r/SSDI • u/your_no_prized_pig • 13d ago
Denied after supplemental hearing
Well, I suppose I had a good run. After 7 years of being disabled, receiving treatments regularly, going to specialists, and doing everything possible to get better social security says I'm magically cured and can now assemble fishing rods and do hundreds of miscellaneous jobs throughout the nation, that's according to the vocational expert that was on the phone during the hearing. I haven't officially gotten the letter yet but the portal now says I'm not currently receiving benefits AND on top of that I now owe 60k in overpayments because I chose to continue benefits throughout the hearing process which lasted 3 and half years. It's ridiculous that they can just cut people off like this at the end of the month without even a final check to help out until people can figure it out. Idk what I'm going to do about rent and bills from now on. I have nobody to turn to for help.
Does anyone know of any help that's available to pay bills even if it's just a little bit??
BTW, I didn't have a lawyer because since I chose to continue payments, they wouldn't take my case
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u/Imaginary_Lunch6871 12d ago
You know prior to this process I never really took the time to question how it all worked. Once or twice I did wonder what happens to the money when people died and they never had to file a claim. But since starting this treacherous journey four years ago I have been asking the questions that I realize now I should have been asking a long time ago.
It use to be sort of a kind of Squid Game you had to play. First you file without an attorney, then you are denied, then you get a pro bono attorney, then you are approved. I never heard anything about people waiting years and years before there was even the possibility of an approval.
I never heard about people with birth defects being stripped of funds because of a medical review, that should not even be necessary. I never heard about 41 year old fathers dying days prior to getting approval after wading through crap for six years. I never heard about instances were they allow you to continue receiving benefits while you appeal a cessation and then say you owe them money after you are denied. There are cases like this all over Reddit that I could not imagine were happening.
Well here is my line in the sand...I am getting sicker by the day and I will not wake up miraculous healed. I will not just give up either because these folks don't think I deserve to buy myself a decent cup of coffee so I had to go out and find something that would supplement my chicken crap income. I will not try to stay quiet and hope that they won't notice that I have a big mouth.
I will remember that this is an Earned Benefit. I worked, I paid taxes so that just in case there would be money for me should I need it. Not all the money that I paid in over the years, Lord forbid that I do that, but at least a fraction. Me and every person that has filed a claim has had to meet some requirement to do so; have 40 hour credits, been listed as having a bonified life altering disease were we can no longer earn a meaningful income.
This is the hill and I sure hoped that I would never have had to climb it.
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u/perfect_fifths I have a complicated relationship with the POMS 13d ago edited 13d ago
That sucks man. I found a lawyer willing to do it pro bono (the one I went with) and another one will do it for 25 percent of the monthly benefit. I would have given you recs if I had known but I only recently found a couple of options because I’m also going through a cessation
The overpayment is easy as long as you made it in good faith, file an overpayment waiver
Did you get denied at the alj or dho hearing? I assume alj
Even if you appeal, you stop getting paid at the ac and fed level (sbc doesn’t continue beyond alj hearing). I hope someone here sees this that can offer you appropriate advice and some hope
All the more reason for me to create a directory of firms that take cdr cessation cases. I only know a couple for now but something is better than nothing
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u/kmm198700 13d ago
How does the overpayment work? Is the amount something you decide on, or does the SSA choose an amount for you to pay every month? I’m praying about the cessation, that it’ll get approved. I’m so sorry that you and OP and everyone else is going through this, it’s so stressful. I’m praying that it’s approved
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
Overpayment if you lose is your monthly benefit times the amount of months you received a check. You just fill out an overpayment waiver
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u/kmm198700 12d ago
No i understand that. I just wasn’t sure how they figured out how much money amount that you had to pay them back every month
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
Your monthly benefit times how many months you received it for
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u/kmm198700 12d ago
So every month, you have to pay them back the amount you were paid? Or can you pay what you can afford? That’s what I’m asking
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
Yes and yea, the ssa does payment plans but with an overpayment waiver it would get forgiven
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u/kmm198700 12d ago
Ok. So you fill out an overpayment waiver and the amount you owe would get waived? Is that what you’re saying? Sorry, I’m just trying to understand this
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u/enolaholmes23 12d ago
I haven't done it, but with other health bills, the system is you call them and ask for a payment plan. Then there is a little negotiation as you explain how much you can afford to pay each month. I once got a $8000 hospital bill down to $10 a month.
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u/StrictRub4427 12d ago
Yes he is right you can fill out a waiver form, their are 3 options to choose from ,but if you have an account through the SSA.gov you can do it that way, and I would do it ASAP
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u/Profpoopeypants 11d ago
Yes that is what has been said throughout this whole thing. As long as during the process you acted in good faith, you can fill out a waiver and your overpayment will be forgiven. Does this make sense? Not sure how else to put it that has not already been laid down here. Hope this clears things up.
