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    Princess9's Avatar
    Princess9 Posts: 1, Reputation: 1
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    #1

    Jan 11, 2010, 08:06 AM
    SSD backpay is owed but SSI cheated me from lump sum backpayment?
    Judge at hearing found me fully disabled. I was told backpay for SSD would come in 60 days. Instead when SS did call they never identified SSI and sent me only a small portion that is to come in 3 installments over 18months. I never received SSI back when, but now it shorts my dependents benefit as well as what is owed to me. I feel tricked, lied too, and cheated out of thousands my dependents would & should be entitled too. Why does everyone say to apply for both? I am entitled to SSDI, but back pay is much less due to their tricky conversion to SSI. How do I get these people to do the right thing?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 11, 2010, 08:24 AM

    If you have a court order that ordered them to pay you a specific amount of back pay, then have your attorney take them back to court for contempt
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jan 11, 2010, 05:00 PM

    Didn't you have a social security disability attorney helping you with your disability claim? If you did, then the attorney would make sure that the lump sum of the disability was made to you because his fees would be in that lump sum. If you did this all by yourself, you will have a hard row to hoe in getting it straightened out.

    Have you gone to the social security office and had a nice long chat with them yet about this?
    BX1111's Avatar
    BX1111 Posts: 1, Reputation: 1
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    #4

    Jan 27, 2011, 08:24 PM
    Same thing happened to me. Applied several times starting 2004. I was approved in 2010 and due to prioe attempt to return to work they had to re-open prior application (2006). In August I git an award letter from SSI for 45K. 3 months later they disapproved my SSI claim because I got approved for SSDI also- which only pays back 12 months. They are now refusing to re-open the 2006 case and are saying that they owe me 15k not 45k. And New York is taking about 12k for past housing. I'll be lucky to get 2,500 when all is said and done but even that amount will have subtracted from my housing assistance. So they will get every penny of my award. I just want to die.
    awisewon's Avatar
    awisewon Posts: 4, Reputation: 1
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    #5

    Feb 10, 2011, 11:14 PM
    Comment on BX1111's post
    This seems to be a trend by the ALJ's and clients attorneys or those non attorneys hired to represent their cases mine was binder and Binder who only called the night before the hearing wanted me to take less retro back pay to be sure I won my case I said O HE(( No, but they did it anyway and I was cheated out of 4 yrs back pay it took me 6 years to get my case to a ALJ 13 strokes and 8 heart attacks and heart failure as well as CNS and PAD and a list of other crippling effects and I have a certain death sentence it just when. Comment to this are welcome to email me at [email protected]. My attorney told me if I appealed or made a stink about it I rish losing my SSDI that I should be thanklful I got part of my SSDI Back pay. I would love any advice or anyone that could represent my case and get the rest of my money I sure need it badly for myself and family to seems they not only cheat us the disabled and dying but our children to. Its fraud committed by the SSA.
    awisewon's Avatar
    awisewon Posts: 4, Reputation: 1
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    #6

    Feb 10, 2011, 11:18 PM
    Maybe we need to file a Class action civil case and file criminal charges for the fraud abuse and exploitation of disabled people and our families and children who all suffer to of the effects of our being disabled a network needs to be created my Facebook is Wise Won my email is posted add me as friend it seems this has been done to a number of people and been before the Ways and Means who appears to have done nothing to stop this cheating the disabled or anything to see they get their owed back pay in full.
    Zaeda's Avatar
    Zaeda Posts: 4, Reputation: 1
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    #7

    May 13, 2011, 12:38 PM

    My husband just won his ssd/ssi case. His back pay should have been 22 thousand instead he got 6 thousand, the rest was "owed to ssi" in which he NEVER had a ssi payment until this year. But he owed his back pay to cover his back pay to ssi... this is the stupidest thing I have EVER seen. Meanwhile we're struggling to keep a float. Social Security is a JOKE.
    Zaeda's Avatar
    Zaeda Posts: 4, Reputation: 1
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    #8

    May 13, 2011, 12:42 PM
    Quote Originally Posted by awisewon View Post
    Maybe we need to file a Class action civil case and file criminal charges for the fraud abuse and exploitation of disabled people and our families and children who all suffer to of the effects of our being disabled a network needs to be created my Facebook is Wise Won my email is posted add me as friend it seems this has been done to a number of people and been before the Ways and Means who appears to have done nothing to stop this cheating the disabled or anything to see they get their owed back pay in full.

