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Old 06-16-2010, 12:05 PM   #1
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Just got a favorable decision and have tons of questions

I just had my alj hearing yesterday and the judge ruled in my favor. Now I have tons of questions. Sorry if they are stupid but break it down for me like I'm a kid.

Is the monthly payment amount similar to what it states on my last social security statement (that big thing you get every year or 2)?

They say children can receive up to half of your benefit. I have 1 child. How do they decide what percentage he would receive? Would my husband's income have any impact?

Do I need to account for the uses of my son's benefit? We really just want to save it for him but I've heard they don't allow you to do this. We can afford to support him on what income there is from DH and now I since we will be paying down alot of debt with the back.

Does the back pay get caculated to the date I became disabled or to the date that I filed?

Thanks for the help.

 
Old 06-16-2010, 04:19 PM   #2
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Re: Just got a favorable decision and have tons of questions

ask your attorney if you had one or call ss yourself and find out
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Old 06-16-2010, 04:26 PM   #3
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Re: Just got a favorable decision and have tons of questions

First let me say CONGRATULATIONS!!! That is wonderful. If you had an atty. they can answer all your questions. However, if you did this yourself, you can call SS and they will explain everything to you. I have been on SSD for 10 years for FM. I did not have minor children so don't know a thing about that issue. The answer to your first question is yes, it will be close to that amount. But again, either your atty. or SS will have all the answers for you and that way you'll know they are the right answers. Once again, CONGRATS!!
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Old 06-16-2010, 04:59 PM   #4
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Re: Just got a favorable decision and have tons of questions

My lawyer is unable to answer any of my questions. Basically once the judge said I was approved she stopped being helpful. I guess I only get what I paid for. I called social security but they said they didn't have anything in their system so that is why I am turning to a message board. I really don't need help from someone who only says to call my lawyer or ss. Obviously those were my first actions.

 
Old 06-16-2010, 05:00 PM   #5
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Re: Just got a favorable decision and have tons of questions

Quote:
Originally Posted by kim840 View Post
First let me say CONGRATULATIONS!!! That is wonderful. If you had an atty. they can answer all your questions. However, if you did this yourself, you can call SS and they will explain everything to you. I have been on SSD for 10 years for FM. I did not have minor children so don't know a thing about that issue. The answer to your first question is yes, it will be close to that amount. But again, either your atty. or SS will have all the answers for you and that way you'll know they are the right answers. Once again, CONGRATS!!
Thanks!

 
Old 06-16-2010, 05:10 PM   #6
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Re: Just got a favorable decision and have tons of questions

Hope someone does have the exact answers for you on the Board.
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Last edited by kim840; 06-16-2010 at 05:16 PM.

 
Old 06-16-2010, 05:14 PM   #7
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Re: Just got a favorable decision and have tons of questions

I think I hit some wrong buttons. I wanted to assure you get the correct answers. If I can remember correctly I got back pay from about 5 mo. after I stopped working due to disability, not the date of the filing. It was a good amount because I did not file for a year and a half after I stopped working. Still don't know anything about kids and yes you will get close to what your last statement said. I don't understand why your atty. isn't helping you w/these questions. That's wrong, because they are going to get some of your money. And SS should have you on file. Anyway, again, contrats!
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Old 06-16-2010, 07:02 PM   #8
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Re: Just got a favorable decision and have tons of questions

Congratulations on getting your benefits. That's the hard part. Let me see if I can help answer some of your questions.
Now I have tons of questions. Sorry if they are stupid but break it down for me like I'm a kid.
There are no stupid questions. There are answers we don't have.

Is the monthly payment amount similar to what it states on my last social security statement (that big thing you get every year or 2)?
Yes, within just a few dollars in my case.

They say children can receive up to half of your benefit. I have 1 child. How do they decide what percentage he would receive? Would my husband's income have any impact?
Children get 1/2 the amount of the parent, and that 1/2 gets split among all the children. 1 child means that one child gets the full 1/2 of your benefit. So, you will get the full benefit, plus 1/2 of that amount for your son. A spouse income only matters with SSI.

Do I need to account for the uses of my son's benefit? We really just want to save it for him but I've heard they don't allow you to do this. We can afford to support him on what income there is from DH and now I since we will be paying down alot of debt with the back.
Yes, you have to account for every penny of the money your child will get. If it is SSDI you can save it. Each year you will receive a simple form asking what you did with the money. How much spent on food, how much in checking, in savings, etc. Just report it. The whole purpose is to make sure the money is spent for the benefit of the child, not benefit of the parent. However, you could use it for education expenses, medical expenses, food, movies, or anything that benefits your son, including upgrades to the house to accomodate his disability, such as ramps or wide doors. My adult son's money is used to pay me rent, buy his food, movies, clothes, transportation, and some for savings. As his representative agent, I have to report how it was spent each year. Before spending it on something that may not look like it is for the child, talk with social security first and get their opinion.

SSI is for paying the child's bills, and you can't save it or it would build up to over $2000 and the child would lose the benefits. Take note that the rules for SSI and SSDI are very different.


