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Fri Jul 17, 2015, 04:15 PM

I had my court hearing today. (Updated w/ chart)

Last edited Mon Aug 3, 2015, 10:34 PM - Edit history (2)

Update 2: I received my approval letter in the mail today. Yay!

So after starting this process last year and receiving two paper denials, I went to court today and was found to be disabled under 3 different sections of disability law. Now I have to wait 60 days and then I will finally start to receive my funds.

UPDATE
This is an awesome flow chart that can help peopl visualize how hard the process is.

63 replies, 8751 views

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Arrow 63 replies Author Time Post
Reply I had my court hearing today. (Updated w/ chart) (Original post)
Quackers Jul 2015 OP
Warpy Jul 2015 #1
roody Jul 2015 #2
TexasProgresive Jul 2015 #3
meow2u3 Jul 2015 #17
TexasProgresive Jul 2015 #18
Quackers Jul 2015 #43
dixiegrrrrl Jul 2015 #49
DAMANgoldberg Jul 2015 #4
irisblue Jul 2015 #5
libodem Jul 2015 #6
allan01 Jul 2015 #7
dixiegrrrrl Jul 2015 #11
wellstone dem Jul 2015 #34
ColesCountyDem Jul 2015 #8
democrank Jul 2015 #9
madamvlb Jul 2015 #10
dixiegrrrrl Jul 2015 #12
TexasBushwhacker Jul 2015 #13
missingthebigdog Jul 2015 #15
Quackers Jul 2015 #44
R. P. McMurphy Jul 2015 #14
jwirr Jul 2015 #16
Quackers Jul 2015 #19
madamesilverspurs Jul 2015 #20
Historic NY Jul 2015 #21
Liberal_in_LA Jul 2015 #22
mackerel Jul 2015 #23
Packerowner740 Aug 2015 #61
mackerel Aug 2015 #62
madfloridian Jul 2015 #24
emsimon33 Jul 2015 #25
chillfactor Jul 2015 #26
Cha Jul 2015 #27
davidpdx Jul 2015 #28
raouldukelives Jul 2015 #29
Post removed Jul 2015 #30
JoeLaValle Jul 2015 #31
mackerel Jul 2015 #40
dixiegrrrrl Jul 2015 #50
happyslug Jul 2015 #54
Name removed Jul 2015 #32
independentpiney Jul 2015 #33
ellennelle Jul 2015 #35
Quackers Jul 2015 #45
SusanCalvin Jul 2015 #36
awoke_in_2003 Jul 2015 #37
Quackers Jul 2015 #46
awoke_in_2003 Jul 2015 #48
mackerel Jul 2015 #55
awoke_in_2003 Jul 2015 #56
niyad Jul 2015 #38
ut oh Jul 2015 #39
mackerel Jul 2015 #41
Quackers Jul 2015 #47
Quackers Jul 2015 #42
Gothmog Jul 2015 #51
AndreaCG Jul 2015 #52
happyslug Jul 2015 #53
mackerel Jul 2015 #57
happyslug Jul 2015 #58
mackerel Jul 2015 #59
Quackers Aug 2015 #60
mackerel Aug 2015 #63

Response to Quackers (Original post)

Fri Jul 17, 2015, 04:18 PM

1. Congratulations! It just sucks that it has to be such an arduous procedure

because a bunch of paranoid Republicans are scared to death you might still be well enough to enjoy your life.

That's exactly it, you know.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 04:19 PM

2. good news nt

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Response to Quackers (Original post)

Fri Jul 17, 2015, 04:20 PM

3. They sure make it difficult, don't they?

And some people are convince that there are people on disability without merit.maybe some are but all the people I know that have tried to get disability were obviously disabled and had to go through Hell to get approved.Congratulations, Quackers.

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Response to TexasProgresive (Reply #3)

Fri Jul 17, 2015, 07:14 PM

17. That's the whole point

They make it difficult to get -- and to stay -- on disability. That's the government's way of weeding out the fraudsters and that's how come disability fraud is very rare, contrary to all the RW propaganda.

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Response to meow2u3 (Reply #17)

Fri Jul 17, 2015, 07:21 PM

18. When dimson was pResident

a good friend of mine was told by a friend who worked in SSA that they were told to just deny 50% of all new cases without any review. This means that valid cases were denied out of hand.