    I doubt it would do any good. Unless a LOT of people made a fuss about it. But they had their lawyers make it legal, so they can steal your SSD back-pay! Why would anyone steal from people who can barley afford to pay rent??

    This country sucks when it comes to being disabled. France actually pays what someone minimum wage would make plus $100 euro's a month, their disability is awesome and they care! USA, they rob you blind!!
    Zaeda's Avatar
    Zaeda Posts: 4, Reputation: 1
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    #9

    May 13, 2011, 12:45 PM
    Quote Originally Posted by twinkiedooter View Post
    Didn't you have a social security disability attorney helping you with your disability claim? If you did, then the attorney would make sure that the lump sum of the disability was made to you because his fees would be in that lump sum. If you did this all by yourself, you will have a hard row to hoe in getting it straightened out.

    Have you gone to the social security office and had a nice long chat with them yet about this?
    My hubby had an attorney - she got 5.3k he got 6.6k - then ssi took 10.8k - there is nothing she can do about it, because it was "owed" even though he NEVER had any of that 10k in his hand! It's robbery made legal!

    Going to the social security office did no good either. The lawyer gets almost what you get! It's sad
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    May 14, 2011, 08:02 AM
    Quote Originally Posted by Zaeda View Post
    My hubby had an attorney - she got 5.3k he got 6.6k - then ssi took 10.8k - there is nothing she can do about it, because it was "owed" even though he NEVER had any of that 10k in his hand! It's robbery made legal!

    Going to the social security office did no good either. The lawyer gets almost what you get! It's sad

    Now I'm confused - it is/was my understanding that when you get SSI you agree to repay it from the proceeds of a SSD award. You get the option to accept or not accept the SSI.

    Why would you get a form of aid for financially disadvantaged people and not have to pay it back when you get a lump sum payment?

    SSD (and SS, for that matter) were always intended to supplement other income upon disability or retirement. Anyone who plans on SS to finance their "golden years" either is misinformed or ill advised. There are news stories all the time advising people to purchase private policies and plan for their retirement WAY ahead of time.

    Welfare in NY works the same - you collect Welfare, you fall into an inheritance or something similar, it's not a pot of gold. You have to pay Welfare back, sometimes pennies on the dollar, sometimes the whole amount you received.

    I understand your frustration but there is a basic misunderstanding here concerning these benefits.
    Zaeda's Avatar
    Zaeda Posts: 4, Reputation: 1
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    #11

    May 15, 2011, 07:24 AM
    Quote Originally Posted by JudyKayTee View Post
    Now I'm confused - it is/was my understanding that when you get SSI you agree to repay it from the proceeds of a SSD award. You get the option to accept or not accept the SSI.

    Why would you get a form of aid for financially disadvantaged people and not have to pay it back when you get a lump sum payment?

    SSD (and SS, for that matter) were always intended to supplement other income upon disability or retirement. Anyone who plans on SS to finance their "golden years" either is misinformed or ill advised. There are news stories all the time advising people to purchase private policies and plan for their retirement WAY ahead of time.

    Welfare in NY works the same - you collect Welfare, you fall into an inheritance or something similiar, it's not a pot of gold. You have to pay Welfare back, sometimes pennies on the dollar, sometimes the whole amount you received.

    I understand your frustration but there is a basic misunderstanding here concerning these benefits.
    Yes, but he NEVER got SSI (well for back pay) he only get 200 a month and to date has got less than 1k in SSI, so why would they take 10k!
    genny003's Avatar
    genny003 Posts: 1, Reputation: 1
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    #12

    May 15, 2011, 08:23 AM

    When you receive back pay, does your lawyer get some of that also?
    I know you signed a contrack, and I know that they are to get no more than the cap of 6,000, or 25%. I am asking can they take more of your back pay?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    May 15, 2011, 08:55 AM

    The person to ask both of these questions is the Attorneys - ask to see the "settlement" papers.

    The dollar amounts have to be listed - by law. If you don't understand, then ask appropriate questions.

