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  1. #1
    Join Date
    Oct 2011
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    5

    Default Disability Benefits Approved then Taken Away

    Hi;

    6 months ago I was approved for Social Security Disability Benefits. When I received the award letter which included 9 months back pay, I called my lawyer to say thanks. He asked me if I was happy with the award and when I asked him why, he said he wants to appeal the decision because they awarded me a day that was 11 months later than I put down as my last day of work.

    Now I got a letter saying the reviewed my case again and decided I'm not entitled to benefits. My lawyer said he never saw that happen in 35 years. He said he's going to appeal this decision now.

    I'm not confident I'm going to win back my benefits and couldn't feel more down in the dumps. the benefit each month was only $1000 but it helped pay the bills. Has anyone ever experienced this reversal? Does anyone have an idea what I should do or focus on this appeal time?

    thanks for any information
    davtej

  2. #2
    Join Date
    Jan 2009
    Location
    California
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    699

    Default Re: Disability Benefits Approved then Taken Away

    I think that no one here can give you better advice than your lawyer. Having said that, I think you should also make sure that the lawyer is meeting the deadlines and following through

    Were you approved at the initial, reconsideration or hearing level? Were you denied at the reconsideration, hearing or Appeals Council level?

    You may choose to file a new claim while appealing the first one IF your appeal is now at the US District Court level. You have a long wait ahead.

  3. #3
    Join Date
    Oct 2011
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    5

    Default Re: Disability Benefits Approved then Taken Away

    Hello and Thank you for your reply.

    I was approved after submitting my application the first time around but I got a call from SSDI asking me all the same questions again and when I asked why they said because I'm appealing their original award letter ( just the start date ) I have to go through everything again including seeing their doctors ( never happened ) and have my doctors recontacted (never happened ) and then a letter showed up recently that they have reviewed my file and I'm no longer eligible for benefits. It doesn't make sense . How could I be eligible 6 months ago and not eligible now?

  4. #4
    Join Date
    Jan 2009
    Location
    California
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    699

    Default Re: Disability Benefits Approved then Taken Away

    The original decision may have been made by an employee who did not consider everything that should have been considered and the errors were not caught on standard review until you filed an appeal and a more thorough review was done.

    If it was SSI, you may have been approved as a presumptive allowance for six months with little to no evidence other than observations by the interviewer (who is not a trained disability analyst, but can usually make a good lay decision that a person is blind, deaf or IQ of a 12 year old - few of the presumptive conditions). Hard to say. What does your lawyer say (the one with access to all the evidence)?

  5. #5
    Join Date
    Oct 2011
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    5

    Default Re: Disability Benefits Approved then Taken Away

    Hi again

    I was awarded SSDI benefits. That is why I can't understand them revoking their first decision. Its like they purposely went out of their way to say they didn't trust their staff who made the first decision or they are just pissed off my lawyer is appealing the start date of my benefits and like in a trial they now found a doctor who says I am not disabled and we have to prove again that I am.

    I just find it a terrific waste of resources to go back and question their employees first decision to offer disability benefits.

    david

  6. #6
    Join Date
    Jan 2009
    Location
    California
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    Default Re: Disability Benefits Approved then Taken Away

    It is the same waste of resources that it would be to question a denial of benefits.

  7. #7
    Join Date
    Oct 2011
    Posts
    5

    Default Re: Disability Benefits Approved then Taken Away

    and what about all the people that agreed I should be on benefits. I just find it so demoralizing for them. To have their decision overturned must make them feel truly worthless at their job. Anyway im not sure if this appeal is done over the phone or some kind of mock trial.. I hope it goes to trial and I can call my doctors and the SSDI people that gave me the benefits.

    it would be interesting to question their new doctor also. I'm sure everyone is programmed to say not eligible.

    My shrink was the first one to tell me I should go on benefits. He said he would support me and some of my other doctors said the same. My shrink even told me i didn't need a lawyer from the very beginning but I decided to do it that way.

    Two weeks ago my shrink actually callled me and asked me what I did to get the benefits . He has 3 patients he sent there and all were denied. He said thats never happened before and my lawyer says in 35 years he's never seen it happened/

    I think October 1st they went through a major change with Obama now trying to get rid of some of the debt and hes going after disability, medicaid and medicare so he doesnt have to touch Social Security Retirement money.

    I think I fell through a crack in the floor with wrong timing.

    david

  8. #8
    Join Date
    Jan 2009
    Location
    California
    Posts
    699

    Default Re: Disability Benefits Approved then Taken Away

    You need to discuss the appeal procedure with your lawyer. There is never a trial in which all parties are questioned. In the first level of appeal, there is a folder review by a second disability analyst. In the second level of appeal, there is a hearing in which you can testify before an administrative law judge (not a superior court judge) and your lawyer can make a legal arguement. In the third level of appeal, the Appeals Council does a folder review.

    Law didn't change with the current administration or on October 1. There is no change in policy about who is disabled and who is not. What did happen is there is a hiring freeze and the same amount of work is expected to be done by fewer employees. That may be why you got approved when a denial was appropriate. But I haven't read your medical file, so you need to talk to your lawyer.

  9. #9
    Join Date
    Oct 2011
    Posts
    5

    Default Re: Disability Benefits Approved then Taken Away

    Hi again and thank you for clearing that up. I'm sorry if I sounded so cynical in my post. Its just I'm very scared right now. I haven't left the house in a long time because I feel so fragile. Except for going everymonth to the doctors and if they still made house calls I probably wouldn't even get out then.
    I honestly thought from what I've been reading that the president asked all these agencies to pull back and save some money. I'm glad you told me he hasn't, now I feel like I have a fighting chance of winning again.

    david

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