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Response to TexasProgresive (Reply #3)

Sun Jul 19, 2015, 02:48 AM

43. Thanks! Check out the new chart above!

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Response to Quackers (Reply #43)

Sun Jul 19, 2015, 01:36 PM

49. That is a cool chart and should be pinned in some approp. group, at least for awhile.

There are frequent threads about disability, that chart would come in handy.

And, after seeing that chart, I am very impressed that Mr. Dixie got his SSDI on the first try, down here in Ala.
He has a visible physical disability but had managed to work regularly even tho it was painful all the time to do so.
His company closed, we moved here, and he was able to get on SSDI. Probably could have done so before but had always refused the idea.

Even so, it still took 18 months, and we were damn lucky that we had enough savings to get us thru.
Now he has been moved over to reg. Soc. Sec. since he turned 65 this year.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 04:35 PM

4. Congrats...

BTDT
(Been There, Done That)
and know your pain. There isn't enough back pay to sustain you over the time you had to wait, but it's coming. Keep the faith.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 04:39 PM

5. HAPPY NEWS!!!!

been there,, done that!

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Response to Quackers (Original post)

Fri Jul 17, 2015, 04:59 PM

6. Goddess bless

I'm so happy for you. I remember breaking down and sobbing in a friend's car when I was accepted . I was so relieved it overwhelmed me. I went through so much trying to go back to work when I shouldn't have been forced to. But they made me try and fail before I was allowed to be disabled.

I had this same neck, sholderblade, arm, nerve pinch, that I'm going through now, while I student taught. I had to try and work full of narcotics and nerve medicine and hot packs or cold packs. My boss handed me the National Suicide hotline number after I said I'd rather be dead.

I still have PTSD from being mistreated at that job. I had a case with the the EEOC but dropped it.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 05:08 PM

7. it aint easy but it took me and my team 5 years to get ssi

won on appeal. congrats to u.

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Response to allan01 (Reply #7)

Fri Jul 17, 2015, 05:54 PM

11. Did you get "back pay" to the date of first application?

I know that Soc. Sec. disability does that, did not know if SSI ...state disability.... does.

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Response to dixiegrrrrl (Reply #11)

Sat Jul 18, 2015, 09:11 AM

34. SSI does go back to the date of application unless

the decision is that the disability started after that date.

It is actually possible for Social Security Disability (not SSI) to go back to before the date of application (up to a year) if the disability started before then.

I have a cousin who has Parkinsons, her hours were cut because she couldn't do the job, the boss kept her on part time because he cared. But when he cut the hours again, she told me what was going on. I told her to apply, and to tell them that her inability to work, her disability started when her hours were first cut. She did, and the SSD went back to before when she applied. With SSI it starts on the date that you apply (if you were disabled as of that date.)

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Response to Quackers (Original post)

Fri Jul 17, 2015, 05:20 PM

8. Congratulations!

I'm still waiting.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 05:32 PM

9. I`m so happy for you, Quackers.

It`s a new day.......

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Response to Quackers (Original post)

Fri Jul 17, 2015, 05:38 PM

10. Big congrats on a hard fought battle.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 06:00 PM

12. Soc. Sec?????

or state...?

You should be able to get Medicare, too, if Soc. Sec.
That has been a real blessing to Mr. Dixie and me.

Either way, Congrats....I know tis an immense relief.


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Response to dixiegrrrrl (Reply #12)

Fri Jul 17, 2015, 06:25 PM

13. Medicare doesn't kick in for 18 months

from your disability date. So if the judge determines you were disabled as of January 2014, then you would get 12 months of back pay and get Medicare right away. If they determined you were disabled as of January 2015, you wouldn't get any back pay and you wouldn't get Medicare for another year.

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Response to TexasBushwhacker (Reply #13)

Fri Jul 17, 2015, 06:40 PM

15. Might be medicaid eligible, though.

Any eligibility for SSI should get you Medicaid as well.

