Colorado Social Security Disability Benefits Law - Latest Comments

Re: Can You Receive Social Security While in Jail/Prison?

bluesue2 — Thu, 05 Nov 2009 17:01:33 -0000

My father is in the Denver County jail on charges he has not been convicted of yet. Will he still be able to get his SSI payments until he is convicted? We plan to continue paying his rent an other bills in case he is released. So his money will continue to be used for paying his bills until we know if he will be convicted. Please let me know ASAP, thanks.

Re: Overpayments: What You Need to Prove to Win!

Idaho_worker — Thu, 05 Nov 2009 09:46:37 -0000

Almost $52,000 is what our overpayment is claimed to be. Situation is my husband received a decision of SS Disability and the settlement decision from WC a day apart. We told SS that we were getting an annuity from WC and they said they would take into advisement. Two years later, we told them that our reduced annuity payments (because of lawyers fees) were over and we were getting the full amount now. We were told the same thing. A year after that we said we hadn't seen any change in SS payments. We were told the same thing. Now we get this letter 6 years after this all began that we owe them this amount. We not only feel this is not our fault, but it is negligence on SS part. Of course, we don't have that amount lying around to pay them back and hearing they want it back within three years, that would definitely cause us to be in the poor house, so to speak. How can we fight this ?
Idaho spinal fusionx2 work related.

Re: What is a Protected Filing Date (PFD)?

shaugh1 — Mon, 02 Nov 2009 11:38:25 -0000

How long of a period do you have to be tested for acidosis every 2 months? Type 1 diabetes listing: Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC02 or bicarbonate levels);

Re: Video: PTSD Sleep Disorders

Judy — Sun, 01 Nov 2009 01:09:42 -0000

My brother had PTSD as a result of the Viet Nam War and he never recovered from it. I do remember that he could hardly ever get any good sleep. That led to many other health conditions and finally his death. It is really disturbing and I wish more could and would be done for our returning troops.

Re: Can you get both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

mercedes car seats — Sat, 31 Oct 2009 13:13:29 -0000

hanks for clearing by doubt..I was wondering how some people are getting both ssi and ssdi.. i tried to ask somebody but i haven't get clear definition..This one is good and can be understand easily..

Re: Fleeing felon definition changed due to class action suit

Nick A — Sat, 31 Oct 2009 09:27:08 -0000

Bob,

Social Security is Denying you Procedural Due Process. Look it up, then tell your lawyer to sue Social Security for it. I am trying to get a CLASS ACTION SUIT for the same thing. If I am successful, you would be part of this suit.

Nick

Re: Social Security told me not to bother appealing my disability case

sbutler76 — Wed, 28 Oct 2009 07:50:05 -0000

The "Claimant insists on filing" box is for those situations where an individual doesn't have a right to appeal, but insists on filing nonetheless. For example an individual that does not have sufficient work credits. A claimant is always permitted to file an appeal, even if there is nothing to appeal. The box on the Reconsideration form is basically an acknowledgement that the claims representative explained to a claimant that they do not have an appealable issue, but the claimant would not take no for an answer. Claimants also have an absolute right to file an application, even if they do not qualify (not enough work credits, working above SGA, don't meet financial criteria for SSI, etc).

I agree that Claims Representatives should not express opinions on whether an individual should appeal based on medical factors. It is always shocking to see how poorly claimants describe their impairments, and many times the individual ends up having severe impairments that they do not tell Social Security about that are not found until medical records are reviewed. Claims representatives passing judgment only on what they are told do not have the full picture.

Even if I can't help an individual, I still always advise that I am providing my opinion, and advise of appeals rights and encourage the individual to see another attorney or file an appeal on their own if they disagree with my opinion. Claims Representatives should advise claimants that are pursuing frivolous claims of their right to legal representation instead of passing judgment. I always explain to individuals that don't qualify, why they don't qualify, and try to clear up misunderstandings. I also don't want frivolous claims clogging the system because these will only cause legitimate claims to be processed slower.

Tom, as always a great post. This is an important topic to educate on. Thank you for starting this dialog.