Does the back pay get caculated to the date I became disabled or to the date that I filed?
Both dates are used to figure that out. Find out the date you filed. Find out your onset date. The most you can get is up to 1 year prior to the date you filed. Go back (backwards) a year from the date you filed. Write that date down. Then look at your onset date, and add 5 months (go forwards) to that date. Write that date down. Which date is closer to now? That is the date your backpay will be calculated from.
You didn't ask about Medicare. Look at your onset date. Add 29 months (5 mo waiting period plus 2 year waiting period). That is the date you are eligible for Medicare.



Hope this helped. When you have questions, just keep trying, someone will stop by who knows the answer.

 
Old 06-16-2010, 07:28 PM   #9
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Re: Just got a favorable decision and have tons of questions

Under SSDI your spouse's income doesn't affect your benefit or child dependent benefits if paid off of your record. If you have a disabled or retired spouse then sometimes you can receive dependent benefits for the spouse. If not then his/her income doesn't come into play (it does under SSI but not under SSDI).

As for the dependent benefits, your child under 18 may be eligible for up to 1/2 of your benefit. I have seen where it's a bit less if someone doesn't have as many credits for SSDI.

For example, if your SSDI is $2000/mo your children may be awarded $1000/mo. If you have 1 eligible child you'd get one check for $1000, if you have 2 eligible children you'd get 2 checks for $500/each, etc. When you receive any dependent SS benefits BASED on your child's disability then you must account for all dependent benefits and how they are spent. I am not sure how this works for dependent SSDI as it's not being awarded because your child is disabled, just being awarded because you are disabled under SSDI.. You should be able to get an answer from SS. Sometimes you can find answers on www.ssa.gov
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Old 07-01-2010, 09:39 AM   #10
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Smile Re: Just got a favorable decision and have tons of questions

Hey, I would like to agree with you my attorney became of no help once I won lol. Ok that long paper you get every year or two has the around about amount, they round to the nearest dollar amount and it's the one that says if you were to become disabled today. You will get 1/2 of your benefits for your child/ children, so no matter how many kids you have you will get 1/2. For example they split my 1/2 up among my 3 kids. I was told by the SS worker that did my kids application that I will have to give a not so detailed description to SS if they ever ask toshow that the money is used to take care of them, never got a real detail of how that works. I will post again because I forgot the rest of your questions lol I am only talking from experience...

 
Old 07-01-2010, 07:46 PM   #11
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Re: Just got a favorable decision and have tons of questions

1st, congratulations!
Once you get your approval letter then go to SS and they can answer any question you have plus get medicare worked out. When I would call SS before getting approval letter, they would not give me any info at all. Even tho judge approved me at hearing at end of Jan 2010--I did not get my approval letter until May 2010.

I hope you do not have the wait I did, but do not be shocked if it takes more than 2 months to get letter from judge.

When I got approval letter, I went to SS and got back pay amount, monthly amount, and amount they pay to attorney. Once I got the actual approval letter things seemed to move pretty quick. Or so it seemed--I had already waited almost 5 years, so what is a few weeks or months.

Finally got kids situated too. My daughter is now 22 and qualified for about 6 months and now I am waiting for back pay for son and daughter to get her money.

Got my first monthly check in June and back pay within few days of that.

If you save the money, that is fine, you just have to report it to SS and SS will expect you to release money to child when they turn 18.

Last edited by sickofpain2; 07-01-2010 at 07:46 PM.

 
Old 07-03-2010, 11:40 AM   #12
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Re: Just got a favorable decision and have tons of questions

well you would be surprised and since none of us i think are mind readers and you didnt mention you had alreadey tried calling your atty and ss that would be one's first suggestion
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Old 07-03-2010, 03:26 PM   #13
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Re: Just got a favorable decision and have tons of questions

thanks but I tried that first and neither were of any help

Last edited by Administrator; 09-09-2010 at 05:21 PM.

 
Old 07-30-2010, 08:43 PM   #14
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Re: Just got a favorable decision and have tons of questions

Quote:
Originally Posted by dismama View Post
I just had my alj hearing yesterday and the judge ruled in my favor. Now I have tons of questions. Sorry if they are stupid but break it down for me like I'm a kid.

Is the monthly payment amount similar to what it states on my last social security statement (that big thing you get every year or 2)?

They say children can receive up to half of your benefit. I have 1 child. How do they decide what percentage he would receive? Would my husband's income have any impact?

Do I need to account for the uses of my son's benefit? We really just want to save it for him but I've heard they don't allow you to do this. We can afford to support him on what income there is from DH and now I since we will be paying down alot of debt with the back.

Does the back pay get caculated to the date I became disabled or to the date that I filed?

Thanks for the help.
So happy to find this board...and congratulations to you. My disability case was approved on July 12 after waiting 3 years. My accident was in May 2007 and I finally made it and this is a blessing for my kids and me. I had so many of your questions so thanks for posting them!

 
Old 07-30-2010, 09:07 PM   #15
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Re: Just got a favorable decision and have tons of questions

I didn't have to go to the judge, he approved it 1 mo before my hearing date (finally after 3 years). My lawyer was semi helpful but like yours, didn't seem to care once it was approved. I got my "favorable decision" on July 12. On July 29 I got a letter telling me to come into the local office. I went in today (30th) and they told me the amount I'd get and that my first check is due Sept 24. I have back pay to Nov 2007...and he thought I'd get it around that time...but trying to find out how that worked for others. Very anxious...but that's nothing new. good luck.

 
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