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Q. about Partially Favorable Decisions

Social-Security-Disability-Forum » Q. about Partially Favorable Decisions  

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Gary Knight

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Posted on Wednesday, May 21, 2003 - 12:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I filed on 2/6/96, denied, appealed, denied, got attorney and appealed, got hearing - attorney thought was favorable, denied, appealed, got final hearing, approved on 2/7/03 but only half way back to origin of disability, yet to receive approval letter from the judge.
Are they trying to drive me absolutely insane?
My home has been foreclosed on, cars repo-ed, and finally had to file bankruptcy.
I have notified Sen Strom Thurmond's office, when he was still there. Now Senator Lindsey Graham's office, Representative Gresham Barrett's office, all to no avail. Is the SSD so powerful a bureaucracy that they can thumb their noses at all of us? I'm about to lose it...help...no one else can!!
Gary


Anderson, S.C. 29621
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Paul McChesney (Admin)

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Posted on Saturday, May 24, 2003 - 6:29 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I do not understand your situation exactly. I will not address your specific problems, since your attorney will know the details and be better able to explain your situation and what you can do. Because of this, I generally do not give advice to those with attorneys.

But I will comment for others that, though it is dangerous, since the entire case is thereby appealed, you can appeal a partially favorable decision. You should only do so after careful thought; my personal approach is to only do that if I am positive that whoever decides the case on appeal is almost certain to agree that my client was disabled earlier.

The Administration has certain powers, and Graham's office certain powers, and you do, and your attorney does. It is sort of like the rock paper scissors game where you win on some points and they on others. For example, you care passionately about your case, and are willing to spend any amount of time on it. The Administration doesn't want to pay you, but can only spend so much time on any case.
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Gary

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Posted on Sunday, May 25, 2003 - 10:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

So if I lose an appeal of a partially favorable decision, because I disagree with their determination of the on-set of the disability, (disability started on 2/6/96 and they will go back only to 6/6/98), then I will lose even the original favorable decision?
Don't understand your analogy of the rock, scissors, and stone story. Does that mean that DDS is going to do what they are going to do regardless of who else is involved and agrees with my disability situation.
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Paul McChesney (Admin)

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Posted on Wednesday, June 04, 2003 - 5:14 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Gary, you really need to talk to your own attorney. Please do that. Thanks.
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Charles H South Jr.

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Posted on Thursday, July 10, 2003 - 2:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In the early 90,s I became disabled with a cronic desease and back problems and was turned down.Sometime later I had a stroke and lost sight in one eye.Next came heart bypass.After I was approved I waited my five months for my first check.To get to the point was I not due some back pay?
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Paul McChesney (Admin)

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Posted on Sunday, July 13, 2003 - 7:54 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Maybe. If you act quickly you might be able to appeal and claim an earlier onset date. But I strongly recommend against doing this without consulting an attorney; if you appeal your entire case will be on appeal, including the issue of current disability. Sometimes that is safe, sometimes not.
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Deanna Dunlap (Unregistered Guest)
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Posted on Tuesday, March 21, 2006 - 9:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have had a disability hearing on February 28 the judge render me SSI how long is it until I get the official letter.

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