Originally Posted by menme
I was approved for ssd 3mths ago I applied about 17mths ago when I applied I applied for both ssd and ssi. When I recieved my award letter I thought It was for both ssd and ssi until I read the back and they said they were holding my backpay to see if I qualify for ssi WHAT!!! So about a mth later I get a letter saying I have an appointment to see if I will get ssi. I have had the appointment in the same week I noticed that my scheduled mthly payment day had been changed to the 3rd of the mth. Does this mean that I was approved because to get ssdi on the 3rd of the month you have to recieve both ssd and ssi. I recieved a letter I thought it was finally my ssi letter telling me if I was approved are not but it was a letter explaining about the lawyer fees which has been taken out of the ssd already and it said I will be getting a letter to tell me if they will have to pay the fee out of ssi. My thing is everything was in one letter when they sent the notice of awards why is it seperate now the ssd letter stated the amount of backpay, how long they went back, the lawyer fee. If I am approved why I'am I paying two fees if I may never see the ssd to pay back ssi. can anyone tell me what to expect from this point.
The ALJ makes a finding of disability and makes that for both SSI and SSDI. However, nowhere in the ALJ decision do you see any dollar amounts.
The payment center effectuates the payment of SSDI portion of the claim. The local office effectuates payment of the SSI portion of the claim. Why? Two programs. Two different sets of non-medical rules.
Fees can be due on both sets of retroactive benefits but cannot exceed the amount in the fee agreement (probably $6000). The SSDI fee is based on the actual amount of the retroactive SSDI. The SSI fee is based on the amount of the retroactive SSI that would have been due if the SSDI had been paid on time. Read that a few times.
If the SSDI retroactive benefit is $10,000, then the fee is 25% or $2500. If the SSI retroactive benefit is $8000 but would have been $2000 if the SSDI benefits had been paid on time, then the SSI fee is $500 (25% of $2000). However, the SSI is paid out to you. The SSDI can be offset by the amount of SSI that would not have been paid if the SSDI had been paid on time. The retroactive SSI can also be paid in installments, six months apart, an attempt by Congress to balance the budget on the backs of the SSI recipients (IMHO).
Read it all a few times. Try to fit it to your award letters.
It is reasonable to expect first monthly checks 30-60 days after the date of the ALJ decision and retroactive benefits 60-90 days later. If it is taking longer, there is a problem somewhere.
Ultimately, of the total retroactive benefits, you get 75% and the attorney gets 25% (capped at a max of $6000).