disability question

1. 52

   cledoraposted 14 years ago

   I've been on disability due to breast cancer. Then ss denied me anymore payments due to "overpayment". I did an appeal, received a reconsideration letter, and today received an award letter. What happens now?  During the months that I wasn't getting any payments from ss. So I had to work two jobs to make ends meet. Will this count against me if I made over the 1000.00 allowence I was only allowed while on disability for 2010.

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   1. 60

      dutchman1951posted 14 years agoin reply to this

      consult a disability Lawyer for a consult, should cost nothing for first visit, or maybe 75.00 for the advise. I'd say they will will look at your next Income Tax filing and if it shows income, they could contact you again and with-hold any amout due back to them for going over the limit. Please get professional help here and be carefull. Let an experienced attorney who has beaten ss take a look at it.
      
      anything else is speculation, unless you really know SS codes and laws and rules. It is very complex and confusing. Protect yourself.

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   2. 92

      Jlbowdenposted 14 years agoin reply to this

      Hi cleodora:
      
         First of all, I want to welcome you to Hubpages as a new member. I see you joined within the last hour or so. Secondly, my hopes are that you recover fully from your breast cancer problem. This is a terrible disease, which no woman should have to endure. My sincerest wishes once again. To answer your main question about s.s. disability...well that's a good question. To be honest I do not know a lot about this topic, however there are a few hubbers on this site, that maybe able to answer your question for you. I hate to be pessimistic, but honestly think that s.s may look into this and if you made more than the allowable amount with two jobs, this may be held against you. But as I mentioned, not a 100% sure. Good luck to you with Hubpages and please be patient. Someone will come along and answer your question, who has a bit more knowledge than I do.
      
      Jlbowden

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   3. 59

      Emma Pealeposted 14 years agoin reply to this

      I have applied for SSDI due to the physical and psychological effects of cancer and the recurring surgeries. I, too, was denied, appealed, denied again and then got a lawyer. I have not worked but had been layed off and was collecting unemployment. The tricky part of that is I had to say I was able to work and apply for jobs. But I truly believe I am disabled. However, untill SSI says I am, then I have to try to find work.

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      1. 61

         smcopywriteposted 14 years agoin reply to this

         most disability attorneys will tell you that your unemployment is no affected by disability. in other words- if they can find you a job where you can work whatever hours you feel able to work. an hour mon, one on wed, none next  week. where you dont have to work with people. when you can come in whenever, because of your meds. you can work around equipment with your meds and make important decisions with meds effecting them. then , yes. you found a job while collecting your unemployment.
         i think disability expects many people to get unemployment because of their illness. many companies will let you go when they cannot use you. regardless if you have the time or not. imagine if you have six months of disability benefits with the company. thats six months that they dont have a warm body doing the job and you are getting paid. firing you and paying the unemployment lets them off easy. they can hire a warm body and pay you next to squat for unemployment benefits rather than keep your job for you after you leave. they figure its probably going to be more than one medical leave.

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   4. 61

      smcopywriteposted 14 years agoin reply to this

      if you had an attorney for the first roll in the hay with disability that person is still representing you. be sure and contact them. these are questions that have to be answered specific to your case.
      disability is tricky. if you were working they may deny you disability because you can work...if they owe you back pay, they may simply pay you and then cut you off. they may pay you and not cut you off. interesting case. definitely  a disability attorney to take a look wont do you any harm

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2. 73

   Hugh Williamsonposted 14 years ago

   A call to your congressman and your senators might be very helpful. They do get involved on occasion if it looks like SS really botched a claim (and it's good publicity for them also).
   
   Don't bother with an E-mail - mostly they're answered by interns and go no further.
   
   Good Luck.

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3. 39

   mdlawyerposted 14 years ago

   I'm not conversant with your local disability law and hence unable to give any reliable advice.  May God bless you for speedy recovery!

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4. 0

   zampanoposted 14 years ago

   So, what does Steed think of all this Mrs Peel ?

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5. 78

   cathylynn99posted 14 years ago

   i'm on SSDI. when i make over an average of $1000/mo., i have to pay back the SSDI i received for those months. i can't imagine it will be any different for you. they do have a program that they will offer you in the same letter that requests repayment, if paying back the money will be a hardship. they may agree to let you keep the money if you can prove that you need it and, of course, fill out the proper form. i would try all this before involving a lawyer.

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   1. 60

      dutchman1951posted 14 years agoin reply to this

      I would indeed consult an SS Lawyer and get help with the form. make sure you are showing a real need, so it can not be denied, and if denied, you have help at hand for that to. Good advise from a person in the know helps, going it alone is hard. Loopholes abound, so be carefull.
      
      something you think is an innocent enough question, and you answer- can un-do your efforts, and you have legit needs.
      
      Best wishes

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6. 70

   Aiden Robertsposted 14 years ago

   By the language you are using it sounds like you are in the UK; I could be wrong.
   
   Let's assume you are:
   
   Disability living allowance is not affected by your earnings so your income during this period will not be taken into account. You are able to work and claim DLA but beware as you could fall foul of the qaulifying criteria in other words; your ability to work could be seen as an indication that your disability is not as bad as first claimed which would spark a change in circumstances investigation.
   
   Good Luck and if you are in the UK seek the advice of a McMillan welfare adviser through the CAB.

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