Re: Fleeing felon definition changed due to class action suit

tippy1965 — Mon, 26 Oct 2009 19:46:06 -0000

ant luck yet bob

Re: Fleeing felon definition changed due to class action suit

tippy1965 — Mon, 26 Oct 2009 17:33:30 -0000

i have a felon in FL thay will not come get me and i have no way to go down to FL from MAINE, I all so have sent a letter to the district aturny stateing that it would not be posabul to go down to FL, the letter came from my mentel helth worker.
what can i do, plese help me

Re: Children Can Get Social Security Benefits Because of Disabled Parent

alexander1991 — Tue, 20 Oct 2009 09:33:36 -0000

My father receives social security, and so do i because of his disability. I am turning 18 in December, but i am going to college here in the Philippines. If i can show proof that i am going to college (still studying) can i still keep the check that's coming in?

Re: Fleeing felon definition changed due to class action suit

Nick A — Mon, 19 Oct 2009 19:19:16 -0000

Bob,

I hear you, and I am working on kicking Social Securities ..., I printed your comments and will contact you, via this website, when the moment is right. I expect to move forward in a couple weeks ... it is going to be awesome ...

Nick

Re: Children Can Get Social Security Benefits Because of Disabled Parent

lisahash — Mon, 19 Oct 2009 16:10:52 -0000

I currently receive SSDI and my 16 year old son receives half that amount monthly as well. My question is: IF my son begins working....will his benefits automatically decrease or can he earn up to a certain amount monthly before the benefits would be affected? Thank you.

Re: Video: Celiac Disease

zStasiuk — Sat, 17 Oct 2009 12:26:01 -0000

Any medically recognized condition can be disabling. I have helped several people with celiac disease (adults and children) on disability claims.

Re: Video: Celiac Disease

celiacone — Fri, 16 Oct 2009 19:51:17 -0000

Can Celiac Disease be considered a disability from the government?

Re: Children Can Get Social Security Benefits Because of Disabled Parent

zStasiuk — Wed, 14 Oct 2009 22:38:03 -0000

Social Security disability insurance benefits have auxiliary benefits (benefits to spouses and minor children of the disabled individual).

However, Supplemental Security Income (SSI) benefits are only paid to the disabled individual.

Re: How parent’s income effects children’s Supplemental Security Income (SSI) disability benefitsth

patina — Wed, 14 Oct 2009 13:33:45 -0000

that is so screwed up that they can not help you....keep pushing... get your son a case manager or a fianacial manager....thats what I am going to do for my son..and I know how because I am disabled as well....I am sorry they will not help you....but keep pushing.....keep note of all things that effect him from birth to now... and if it is getting worse track that too....but a case manager for him or a fianancail manager can help you do that kind of stuff. mine did for me, and now I am working towards his care. Good luck to you, take care!
love much,
Patina

Re: How parent’s income effects children’s Supplemental Security Income (SSI) disability benefitsth

patina — Wed, 14 Oct 2009 13:30:00 -0000

this is a wierd sistiuation for me! lol.....my fiance is mentaly disabled....I have ptsd and psychosis and I am menatally disabled...now hopefull if I am right I will not have to put my kid on disablity because he also has learning disabilities and extreme adhd. I had my mother taking care of him while I got my life in order...I get him back in three months. I'm worried we will not make enough money and my benfits will not increase enough to better care for him. I reasearched a bit but can't find proper information on how it works. Do I have to put my son on disability? my fiance has a job he can handle right now....but when jj comes into the picture I can't have a job and can only focus on his care. I have other services set up to help me with his care. But I want not only to afford food for him but clothes as well....and with how much I make we would all be in a very bad situation. does any one know if my benfits will go up, and would it be wise to put my son on disabilty? he has a lot of problems, but if my disability goes up then we might be ok. please advice to anyone who reads this!
love much,
Patina Rose

Re: Children Can Get Social Security Benefits Because of Disabled Parent

jason — Wed, 14 Oct 2009 12:06:59 -0000

i am in a wheelchair and i get ssi can my child get ssi to cause i cant work

Re: Social Security told me not to bother appealing my disability case

zStasiuk — Wed, 14 Oct 2009 01:20:23 -0000

A large percentage are denied on the initial application and I am certainly not trying to encourage clogging the Social Security system with frivolous appeals. What bugs me is that it really is not the desk attendant's job to decide what is and is not a frivolous appeal. in Colorado, appeals in disability denial case go to an Administrative Law Judge.