    Without seeing retainers and settlement papers it is impossible to know what happened. In the event it's an error, catch it now!
    latrimalaw's Avatar
    latrimalaw Posts: 2, Reputation: 1
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    #14

    Nov 1, 2011, 03:20 AM
    It happen to me also they beat me out of 4 year of back pay because my attorney did not file a appeal and I apply again after being denied for 4 and half years
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Nov 1, 2011, 07:06 AM
    Quote Originally Posted by latrimalaw View Post
    It happen to me also they beat me out of 4 year of back pay because my attorney did not file a appeal and I apply again after being denied for 4 and half years

    I don't understand what you are saying BUT if your Attorney made an error that cost you 4-1/2 years of benefits that Attorney is the person you should be pursuing.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #16

    Nov 1, 2011, 09:12 AM
    Quote Originally Posted by latrimalaw View Post
    It happen to me also they beat me out of 4 year of back pay because my attorney did not file a appeal and I apply again after being denied for 4 and half years
    I find that hard to believe that your attorney would not have filed an appeal on your behalf. I worked for a disability attorney and we always filed appeals once the client was turned down after the disability hearing. If your attorney did not file the appeal then he would not have been paid for all his work. That is why I find this hard to believe.
    awisewon's Avatar
    awisewon Posts: 4, Reputation: 1
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    #17

    Feb 12, 2012, 05:48 PM
    We need to get together and gather other victims of this back pay defrauding of the disabled by the SSA, Judges, and Lawyers and Demand a senate Investigation because with as many victims as I alone have heard about this is Organized crime and should fall under the RECO ACT BOTH CIVIL AND CRIMINAL, Plus the fact it is exploitation of the disabled and abuse of the disabled and it takes the lot of them to conspire to pull off such a feet therefore a good number of crimes are committed in these cases as well as many civil rights violations every major media needs to be hounded until they do a massive story and investigation and pay these victims their money owed them no matter how far back or long ago they got away with it. Many like myself fought over 6 years and countless times close to death and by the time you get any money your so worn out from fighting and living in fear they will murder you before you get one dime from them and dare you try to fight them more when they are telling you their ripping you off for your back pay and they dray it out so that even if you do appeal if there is anytime left to get another lawyer and prepare a case you run the risk of losing everything because if you appeal to the Appeals Council in Virginia, its like less than 30% if that much that wins anything from the Appeals Council and I think most of us see by now Public Corruption is spread so deep in our government its no longer even remotely funny and can prove both vary deadly and destructive. The FBI claims on its website its major current task if going after public corruption yet we see or hear nothing in the news or in the areas we live about any bust or convictions. Anyone is welcome to email me with questions or answers [email protected]
    awisewon's Avatar
    awisewon Posts: 4, Reputation: 1
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    #18

