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Old 07-30-2008, 08:21 PM   #1
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Join Date: Apr 2007
Location: safford, arizona
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badbackpain HB User
Talking Please Help

I had my second alj decision today and was actually granted disability at the hearing. My attorney went in first talked to the judge and then called me in and actually asked me one question and that was it. It was because their own dr's RFC reports were the same as my dr's. I am so glad it is over I have been going since 2005 with this. They set my date of onset as of 2003 but said that my local office could still decide to set a different date. My attorney was great and the last time I went to an ALJ hearing I was alone and the judge was terrible.


My questions are are my children eligible for back pay as well and I know I will get medicare now but what about the kids what do they get for insurance? Also how long does it take to receive money from SSI? The judge has my attorney writing up the brief within the next week and then he will sign off on the order which the judge said would be alot faster otherwise they are so backlogged it would take him 90-120 days to do it. I don't want to wait that long and I assume the attorney didn't so he is going to draft the order. That works in my favor.

If anybody knows any of these answers please let me know it would be very helpful. I am glad I don't have to wait another 90 days for a decision and I was glad I found out today. I wish everybody luck believe me I have been fighting for years don't give up that is what they want you do. Keep on fighting that is all you have left are your rights and if you are truly disabled keep going and to those of you who aren't and try to scam the system you are what is making it harder and harder for those of us who have ligimitate claims to win.

thank you and any help would be great,

 
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Old 07-30-2008, 08:47 PM   #2
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Re: Please Help

Quote:
Originally Posted by badbackpain View Post
My questions are are my children eligible for back pay as well and I know I will get medicare now but what about the kids what do they get for insurance? Also how long does it take to receive money from SSI?
First, let me say "CONGRATS." I know you must be pleased. In fact, you probably have a mixed bag of emotions....Excited, relieved, stressed, and even somewhat upset that it took so long. I experienced all of the same things as I had to wait quite a while as well. Sounds as if you have a good attorney.

To answer your questions, you are covered by Medicare, but they are not. They can qualify for "no child left behind", depending on household income...Or they can go on another parent's policy. Your back pay will come first, then your children's. You will actually have to "apply" for your childrens, which is nothing more than a phone interview / conversation with SS....Then, you'll sign the application and send in copies of their birth certificate(s).

Once the order is signed and submitted to SS, your money should come within 30-60 days....You will get a statement or explanation in the mail telling you exactly how the arrived @ the amt & etc. It's not unsual for you to get the check or direct deposit first. You will get a check that has the back pay + your most recent month. Then, you'll get a check every month thereafter.

Just a heads up, you have to pay back taxes on the lump sum, so don't spend it all. The IRS has a special brochure / publication on lump sums and how to figure / pay.

Good luck, and please let me know if I can help further.

Ex

 
Old 07-30-2008, 09:22 PM   #3
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Join Date: Apr 2007
Location: safford, arizona
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badbackpain HB User
Re: Please Help

First of all thank you for your information and do you know by chance where the brochure is listed that discusses the back pay amount. My attorney was awersome. I am sure you have heard of it everyone has used that website. I found him by chance. He is from New Jersey but flew out to Phoenix Arizona to represent me. I can't believe they decided it while I was sitting right there. Now we are just nervous about the back pay amount because of so many years that this has been going on. My attorney said I should receive one "really nice lump sum" . I hope that is true my family has already lost a house because of this and we don't want that to happen again.

thank you

Last edited by moderator2; 07-31-2008 at 05:08 AM. Reason: posted disallowed website(s)

 
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