I won my SSDI Appeal!!

Please pinch me and tell me it's really true! I got a call today from my advocate's office informing me that they had received a letter from SSA stating that my appeal was decided favorably and that I was deemed disabled as of January 1, 2009. Evidently my decision letter went to my previous address and my advocate will mail me a copy. I don't think I'll really believe it until I see the letter!

There is a 5 month waiting period (from the date the claimant is deemed disabled) which means my benefits don't start until June 1, 2009. I am eligible for Medicare in June 2011.

For anyone who is contemplating filing for SSI/SSDI or who has already filed, DON'T GIVE UP if you are denied. Unless your disability is for "compassionate" disorders, you can expect that your application will be denied. If you are denied, IMMEDIATELY, file an appeal. I was denied 3 times and appealed all times. I finally got to the level of an Administrative Law Judge before I finally was given a favorable decision for SSDI.

Always speak to your pdoc to make sure that he or she is in agreement that you file for SSI/SSDI. Make sure that you see your pdoc regularly and that it is documented that you are med compliant. Your doctor's report (make sure he/she will prepare a comprehensive report that complies with SSA's specifications) trumps any findings by a mental status exam (yes you will have to go to one).

Read everything you can on the SSA.gov site before you undertake the task of proving that you cannot perform ANY type of job.

Consider hiring an attorney - the cost which is taken from any award (backpay) you receive is capped by law at $5,000. I hired Allsup which claims a 98% success rate if you go all the way through the appeals process.

It can be a very long process (I applied in April 2008 and did not get news of my decision until October, 2010) - I wanted to give up several times but it became obvious that I can not work at this time.

If anyone has any questions, please feel free to ask me. Hugs, Laurie

Good to hear! By the way, your benefits are retroactive to the date of your FIRST application. They generally pay that lump-sum.

Hi JD,

This is all so complicated. This is what I know so far:

Benefits are retroactive to the date you are determined to be disabled - not necessarily the date of the application. Once the date of disability is established there is a 5 month "waiting period" where no benefits are accrued (the dead zone).

Example: I applied 10/2007. The Judge ruled that I was determined to be disabled beginning January, 2009 (partially favorable ruling). My benefits became retroactive beginning June 1, 2009 (5 month waiting period - or the "dead zone").

Other tidbits in the fine print: The judge concurred with my pdoc that any and all funds need to be assigned to my "representative payee". This means that I have to call SSA and set up an appt. so that my rep payee can sign all documents allowing SSA to deposit funds on my behalf.

Other details: I owe my former private disability retroactive reimbursement
from June 1, 2009 to February 10, 2010 (the date my private disability payments ended). This is calculated by being the "lesser of all payments received". In other words, I owe almost 8 months of my disability payments.

The great news is that I found out that I don't owe my advocate (Allsup) any money because my private disability company is paying their fees! This saves me $5,000!

So that's the scoop for now. I hope that everything goes smoothly from here on out. I have been living on savings and family help since February. Not a good feeling! Hugs, Laurie

This is fantastic news! I'm very happy for you.

Congratulations, Laurie!

For people who are still applying, I have heard folks are always turned down the first time. I guess the SS people just hope we'll give up!

Congratulations! I'm so happy for you.

I'm hoping I get good news too.....

Disability secrets is a great site, written by a former claims processor: http://www.disabilitysecrets.com/

Around 70% are denied the first time:http://www.disabilitysecrets.com/doe...isability.html

what disorders would be described as "compassionate" disorders?

Hi so punk rock,

Good question! Social Security has a list of close to 40 disorders which they have labeled as "compassionate disorders". I believe schizophrenia is on the list. If an individual has one of these disorders, only minimal documentation is required in order to receive benefits. Here's the list:

http://www.ssa.gov/compassionateallowances/

It seems to me that having only 40 compassionate disorders is extraordinarily low. Seems to me that there should be more mental disorders on the list.

Laurie

The compassionate allowances are mostly serious, end stage hereditary diseases and cancers. There are nearly 90 on the list but no primarily mental health ones.

http://www.socialsecurity.gov/compassionateallowances/

Laurie1041,

First off, CONGRATULATIONS!

Secondly, my SSDI was appealed and approved retroactively too. I also had a disability insurance from my employer during this waiting period that a percentage had to be paid back out of this claim. My attorney pointed out that b/c I actually would have been receiving SSDI during that time, my taxes need to be adjusted for those years, the taxes will need to be adjusted. Once the payment had been repaid to the insurance company for their payments during that waiting period, my taxes needed to be redone.

I highly recommend contacting an accountant to do this for you. It is very complicated. I asked several accountants if they were familiar with doing this but ended up at H&R Block with an experienced manager there, instead of one of their annual people. I took in all the back taxes, tax form w/ payment info from social security, tax info for each year of payments from the insurance, and repayment info to /from the insurance company. There were no problems and it was $135, the least expensive of all the accountants I'd talked to in our area and they had a guarantee. No matter who you go with, I really recommend an accountant to sort through this and file for you.

Again, congratulations!

So icredibly happy for you! I recall that journey and it was a bear. Hope there is peace in there for you and your beloveds

Fresia,

Thank you for the excellent pointer with respect to amending my taxes. I will run this by my CPA and find out what he recommends. Bummer, I just mailed off my late returns which were due by October 15! Thank you again for the suggestion! Hugs, Laurie

Thats good news

Hi, I'm Crew and I just read that you won your appeal...

that is a Huge Deal as I am sure you already know this....

I'm happy for you.......

Crew