    Feb 12, 2012, 07:42 PM
    Its all a scam from start to finish using the poor to have their own personal slush fund they can rob at will as a personal ATM. People need to wake the you know what up. These people are robbing murdering and crippling innocent citizens at will and in massive numbers and none of them are being held accountable from big to small businesses to public officers. They poison people with toxic products some the most usless ever made on the planet like cigarettes and even when they do get sued only a small few victims see any money and they just pass they loss onto the next line of victims instead of all those who made profits that includes states and the government they made money and aided and abetted in crippling and murdering innocent people. They all belong in prison and Sorry there twinkiedooter! If you worked for a honest LAWYER MY HATS OFF YO YOU BECAUSE IN MY %$ YEARS I HAVE YET TO SEE OR MEET ONE. Let me give you a little rude awaking and heads up just because your lawyer you worked for never appeared to be dishonest to you don't make them honest. When victims of civil cases have strong evidence and slam dunk cases and call and go in person around the country and no lawyer will touch their cases I'd say that means they have the ability to blacklist victims Nation wide. When Doctors and Lawyers can operate website off the coast of the United States To Blacklist clients and each other in to stop lawsuits or retaliate due to lawsuits that is powerful stuff and violates everything this country was ever based on or formed for and under minds the total concept of Freedom and Equal protection of laws.It sickens and disgust me every time I hear in the Media or anywhere else the RICH and Or Powerful just because they are rich or in politics or big business they are not to be any better or more powerful than any average citizen and the mere saying that on national TV of any sort is admitting guilt of public corruption and criminal activity anyway you look at it or what you want to dress it up to look or sound or how you want to color it or package it. Fact is none of these people coming on here saying SSA OR THEIR LAWYERS OR BOTH CHEATED THEM ARE LYING NOR ARE THEY STUPID AND DON"T KNOW WHAT THEY HAD BEEN LAWFULLY ENTITLED TO> SSA LAW STATES UPON !ST APPLICATION IF YOUR TURNED DOWN THROUGHOUT the Entire Process and at some point later win your claim and your disabilities are due to or are extensions of the progressed disability of the 1st application and most are even if new disabilities do arise which often will then that claimant is lawfully entitled to their back pay dating from the 1st application. This is where the Big Robbery and Scam comes in making claimants start a 2nd application with SSA and Lawyers knowing full well the disability is the same disability of the 1st application which has now progressed. The 2nd big scam is the SSI not giving it timely or awarding it but never paying it and then collecting back out of the SSDI and state aide given to claimants during the wait time, Their All Exploiting disabled people and making money off them including the lawyers who at least represent the top leading 5 causes of death and most crippling disabilities none of those people should even need a lawyer or be turned down THEY ARE FREAKING GOING TO DIE EVEN IF THEY DO HAVE GOOD Movment or brain power left ITS DISGUSTING AND ABUSE AND PURE PHYSICAL AND MENTAL TORTURE TO EXPECT DYING PEOPLE TO KEEP WORKING ANY JOB UNLESS THEY WANT TO KEEP WORKING UNTIL THEY FINALLY DROP DEAD> SOCIAL SECURITY IS INSURANCE THAT EACH PERSON PAID INTO AND THE LAW WAS INTENDED THAT IF YOU WHERE OUT OF WORK ^ MONTHS YOU GOT COVERED IT WAS INTENDED TO PROTECT BOTH THE WORKER THE BILL COLLECTOR AND ECONOMY NOW ITS BEEN MADE !@ MONTHS SHOWS HOW STUPID CARELESS AND GREEDY AND SELF CENTERED THE SENATE AND CONGRESS IS AND CORRUPT ONLY WANTING TO PROTECT THE VARY WEALTHY NOT THE PEOPLE> WHO IS GOING TO WAIT !@ MONTHS FOR RENT< WHO IT GOING TO WAIT !@ MONTHS FOR THE POWR BILL THE WATER THE CAR INSURANCE TO GET TO AND FROM DOCTORS WHOS GOING TO BUY FOOD ITS A FREAKING RACKET SCAMMING BOTH THE DISABLED AND THE TAX PAYERS USING THE DISABLED AND THE POOR TO EXTORT AND EXPLOIT MONEY FROM BOTH DISABLED PERSONS AND TAX PAYER. SO DON"T FEED ME ANY CRAP ABOUT SOME HONEST FREAKING LAWYERS TELL THAT TO ALL THE SMOKING VICTIMS< PESTICIDE AND OTHER CHEMICAL VICTIMS, LEAD POISON AND ASBESTOS< ALONG WITH AGENT ORANGE AND ALL THE OTHER TOIXC CRAP USED IN THE !ST AND 2ND WW anD Korean War Plus all the other Toxic Chemicals we haven't discovered yet that they hide from the people all the employees hurt at work and no coverage cheated out of damages landlord and many other injries that cripple people for life and some cheap scum that could have easy afforded proper cverage had they lived within their true means and responsabilities or why laws are in place to for state and gov agencies such as SSA to sue 3ed parties who caused the disability of another but selectivly do so and when they do they claim nothing for the victim only for themselves using the victim to self gain and profit falsely. Its total BS when states and the gov sue Cigaette companies that pass the loss of to the cunsumers and the state and gov falsely claiming its to pay Medcaid, WHAT DID THEY DO WITH ALL THE TAXES THEY MADE OFF THESE POISON PRUDUCTS THAT IS WHERE THE MEDICAID MONEY SHOULD HAVE BEEN COMING FROM THAT WAS PAID VIA TAXES FROM POISON PRODUCTS AND EVERY PRODUCT THAT CAUSES INJURY AND DEATH AND CRIPPLING OF ITS USERS>

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