Originally Posted by sl1029
After two long years, my husband finally recieved a fully favorable ongoing AND backpay award in May 2010 (Adjudication hearing was in March 2010). Thanks to a new drug that had come on the market, he was in a trial work period at the time of the hearing - that was acknowledged to the judge and referenced in the decision letter.
He still has not received his backpay...each time we have called they say it is still processing.
We notified SSDI in October that he had returned to work full time - and in response they send us a form asking us to explain all of his earnings from the beginning of the disability onset.
We called our lawyer who handled the hearing, and he advised that he had already been paid (which comes straight from SSDI out of the backpay)
Has anyone heard of this situation? We are worried that they are now re-examining his claim - which has already been heard and decided on by a judge.
Not surprisingly, we can't get the caseworker to call us back and we visited the SSDI office and they would not let us speak with her.
It is possible that there is an unresolved windfall offset indicator holding up release of the retroactive benefits even if you never received SSI benefits but filed an SSI claim when you originally filed for SSDI. That is the first thing I would look for. You can call the 800# and ask them if there is such an indicator on the record. If there is, you then need to get in touch with the SSI specialist in your local office who will know what to do to get case moving again.
If the attorney was paid, then you should have also received an award notice laying out the monthly amount due you. Read the whole thing and see if there is a paragraph about holding back your retro benefits because of a prior SSI claim.
With a written decision in May of 2010, you have been patient enough and probably need to speak with a supervisor in your local office. Too bad your husband's attorney isn't trying to light a fire under SSA for him.
As long as you didn't return to work in less than 12 months after onset, there is no reason for SSA to keep his retroactive benefits. There is no such thing as an "SSA Got You" deal.
I would like to know if I am correct so please post back.