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Response to dixiegrrrrl (Reply #12)

Sun Jul 19, 2015, 02:51 AM

44. Thanks! It's SSDI. I have enough work credits plus 8 years in the military. nt

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Response to Quackers (Original post)

Fri Jul 17, 2015, 06:38 PM

14. So happy for you. nt

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Response to Quackers (Original post)

Fri Jul 17, 2015, 06:45 PM

16. Wonderful.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 07:30 PM

19. Thanks everyone! I fell asleep after I wrote this. I didn't sleep at all last night. :/

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Response to Quackers (Original post)

Fri Jul 17, 2015, 10:47 PM

20. Good for you!!!

People who have never endured that process cannot comprehend what it's like. My own case took years, and the relief of the long-awaited decision brought tears of joy. The battles were by no means over, but at least there was a beginning of dealing with issues that had been made worse by all the delays. I am very truly happy for you!

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Response to Quackers (Original post)

Fri Jul 17, 2015, 11:03 PM

21. It will be retroactive too....

best of luck.

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Response to Quackers (Original post)

Fri Jul 17, 2015, 11:22 PM

22. congrats

 

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Response to Quackers (Original post)

Fri Jul 17, 2015, 11:44 PM

23. Very rare to receive a bench decision. Wait for the fully favorable

letter to verify the onset date. The notice of award will come shortly after that and that's where you'll get your back benefits breakdown.

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Response to mackerel (Reply #23)

Fri Aug 21, 2015, 12:23 AM

61. Very true, at my hearing the judge asked if I minded if he ruled right there

I told him of course not. He then told me my case never should have gotten to him and he approved it on the spot.

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Response to Packerowner740 (Reply #61)

Sat Aug 22, 2015, 12:23 AM

62. Wow very rare for an ALJ to concede.

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Response to Quackers (Original post)

Sat Jul 18, 2015, 01:32 AM

24. ......

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Response to Quackers (Original post)

Sat Jul 18, 2015, 02:36 AM

25. Great news!

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Response to Quackers (Original post)

Sat Jul 18, 2015, 02:41 AM

26. Good for you!

You fought the battle and won! So proud of you for hanging in there!

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Response to Quackers (Original post)

Sat Jul 18, 2015, 05:54 AM

27. Happy for you, Quackers!

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Response to Quackers (Original post)

Sat Jul 18, 2015, 06:25 AM

28. Saw this on the front page

But thought I'd just say congrats on hanging in there and fighting for what you needed. I hope to they will give you money back to the point you applied since you were wrongly denied benefits.

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Response to Quackers (Original post)

Sat Jul 18, 2015, 07:48 AM

29. So glad your getting help, so sad it took so long.

Congrats!

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Response to Quackers (Original post)


Response to Quackers (Original post)

Sat Jul 18, 2015, 08:51 AM

31. Congratz!

Now,
That your life is semi under control, enjoy it while you can for the next three years or so.
Then begin to have that small black storm cloud following you, the three, five, seven year review process, where you more or less have to fill out the application form all over again, and if this new reader doesn't like your answers they can cut you off with no warning. Nice scary thing to have hanging over your head the rest of your life!

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Response to JoeLaValle (Reply #31)

Sat Jul 18, 2015, 05:39 PM

40. Soooo true. I tell people this all the time but they never hear what I'm saying.

Once you hit 50 the reviews are usually spread out to 5 years.

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Response to JoeLaValle (Reply #31)

Sun Jul 19, 2015, 04:42 PM

50. Mr. Dixie was rated 100% disabled, never got a review after acceptance.

He got the SSDI at age 59, and of course at age 65 they move you over to Soc.Sec. and you still get the same amount..

Maybe his age precluded any review?
or maybe they do not review 100% disability on SSDI?

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Response to dixiegrrrrl (Reply #50)

Sun Jul 19, 2015, 11:31 PM

54. Technically he is already on "Social Security".

 

Under RSDI (Retirement, Survivors, Disable Income, the technical name for what people call "Social Security", you are on RSDI once you are "Disabled" and the law PRESUMES you are "Disabled" once you turn 65 (Or if born after 1938 that age increases, see the chart from SSA referenced below):

Just pointing out it is the SAME PROGRAM for people who are disabled AND people who reach retirement age (Please note early retirement at age 62 is still permitted, but at a discount over waiting till you turn full retirement wage. No discount occurs if you are ruled to be disabled before reaching "retirement age).