The Social Security worker should not usurp the judge's authority to rule on an appeal.

Even in Reconsideration cases where the technician may well be the person who *will* make the next decision, it is still improper because the technician cannot know what new evidence may be developed during the appeal. Even if the technician made the right choice in denying the case initially, that does not mean that new evidence will not become available during the appeal that should change Social Security's mind.

Frankly, the horror stories I hear are not just that a Social Security technician is being negative about a claimant filing an appeal; it is that the claimant is refused, actually refused, the appeal form.

This is a violation of an individual's due process rights. An appeal is part of a process that includes the hearing, the Appeals Council, District Court, the Circuit Court of Appeals and yes, even the United States Supreme Court.

By stopping someone from appealing, the entire future of that case and ALL the appeal rights die right there.

Re: Can you get both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

minigames — Tue, 13 Oct 2009 19:38:49 -0000

I feel like it would be pretty difficult to get both, but I guess we might as well try.

Re: Social Security told me not to bother appealing my disability case

Jeff McNair — Tue, 13 Oct 2009 14:47:17 -0000

I have had a little experience with this. Actually, it appears the criteria is different upon appeal. A large percentage of initial request are supposedly overturned on appeal, so I would say to go for it! Whatever you do, don't reapply as benefits will start with the new appeal whereas if you appeal they start from the initial application date. At least that was the case when I assisted a friend with his appeal. We were able to get him eligible, and also receive benefits going back to his original application date.

Re: Social Security told me not to bother appealing my disability case

zStasiuk — Tue, 13 Oct 2009 12:39:52 -0000

Hmm, I don't see too many Recon Requests in Colorado (since we don't use that step in disability cases -- although the Recon step is still used in cessation and overpayment cases). That language does not appear in the "Request for Hearing" forms.

I doubt that Social Security is institutionalizing discouraging appeals. I wonder what that language is for?

Re: Social Security told me not to bother appealing my disability case

gateslaw — Tue, 13 Oct 2009 09:53:12 -0000

Tomasz, If you take a look at the Request for Reconsideration form used by the SSA (linK: http://www.ssa.gov/online/ssa-561.pdf), there is a place in the bottom section that is to be completed by the SSA... #2 states "Claimant insists on Filing" the appeal, and there is a check box for yes and no. The only reason I can think of for that section to be on the appeal form is because SSA employees are discouraging claimants from appealing. And, according to the statistics, it is working: http://www.socialsecuritydisabilitylawyer.us/bl...

Re: Can You Receive Social Security While in Jail/Prison?

MJ — Mon, 12 Oct 2009 13:25:08 -0000

I am the representative payee for my son who is in jail for conviction of a misdemeanor. SSDI benefits were suspended as of 8/09. Has there been any success in restoring benefits before I file for reconsideration. Release from jail is expected in November and I have a bill for Medicare (3 months) and am paying for storage of his furniture, two months rent ($725/mo.+utilities for August and September)

Re: Fleeing felon definition changed due to class action suit

Bob — Sun, 11 Oct 2009 17:13:04 -0000

I too have been hit with an "overpayment" claim by the SSA. They claim that I had a warrant for my arrest out of Fla. since 1984, but they have nothing to support that claim. I contacted Fla. and they said that they didn't want me. AND they sent a letter to the Denver field office saying that. (It has since been learned by me that that letter was destroyed by a workerin the Denver office)! I have had to appeal everything that they have sent me---with copies stamped received by them. I have obtained the services of an attorney. Now my attorney finds out that they haven't processed one item of my appeals, nor even filed them on the SSA computer system. The attorney called the regional office in Kansas City---the K.C. office has taken over the case, and it is a mess!
Any comments on this? Have you heard of anything like this? Any action against SSA on my part?