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Unread 11-02-2012, 09:14 AM   #1
bretd
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Default remand hearing

I was deinied from a ALJ a year and a half ago. We appealed to the appeals council and they found many things wrong with the Judges decision. I have my remand hearing on 11-30-12. I am so worried, We are so far in debt and have so many money problems I don't know what I will do if I get denied again. I have a lawyer and he is working very hard for me, but if I get the same judge I fear the worst. My lawyer told me before the last hearing he is the worst judge in the state. I am from Michigan. Has anyone been approved after a remand hearing????????
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Unread 11-07-2012, 01:18 AM   #2
finz
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I didn't have a remand hearing, so I can't comment on that, but did want to wish you good luck (and a fair judge) at your hearing.
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Unread 11-08-2012, 05:33 PM   #3
bgus1969
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Quote:
Originally Posted by bretd View Post
I was deinied from a ALJ a year and a half ago. We appealed to the appeals council and they found many things wrong with the Judges decision. I have my remand hearing on 11-30-12. I am so worried, We are so far in debt and have so many money problems I don't know what I will do if I get denied again. I have a lawyer and he is working very hard for me, but if I get the same judge I fear the worst. My lawyer told me before the last hearing he is the worst judge in the state. I am from Michigan. Has anyone been approved after a remand hearing????????
i was approved in michigan good luck
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Unread 11-08-2012, 06:27 PM   #4
ginnie
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I will pray you get the SSD. I know all about going into debt. I could not save any money two generations saved for, before I got my SSD. My house is on the market. I hope you can survive, and that this is granted to you to prevent financial ruin. Our country should not require you to be destitute before granting this needed service. I will keep you in my thoughts and prayers, ...your lawyer too....ginnie
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Unread 11-10-2012, 07:54 PM   #5
finz
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Our country doesn't require you to be destitute before approving SSDI claims.
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Unread 11-11-2012, 08:09 AM   #6
ginnie
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NOT TRUE FINZ AT ALL.... I had a trust from my mother to keep me in my home and pay for the taxes. It was written in that I may not spend anyof it except for the taxes. The Gov. did not care one bit, that I had this legal from a lawyer. I was foced to spend every last dime two generations saved for before I was allowed SSDI. Tell me again what country I live in? And just why I am loosing my home right now after 35 years of work.? I am a bit teed off over this Finz, it happened to me, and nobody stepped in to save me from this either. ginnie
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Unread 11-11-2012, 03:16 PM   #7
LIT LOVE
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Ginnie has a very complicated and rare situation, and will not relate to 99.99% of other applicants, and involves other agencies and benefits then SSDI as well.

Finz is 100% correct that you do not have to be destitute to receive SSDI.

To receive SSI and Medicaid benefits, a person must have access to very few resources.

The issue that tends to effect people is if they apply for SSDI and are denied, if the process takes many years, they lose eligibility if they want to start a second application down the line after they exhaust all legal options with the first application. For those with a home and/or married, they will likely not qualify for SSI.
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Unread 11-11-2012, 05:03 PM   #8
ginnie
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Default Re: this state is different

Little Love, my home is not even in my name. The trust for my taxes was. This was a legal document ignored by my government. I was only allowed to have 2,000 to my name before i was allowed SSDI. That didn't cover even one years taxes. I am not the only person in this country whos parents tried to help their offspring who were denied medical coverage due to pre- existing conditions. That was the only way to help me, since insuance was not possible. First to be deniend any insurance, then to loose the money to pay to keep you in your home that you worked for is not fair. My parents would have given all funds to my son outright had they been told the truth about medicare and medicaid/ SSDI. The lawyer who wrote the document didn't have enough education himself to know the laws involved with these agiencies. What chance do you think my 86 year mother had with trying to understand the laws down here? Hind sight is a great teacher. All this was, were loving parents that tired to protect their sick daughter from the state taking away everything she had, and that we all saved for. Bitter is a bit of an understatement. I worked 35 years, some reward. ginnie
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Unread 11-11-2012, 09:05 PM   #9
Janke
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I too want to add that to get SSDI benefits, you do NOT have to have assets under $2000. To get Medicaid and SSI, your countable resources do have to be under $2000 but not for SSDI. And since SSDI and SSI are federal programs, the rules are the same in all 50 states.

For BRETD, there are approvals on remands. Don't know if you will be one of them. The ALJ will have to address the errors found by the Appeals Council in the next decision. So it depends upon how severe those errors are. This is absolutely the time to have a good lawyer since they are making a legal evaluation of your medical evidence.
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Unread 11-12-2012, 12:59 AM   #10
LIT LOVE
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Frequently property taxes can be reduced or deferred for the disabled, btw. Every county has it's own rules.

Ginnie, Clearly you and your parents received legal advice that was ill advised to say the least.

I can empathize with your situation, I just don't want anyone to be confused about SSDI benefits. SSI/Medicaid has asset and income restrictions, SSDI/Medicare does not.

Here is a good link explaining why the government has some of these rules in regards to Medicaid--check out the section on Public vs. Private Interest specifically http://aspe.hhs.gov/daltcp/reports/hometreat.htm



Quote:
Originally Posted by ginnie View Post
Little Love, my home is not even in my name. The trust for my taxes was. This was a legal document ignored by my government. I was only allowed to have 2,000 to my name before i was allowed SSDI. That didn't cover even one years taxes. I am not the only person in this country whos parents tried to help their offspring who were denied medical coverage due to pre- existing conditions. That was the only way to help me, since insuance was not possible. First to be deniend any insurance, then to loose the money to pay to keep you in your home that you worked for is not fair. My parents would have given all funds to my son outright had they been told the truth about medicare and medicaid/ SSDI. The lawyer who wrote the document didn't have enough education himself to know the laws involved with these agiencies. What chance do you think my 86 year mother had with trying to understand the laws down here? Hind sight is a great teacher. All this was, were loving parents that tired to protect their sick daughter from the state taking away everything she had, and that we all saved for. Bitter is a bit of an understatement. I worked 35 years, some reward. ginnie
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