Retirement Age chart: If born before 1938 retirement age is 65, if born after 1960 it is 67. Between 1938 and 1960 the age of retirement slowly goes up:

http://www.ssa.gov/oact/progdata/nra.html

1937 and prior..65
1938...............65 and 2 months
1939...............65 and 4 months
1940...............65 and 6 months
1941...............65 and 8 months
1942...............65 and 10 months
1943-54...........66
1955................66 and 2 months
1956................66 and 4 months
1957................66 and 6 months
1958................66 and 8 months
1959................66 and 10 months
1960 and later....67

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Response to Quackers (Original post)


Response to Name removed (Reply #32)

Sat Jul 18, 2015, 09:02 AM

33. MIRT

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Response to Quackers (Original post)

Sat Jul 18, 2015, 09:34 AM

35. what a relief for you

as a psychologist, i see numerous applicants for disability benefits. after years of hearing the story of how no one gets approved on the first shot, i googled it. sure enough, 95% of first applicants get rejected; odds go to 50% on appeal, which i tell my clients, is better than vegas. i also remind them it's tax payers' dollars SSDI must be so stingy with, but most of them paid taxes into that fund. so it is NOT a handout; it's like any other insurance policy. NEVER FORGET THIS!!

[important distinction, however: this is no profiteering insurance company that has 'owners' who structure the revenue to benefit themselves the most. (this i count as an unpardonable sin that has no place whatsoever in basic humans needs, such as healthcare, education, water and utilities, food, shelter; yup, that basic socialist approach.) in contrast to SS and medicare, where the only folks who profit are all of us! with the government running it, that means it is WE THE PEOPLE who benefit! you know, US!]

and if i'm not mistaken, your disability benefit payments are back-dated to the date of your application. i well could be mistaken, tho; i'm not employed by SSDI, just contracted to contribute an objective analysis, which as a taxpayer and someone who at any point could have needed such assistance, in the past or in the future, i appreciate very much.

we are, after all, all in this together. i also share these sentiments with my clients, who - almost to each and every person i've seen for this, and that counts in the several hundreds - are deeply ashamed and frustrated that their disabilities limit their ability to be productive and self-sufficient. in all my years seeing these applicants, i have only encountered one or two folks i suspected of working the system. i'm sure those numbers are higher with other locations and professionals, but all in all, folks want to work, and they want to do so with dignity and safety. too many jobs are debilitating and brutal on the body; the poor especially cannot sustain these jobs, often more than one at once, and given so many of these jobs are on the front line of keeping our society running, we owe them at least this much. given my socialist bent, i'd say we owe them far far more than this, but i tend to recognize that a society is not only as strong as its weakest link, but that it is as a whole responsible for all the links, and moreover, that it will be judged by how it treats the least among us.

yup, jesus was the first socialist. and don't dismiss me on that count; i'm an atheist who practices buddhist meditation and is earning a masters in religious studies. fascinated by human belief systems that i am, and how anyone could count this program as a handout. like i said, it works like any insurance program, except once you receive benefits, you do not have to continue paying 'premiums'/taxes.

[much of this was written in response to a commented some heartless cretin who insisted this was a handout. good on whomever removed that comment!]

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Response to ellennelle (Reply #35)

Sun Jul 19, 2015, 02:54 AM

45. Thanks! You should see the flow chart above for the breakdown. It's sad.

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Response to Quackers (Original post)

Sat Jul 18, 2015, 10:02 AM

36. I am so happy for you! nt

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Response to Quackers (Original post)

Sat Jul 18, 2015, 12:47 PM

37. The hoops are ridiculous

 

My wife also got denied twice. Once she saw the judge (with a lawyer) she was awarded in under 15 minutes.

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Response to awoke_in_2003 (Reply #37)

Sun Jul 19, 2015, 02:56 AM

46. Mine took 22 minutes

After they started. They had a medical examiner in the room too.

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Response to Quackers (Reply #46)

Sun Jul 19, 2015, 05:22 AM

48. After the first denial

 

my wife was interviewed by a SS doctor. He fell asleep several times during the interview

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Response to awoke_in_2003 (Reply #48)

Tue Jul 21, 2015, 01:11 AM

55. That's the ALJ's favorite type of doctor and many ALJ's will weight that doctor's report

over the claimants own personal physician.

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Response to mackerel (Reply #55)

Tue Jul 21, 2015, 01:41 PM

56. Yep

 

His opinion outweighed that of her general practitioner and pain specialist

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Response to Quackers (Original post)

Sat Jul 18, 2015, 12:58 PM

38. congrats, and only sorry it took so long. have several friends going through the process right

now, an utter nightmare.

