julieb1
07-27-2009, 05:26 PM
After 3 years of waiting for a hearing for benefits for a dependent child the
alj cancelled hearing ,is suppose to make an off the record decision- does anyone know if this means that the decision will be favorable- the problem with my case was that my disabled husband won benefits, but his onset date was actually later then when he started getting sick and lost his job and was
trying to work odd jobs so was not contributuing at least 50% of daughters support at date of onset- but for the prior years 10 of them he always contributed more then 50%
alj cancelled hearing ,is suppose to make an off the record decision- does anyone know if this means that the decision will be favorable- the problem with my case was that my disabled husband won benefits, but his onset date was actually later then when he started getting sick and lost his job and was
trying to work odd jobs so was not contributuing at least 50% of daughters support at date of onset- but for the prior years 10 of them he always contributed more then 50%
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gayle4102
07-28-2009, 11:54 AM
I think that is a good thing. I think I remember reading somewhere that an 'on the record decision' is always positive, because if the judge has any doubts, he will go ahead and hold the hearing.
Please, someone correct me if I am wrong. I just remember reading that somewhere while I was researching my own case.
Please, someone correct me if I am wrong. I just remember reading that somewhere while I was researching my own case.
julieb1
07-28-2009, 03:22 PM
I am praying that this is the case-please anybody else had any experience with this please please let me know- I am so nervous, I waited soooo long for a hearing!
BeHappy2
07-28-2009, 05:11 PM
Julie i hope you have a favorable decision very soon.
All this is so very stressful, wish i could be of more help.
You are in my thoughts and prayers
Be Well
BeHappy2
All this is so very stressful, wish i could be of more help.
You are in my thoughts and prayers
Be Well
BeHappy2
Remmers
07-28-2009, 09:10 PM
I feel for you, I was also called last week to tell me that My hearing date has been pushed back, because the judge had something come up.
They sure don't make it easy on you, i will pray for you:angel:
They sure don't make it easy on you, i will pray for you:angel:
julieb1
07-29-2009, 05:45 PM
ok- i called my local ss office today and all she could tell me was that it said unfavorable-but no documentation attached, sd call back in a few days, what the heck is going on- i thought that if alj cancelled hearing and was going to make decision on the record that it had to be favorable! i am just sick........any words of wisdom, any ray of hope?
BeHappy2
07-29-2009, 06:40 PM
Julie Is this disability for your child?
Do you have attorney or doing all on your own.
I feel so sorry this has happened as unfavorable decision.
Keep trying.
My thought and prayers are with you
Do you have attorney or doing all on your own.
I feel so sorry this has happened as unfavorable decision.
Keep trying.
My thought and prayers are with you
mscat40
07-29-2009, 06:40 PM
ok- i called my local ss office today and all she could tell me was that it said unfavorable-but no documentation attached, sd call back in a few days, what the heck is going on- i thought that if alj cancelled hearing and was going to make decision on the record that it had to be favorable! i am just sick........any words of wisdom, any ray of hope?
I am a little confused> is this for you, your husband, or your daughter? The social security claim? I would definately wait until your lawyer tells you, or you recieve a letter in the mail. Not anyone over the phone is going to be able to give you a straight answer at this point. OR go to your local social security office and speak to them about your case. I would not at this point, talk to anyone over the phone.
I am a little confused> is this for you, your husband, or your daughter? The social security claim? I would definately wait until your lawyer tells you, or you recieve a letter in the mail. Not anyone over the phone is going to be able to give you a straight answer at this point. OR go to your local social security office and speak to them about your case. I would not at this point, talk to anyone over the phone.
julieb1
07-29-2009, 06:56 PM
this is for my daughter to draw off her stepdads ssdi benefit- he has always contributed
at least 50% of her care until becoming ill, the last year before his actual date of set per ss, he did not contribute 50%, that was because he was ill and had lost his job and was trying to work at hy vee stocking shelves, but could not even do this, he has lewy body dementia and is now in nursing home at age 48! i am still soo confused abt alj cancelling hearing to make on the record decision , then it coming back not favorable!!!!!
at least 50% of her care until becoming ill, the last year before his actual date of set per ss, he did not contribute 50%, that was because he was ill and had lost his job and was trying to work at hy vee stocking shelves, but could not even do this, he has lewy body dementia and is now in nursing home at age 48! i am still soo confused abt alj cancelling hearing to make on the record decision , then it coming back not favorable!!!!!
mscat40
07-29-2009, 07:05 PM
this is for my daughter to draw off her stepdads ssdi benefit- he has always contributed
at least 50% of her care until becoming ill, the last year before his actual date of set per ss, he did not contribute 50%, that was because he was ill and had lost his job and was trying to work at hy vee stocking shelves, but could not even do this, he has lewy body dementia and is now in nursing home at age 48! i am still soo confused abt alj cancelling hearing to make on the record decision , then it coming back not favorable!!!!!
Shoot, that is such a mess :( Yes, your daughter is entitled to a portion of his benefits! Until the decision is overturned , she is going to lose those benifits . I do not understand why it was unfavorable?? he had SSDI correct? He lost them though? Being in a nursing home at the age of 48, is so young> he needs those SSDI benifits , I can't imangine him losing them at this time .
I hope he gets them back. My son has benifts though me , as I am on SSDI. His mother.
at least 50% of her care until becoming ill, the last year before his actual date of set per ss, he did not contribute 50%, that was because he was ill and had lost his job and was trying to work at hy vee stocking shelves, but could not even do this, he has lewy body dementia and is now in nursing home at age 48! i am still soo confused abt alj cancelling hearing to make on the record decision , then it coming back not favorable!!!!!
Shoot, that is such a mess :( Yes, your daughter is entitled to a portion of his benefits! Until the decision is overturned , she is going to lose those benifits . I do not understand why it was unfavorable?? he had SSDI correct? He lost them though? Being in a nursing home at the age of 48, is so young> he needs those SSDI benifits , I can't imangine him losing them at this time .
I hope he gets them back. My son has benifts though me , as I am on SSDI. His mother.
goldyfm
07-29-2009, 09:39 PM
Please read the whole note as I think you will see I have your interest at heart. I don't want to rain on your parade, but does your child have a natural parent still in the picture? I wonder if the federal law may not allow one's step-child to receive benefits if the other parent is still living. I worked for a child support office for a number of years and the natural children of disabled workers automatically qualified for benefits based on the natural parent's record (once approved), but I am unsure if that would be true of a step-parent unless there was an adoption. I don't ask for or expect a reply here because of the confidentiality of the info, but just wanted to make you aware of that possibility. Maybe you could check with your child support office to clarify that fact in your state. I do hope you can resolve the issue satisfactorily for your child.
broke as a joke
07-30-2009, 04:53 AM
i think goldy is right,,, i think step children should have support from they're natural parents,, unless she's adopted. i dont think she would quailfy off her stepdads record