Please help- just rcvd' letter with DECISION, now what? - Disabilities Message Board

ray78640 · 08-01-2007, 05:57 PM

Hello everyone - Hope someone out there will help answer from previous experience or knowledge. This is so new for us.
Applied for SocSec Disability in 2005. Just rcvd' letter with a
FULLY FAVORABLE DECISION dated last week. I have no idea what happens next. I am not signed up for Direct Deposit. I have been awarded a CLOSED PERIOD of benefits for a time period of 01/2005 thru 12/2006.
Therefor I will not get monthly benefits as I have been able to return to work (in 12/2006, Thank Goodness!!!)
But I am very curious of when I will get a check. The Judge's decision stated that I was awarded DISABILITY and SSI for the same time period.
Do I get paid 2 different checks or will it be just one?
I hate asking about money, but it's been so awfully hard the last couple of years and this will make such a difference.
I just don't know when to expect any actual money.
I hate calling my Representation from Alsup, was hoping someone here could help

peace

Emmettk · 08-01-2007, 06:13 PM

Ray,
I am sorry I can not answer your questions about what happens next. I just had my ALJ hearing last week. I noticed you are from Kyle and I was wondering who you had for your ALJ Judge in Austin. I am from Round Rock and of course my hearing was in Austin. The Judge I had was named Churchill, just wanted to get a little info of your feelings after your hearing if you had the same Judge. Also, when was your hearing? How long after your hearing did you get your Award Letter?
I am sure someone will come along that can answer your questions.
Congrats on your Award. And big Congrats you were able to return to work, that has got to be an awesome feeling.

Thanks for your reply,

Emmett

ray78640 · 08-01-2007, 08:22 PM

Emmet - Judges name was James W Lessis.
Hearing was on June 14th. Got the letter this past Monday, dated July 27th which was last Friday.
Still really unclear on the rules.
On one of the last pages of the letter, under the heading; DECISION,
the letter reads:

Based on application for a period of disability and disability insurance benefits filed on Sept 01,2005, the claimant WAS disabled under sections 216(i) and 223(d) of the social security Act, beginning January 18,2005 and ending December 12, 2006.

Based on application for supplemental security income protectively filed on November 15,2006, the claimant WAS disabled under sections 1614(a)(3)(A) of the social security Act, beginning January 18,2005 and ending December 12, 2006.

The component of the Social security Administration responsible for authorizing supplemental security income will advise the claimant regarding the nondisability requirements for these payments and if eligible, the amount and the months for which payment will be made.

Still confused. Hope this means I see something in the mail soon. I think I will be forced to give up 25% or something close to that because my Long Term Disability insurance (which I paid for from my job) assigned me a Representative to help with my case.

I will post something here whenever I get something in the mail.

Hope this helped you and someone else.

peace

kaybee · 08-02-2007, 12:57 PM

More than likely, your long term disability company pays for the atty -not you. I hate to break the news to you but there are two things that you're up against with your SSDI check.

1. You are approved for a peroid of 12 months but they are only going to give you backpay for 6 months. There is a 5 month grace period.

2. Unfortunately, you'll have to probably pay your long term disability company back for every benefit you received from them - that's why they provide representation at their cost. I know this news is bad but the LTD company looks at their payments as a loan if you get approved for SSDI. You may only be looking at the difference between what the LTD company paid you and SSDI will give you. So, if you get more with SSDI than with LTD, you'll keep the difference. If you get less, then all that money will go to the LTD company. It stinks but most employee policies are cheap.

I'm thinking that you'll receive a lump sum, then the LTD co. will bug you until you pay them back. If your children get any benefits, then the LTD will also take that money if you still owe them after your benefit.

If you are wondering how much your benefit will be, then you can get a fairly good idea by looking at your last annual Social Security statement.

Good luck to you!

Kissa · 08-02-2007, 02:49 PM

I agree, because you were on LTD you will most likely have to repay LTD what they payed you if it is in excess of what SS pays you. I went through this situation when I got approved and had been on LTD. My checks were later offset by the amount I was getting from LTD until it ended.

Additionally depending on your wages you may also have to pay taxed on the benifits as well regarldess of anything you have to pay your LTD

Many LTD companies do require that you pay their provided lawyers 25%, this is the max they can take or some $5200 or there abouts. Call your LTD provider and get the details before you actually spend the money because you could end up in the whole and your LTD provider can force you legally to pay them back if it is in your contract with them

The good news is you will be protected by SS for a period of about 3 years. The first 9 months that you did return to work you most likely still qualified for benifits under the Ticket to Work program, be sure you check into that as well

If you happen to quit your job for any medical reason due to disability, you can have your benifits reinstated with minimal paperwork. During the 3rd year you will be required to take a physical and fill out the paper work but still stand a good chance of getting benifits reinstated if you need. Just be sure that any time in the future SS asks you to fill out paper work or see their doctor that you do this. Failure to do so will mean an immediate termination of the protection benifits.

Good luck