is doing something wrong....They have NO CLUE and in all reality, got really lucky....Which is great for them, don't get me wrong.....But, I wish they wouldn't give people false hope because in reality, most people are in for a long hard fight.
Congrats to you and your family!
Ex
gagalabama
03-05-2008, 11:58 AM
Thank you Ex, you are very kind. Yes, my medicare was affected. I'll have to wait until December to be eligible. I can put my surgery off til then and the doc says he can keep me "comfortable" til then.
I totally agree. The system is sooo goofed up. I think what impacts decisions is the MOOD of the judge. . .and whether or not people are feeling generous that day. After all the research I have done on this subject, I still see no rhyme or reason as to their decisions. :confused:
On one hand you can do EVERYTHING they ask, jump through every hoop and still be denied. On the other hand, there are the lucky few who go through the same gyrations and are approved....go figure ! I'm finished venting for today. I've been so down for so long I'm trying to get back on the positive side of life. A steady income will definitely help !:)
Executor
03-05-2008, 08:25 PM
We certainly agree! I'll take it one step further....I think the biggest part of the racket is that they string you out on purpose.....Especially those they consider to be "young" applicants, or those under 45. They've figured out that if they string people out long enough, either they'll give up, or maybe their condition will improve somehow. SS knows that most applicants will inevitably be life long payments, so they want to weed out as many people as possible....To cut down on the systems financial obligation.