Date and Work Causes Problems in Soc. Sec. Disability Benefits

Discussion in 'Fibromyalgia Main Forum' started by DellaMae, Sep 14, 2005.

  1. DellaMae

    DellaMae New Member


    Last week I learned that the judge had reviewed my case and decided that he didn't have enough evidence (20 years of medical records, plus) to make an on the record decision in my case, but I would still have the chance for a hearing in another 18-19 months. They told me to contact my doctor and have any new records sent the the OHA as soon as possible. I did that and they should be doing that for me.

    Then, I called the OHA to find out what else they would be needing for the judge to make the decision. The lady there with whom I talked was really rude to me. I asked her what else did the judge need to make the decision on the record and she told me that a judge had NEVER been assigned to my case for anykind of review.

    She asked when did I become disabled, after she pulled up my file, and I told her the date and she said did you work any after that date, and I started to tell her why I did go back and why I couldn't do the job, but she interrupted me and said..well, did you go back to work and I said, yes, I did. Then she said, "There's your problem and why you haven't been getting any benefits! You worked after your date of disability." I told her that I did go back but others had to help me and plus I was on contract and was trying to get my early retirement because I had to have some income. She said none of that mattered.

    I told her that I was told the judge reviewed my files and said that he didn't have enough evidence to make the decision and she said she was the one who assigned the judges to the cases and my case had never been reviewed by any judge. She said the only person who had reviewed my case was their attorney who reviewed it and then sent it back to them way back in another year, when they first got my files from the other county.

    So, folks, it looks like that the senator was lied to and that the reason I have been denied time after time was the date that I became disabled and then I had to go back to work for a couple of months to finish out the year...but I would have been paid anyway, cause I was on a contract.

    The caseworkers did the phone interview and I told them this each time so they knew I had gone back to work after being out around 5 months....and I didn't lie about anything. It appears they knew that it would be denied but didn't care.

    The lady at the OHA told me that I was just one case in over 8,000 there waiting for a hearing date and I was just in that pot. She was not someone that I wanted to talk with any longer. I was nice to her, but she wasn't nice to me.

    I have contacted the senator about the problems and I haven't heard anything from his office today. Hopefully they will look into this and let me know what's going on. I told them it was very unfair and very wrong, to never tell me that's why I have been denied time after time after time. It had nothing to do with my health and why I am unable to work. The attorney must have "red flagged" my file as to the LOOP HOLE in my case if it goes to court.

    I don't know what will happen, but it's not going to end with this. I have emailed the President, the Governor of my State, and the Washington Senators from my state, the state senators and congressmen. I also emailed the head office of Social Security in Texas. I have received a response from the head office in Texas that it will be handle in the order in which it was received...which can mean anything in this case.

    Thanks for reading and I hope none of you who keep being denied is getting the run around due to a date that was entered over 6 years ago.

    Truthfully,
    DellaMae
  2. DellaMae

    DellaMae New Member

    My Reply to Date and Work Social Sec.Disability 09/14/05 06:37 PM


    For over 6 years, I have been waiting for social security disability benefits, now to have the OHA in my state tell me that the reason I wasn't getting any benefits was due to the date I became disabled and that I went back to work for around 2 months after that date. This is the first I have heard about this reason in these past 6 years and in all of the denials. The caseworkers helped with the filing out of the forms in the phone interviews and phone conversations.

    The senator has been helping me with the OHA for a judge to make an on-the-record decision in my case. They were told by their contacts that my case was being reviewed by the judge and he didn't have enough medical information to make that decision but to get any new information into that office asap. I have done that.

    I called that office to see what all the judge would need and the lady who assigns the judges to the case told me that she has never assigned any judge to review my case for an on-the-record decision. That upset me. She also told me the reason why I haven't been getting any benefits all this time was due to the date of my disabiliy and that I had gone back to work after that date. I filed the claim after I quit work for that year.

    I have been trying to get to the bottom of this because something isn't right here. So far, I have heard from some of the emails that I sent out. Hopefully, the office of the senator and others will find out what is going on and get my case solved very soon.

    Keep me in your prayers and keep hoping that this matter will come out in my favor. I wish you all the best in your cases and prayers that your case will go much smoother than mine has and hopefully will be won soon.

    Hugggggggs and Prayers to you all.

    DellaMae
  3. NyroFan

    NyroFan New Member

    Dellamae:

    Don't be discouraged. I had been out of the county three times while I was diabled. They made me wait until they saw if I worked and made money in another country.

    What a delay....but it cost them $16,000 in back payments while they checked.

    The laugh was on them. Just becaue I had money, didn't mean I wasn't entitled to SSD. They won't give me SSDI, though because they said my check was too high. Rediculous.

    Hugs,
    NyroFan
  4. DellaMae

    DellaMae New Member

    This is wonderful for YOU!!