Since my original postings (2007) the backlog of ALJ (third level of appeal -- Administrative Law Judge) Hearings has been cut in half nationwide. Or -- at least -- the wait-times have been reduced from more than two years down to as low as six months. This is a good thing, as many people have exhausted their savings way before that amount of time has elapsed.
My advice to one-and-all is to be persistent in your appeals. If at any point you stop, you must then later start from the beginning again. If you retain an attorney at the ALJ level (most people do), you are not required to pay the lawyer except for miscellaneous charges like copying your medical records, independent medical examinations, phone calls, or other office incidentals. Attorneys by law cannot charge you a fee unless your case is won on appeal.
You do not need an attorney at the initial and reconsideration level, since the local Disability Office in your area (state DDS) will handle all your paperwork, and you probably will never see the examiners in person unless you specifically request a meeting. At whatever stage you decide to retain an attorney, they are entitled to 25% of your back benefits, or $7,000 -- whichever is less.
If you (or someone you are applying for) are determined by either a treating physician or another doctor to be unable to manage your own financial affairs, a payee will be appointed by SSA. That person is required to handle your benefits in your best interests, so it should be someone in your immediate family who you trust.
About Me
- Sam
- Retired member, National Association of Disability Examiners (N.A.D.E.) Retired English teacher.
4 comments:
Thanks for the info on the last blog, Sam. I'm still thinking that all I have to do is supply the info about my sister's expenditures from the trust account to SS somehow. I just don't know to whom. So I'll see if someone at our local SSA can help. I don't want to be delinquent about this. I do think that the account is legal in California, by their system of laws. It has nothing to do with me taking over all her accounts with the government.
The Chula Vista rep I talked to thought that my sister might be entitled to back pay because she was always an "adult dependent child" - though my dad never worked that out for her. I don't know. I guess I'll just explore it as I go.
It's late and I'm tired but want to respond to this briefly.
My (younger) sister is also disabled and recently moved near me from LA. (I live on the East Coast). I am aware that there are different programs in CA tied to SSA and SSI(such as Medi-CAL).
Since your sister is beyond retirement age, she can no longer draw DAC (disabled adult child) on your father's record. As far a back benefits, I don't know. It's worth exploring, as you say. Good luck.
Thanks. And what an undeserved barrage of criticism you got on Sweeney's blog commentary. I hope some of those people visit your metaphysical blog. You're a grammar expert, after all. A more well-written blog would be hard to find. Not to mention the wisdom you've gained in your journey.
Thank you. I think some of the posters at Sweeney are young and angry. They confuse criticism with being "judgmental".
As we older folks have learned, it is nigh unto impossible to think critically unless one is prepared to examine evidence. If they want to see that as "judgmental", I don't think there's much I can do about that. When did judgment become a dirty word?
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