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Response to Quackers (Original post)

Sat Jul 18, 2015, 03:28 PM

39. Congratulations!

I tried for SS, but after almost 4 years of applying and appealing, I think I'm not going to get through.

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Response to ut oh (Reply #39)

Sat Jul 18, 2015, 05:41 PM

41. You need a good supportive doctor who will submit a Residual Functional Capacity Assessment

for you. That really does make the difference.

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Response to ut oh (Reply #39)

Sun Jul 19, 2015, 02:58 AM

47. It can take a long time and be a hard journey.

Look at my original post to see a breakdown of when and where people get approved in the process. Hang in there!

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Response to Quackers (Original post)

Sun Jul 19, 2015, 02:42 AM

42. Wow! Thank you all for the support and recs!

I have been offline until now and didn't expect to come back to this. Now I'll try to reply those who asked questions but it may take me a few.

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Response to Quackers (Original post)

Sun Jul 19, 2015, 05:23 PM

51. Cool chart

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Response to Quackers (Original post)

Sun Jul 19, 2015, 09:22 PM

52. Terrific! Congratulations to you!

I had mine approved recently much to my amazement. It feels good to have a certain amount coming in as opposed to going through savings. I'm told my pension which I should start getting at the end of the year won't affect it either.

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Response to Quackers (Original post)

Sun Jul 19, 2015, 11:23 PM

53. One BIG error in that flow chart

 

81.4% of all people who appeal above the Reconsideration level are approved, but the approval rate ABOVE the Administrative Law Judge Level is less then 5%. The rate of approval at the Administrative Law Judge Level varies from 60-90%.

Thus appeals to the Appeals Council in Fall Church Virginia and to Federal District Courts are generally NOT worth doing UNLESS you have a clear case of error by the Administrative Law Judge.

Just pointing out the big reversal of denials is at the Administrative Law Judge Level NOT above that level. The chart IMPLIES that the reversal rate is 81.4% THROUGH Federal District Court, and that is only true do to the HUGE reversal rate at the Administrative Law Judge Level.

A SECOND ERROR is the reference to Reconsideration. Starting around 2000, Social Security started to phase out Reconsideration for Social Security cases (But NOT for SSI cases). The main reason was that the reversal rate at reconsideration was very low compared to the Administrative Law Judge (ALJ) Level. Now when Congress passed Supplemental Security Income (SSI) in 1974 it reference the Reconsideration step that Social Security had been using since the early 1960s and made it part of the SSI Act. This made Reconsideration part of the process to get SSI as set by Congress BUT NOT part of the process to get Social Security. Thus Social Security has the power to drop Reconsideration for Social Security cases, for Congress has NEVER passed a law referring to reconsideration in Social Security cases BUT SSA CAN NOT DROP RECONSIDERATION FOR SSI CASES, for Congress made such Reconsideration part of the SSI process. Confusing, yes, but it is the law.

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Response to happyslug (Reply #53)

Thu Jul 23, 2015, 02:09 AM

57. Where are you getting 81.4% at recon level? Unfortunately it's way lower than the the rate your

posting.

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Response to mackerel (Reply #57)

Thu Jul 23, 2015, 02:02 PM

58. The 81.4 is from the chart that started this thread

 

The 81.4 is near the bottom of that chart. The reports I have read is the 60 to 90 % I mentioned, but the CHART clearly shows a 81.4%. That number in the chart is claimed to be ALJ, Appeals Council, and Federal District Court combined. I was making my objection to that number for even if true it is mostly at the ALJ Level NOT above those levels.

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Response to happyslug (Reply #58)

Thu Jul 23, 2015, 11:04 PM

59. Oooooo you mean when it gets remanded back down from the USDC. Actually 81.4% is not necessarily

wrong at the remand level. Unfortunately about 40% of those get only partially-favorables and the onset date gets adjusted. sometimes partially favorables also change the DLI and then it changes to T16 (SSI) pay. This also changes the back benefits. A lot of attorneys are leaving the field because of this.

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Response to Quackers (Original post)

Mon Aug 3, 2015, 10:39 PM

60. My paper approval letter came today!

Yay! I think that means I should receive something within the next 60 days....

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Response to Quackers (Reply #60)

Sat Aug 22, 2015, 12:24 AM

63. Most of the time you have to go in for an effectuation meeting.

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