SSI Request for Reconsideration

Sheri O.
on 4/5/05 8:20 am - Waynesboro, GA
Well i've been told by a few that I need to file for reconsideration. OK, next question - Anyone know any short cuts or hints on what I should put??? IM so new to this that I havent got a clue. Any help would be wonderful!!!! Thanks again, Sheri
Angel K.
on 4/5/05 1:57 pm
There are 2 parts to Social Security disability - SSI (which is income/ resources based - you can't have income over a certain amount and your resources can't exceed a certain amount) and DIB (diability insurance benefits) which is based on your earnings record over the years. If you are receiving worker's comp you probably do exceed the income limits for SSI. If your income does exceed the limit, filing a reconsideration on that issue won't go anywhere. If you get a medical denial, then you should file a request for reconsideration. In order to qualify for SS Disability you have to be unable to do any work activity, not just your former job. And yes, to get Medicare you have to be in pay status for 2 years for the income based benefits. A qualified Social Security representative could help you with the case but remember that they are then entitled to 25% of your back benefits up to $5300, whichever is less, plus expenses if you are awarded. You could end up owing them for expenses even if you lose. Expenses would includes photocopies, any fee paid to a doctor or hospital to get records, etc. Also, if you end up having to request a hearing, the hearing offices are so backlogged it may take a year or more to have a hearing. The 5-step sequential process used to determine if you are disabled is 1) are you working; if not, then 2) do you have a severe impairment(s) that are expected to be disabling for a period of 12-month or result in death; if so, then 3) do those impairments meet or equal a listed impairment (there is a list of impairments in the code of federal regulations that if you have that particular problem you are found to be disabled); if not then Social Security detemines your residual functional capacity, that is, what you can still do in terms of lifting, standing, walking and sitting but other things like using your arms, vision, environmental limits, etc. They will also consider how credible you are - have you seen the doctor and reported your complaints, have you complied with what the doctor has told you to do like exercising, etc., are your complaints consistent with your impairments. After your capacity is determined, then it's on to the fourth step. 4) Can you return to your past relevant work? They will look at all your jobs in the 15 years prior to the date you allege you became disabled; if you can go back to any of those jobs then 5) they will determine if there are other jobs that exist in significant numbers in the national economy that you can do when considering your age (the younger you are the more difficult it is to be found disabled), education, and residual functional capacity. There is a work comp offset if you are awarded SS DIB. I'm not for sure on the formula but the work comp benefits you get offset some of the SS benefits - you don't get all of the work comp and all of the SS. Hope this helps you some, and yes, I work for Social Security in a hearing office.
Sheri O.
on 4/8/05 5:33 am - Waynesboro, GA
Hello Angel~ Thank you for all the information, although im still alittle confused. At this point do I appeal the decision or wait to see if they still label me disabled? The paperwork said I only have 60 days to appeal. I guess I dont understand how they judge disability but by your actual disability but on your income. I cant walk, sit or stand for more than 20 mins at a time - if i pu**** im in severe pain and my legs and arm go numb. I cant drive other than to the pharmacy around the corner. If I dont appeal, im told that ill be dropped, and then im told if i do appeal it wont help anyways. Im sooooo confused, and so discouraged. At the rate im going, ill be dead in less than 2 yrs from the weight gain, blood pressure and fluid build ups. I dont know what else to do. Do you have any suggestions? I orignially filed for SSI, is there something else that I can apply for??? I have no kids, so I cant go thru DFACS. I dont see that I will ever be healed from this, its been a year today that I was injured. I dont know what else to do, and I dont want to give up. Any info you can help with would be greatly appreciated. Thank you again, Sheri
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