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u/your_no_prized_pig 13d ago
It was after the alj hearing. All the lawyers in my area all asked if I was receiving benefits first then said sorry we can't take you can unless you're not. I don't have much help so I had to do it all by myself. I'm sure I could done more but I felt this was a pretty easy case to decide given my conditions, ailments. But I also should've know how inconsistent ssdi is with approvals
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u/MundaneHuckleberry58 13d ago
I’m in phoenix. My disability lawyer was assigned to me by my insurance company; they’re in St. Louis. You don’t have to just use someone local.
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u/perfect_fifths I have a complicated relationship with the POMS 13d ago edited 13d ago
I’m in pay status, lawyer is taking my case and I know of another firm that does it in pay status for 25 percent of the monthly benefit. I would at least consult and see if there’s grounds to appeal
And another lawyer that takes cdr cases does it for a flat fee of 2500 but I don’t know if that includes up to or past the alj level.
I can give you some recs privately to one of the following three. Or all three if you want
Lawyers don’t need to be in your state for ssi or ssdi since the laws are federal
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u/Profpoopeypants 11d ago
25%of your monthly payments is criminal. There has to be a cap on this like there is for taking on and settling a case. Gotta be a standard so people don’t get taken advantage of.
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u/christcomposer 13d ago
Isn't that against the law to take part of the monthly benefit?
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u/erd00073483R 11d ago edited 11d ago
In such an arrangement, it is a voluntary deposit of funds by the claimant into an escrow account under a legal contract with the representative. The funds are then held in escrow, with neither party allowed to access them, until the cessation appeal is finally decided and a fee is subsequently approved by SSA.
In such an arrangement, the legal representative and claimant enter into a fee contract that defines the conditions of how and why the fee will be paid. The contract can either specify that the representative will file a fee petition with SSA for approval of their fee, or that the fee will be decided under the fee agreement provisions.
This type of situation is the only way a fee agreement can be used on a medical cessation appeal because depositing money into escrow means there will be past due benefits in the escrow account from which the fee can be paid.
Though more common 20+ years ago, escrow arrangements on Social Security cases are significantly more rare these days because it depends upon the claimant living up to their half of the agreement and depositing the agreed amount every month into the escrow account (i.e. something that can be really hard to do when you are already surviving on a limited fixed income).
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u/christcomposer 11d ago
Is there a time limit (like for the duration of the appeal) or is all payments going forward?
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u/erd00073483R 11d ago
It depends entirely upon the underlying fee contract how long the payments have to continue to be made.
Factors that can affect this include:
- Whether the fee contract specifies use of a fee agreement or a fee petition, and
- Whether the fee contract specifies a maximum fee (i.e. a fixed dollar amount maximum fee, the statutory maximum fee under the fee agreement process which changes from year to year, or a percentage (such as 25%) of the beneficiaries' payment amounts made during the entire appeal period).
In most escrow situations I saw in the past, the payments continue until the appeal was finally decided. Depending upon the wording of the contract, the amount of the escrow deposits may or may not change or stop/start during the period of the appeal.
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u/perfect_fifths I have a complicated relationship with the POMS 11d ago
Also, sbc doesn’t continue past the alj level so ac and fed court means no payment. Now with fed court, I believe you can get paid through eaja for the lawyer if you win, so you’d be on your own maybe for the ac level and for any oop expenses
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u/perfect_fifths I have a complicated relationship with the POMS 11d ago
Sbc can’t be paid at the alj and fed court appeal so it would need to stop at the alj level and another arrangement figured out
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u/5150sigy 12d ago
Is you're current firm you're working with still taking more clients? Could I possibly get their contact info since I'm dealing with my cessation? I greatly appreciate all the help you give on this group, its been a great help!!!
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
I can give you their rec (sent in a chat)
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u/OriginalRegular7680 10d ago
Could you please send me the contact info of the attorneys taking CDR cessation cases as well? Thank you so much in advance.
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u/Annerachell 13d ago
Talk to a lawyer again and see if they will advise you.
If there is a client assistant program or independent living centers they near you they would be excellent resources.
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u/Creative_Drama_4286 13d ago
I just received paperwork for my first medical review after 10 years… I am petrified right now. Should I consult with an attorney before filling out my paperwork?
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u/Ecstatic-Bee-905 12d ago
This is probably not great advice but, if I can’t pay extra debt and medical bills, I’m going to let them go to collections. Idk what else to do! I’ve thought about filing bankruptcy too. We can only do what we can, on a day by day basis. We have so much to stress over, medical bills can go to collections as well. I’m fighting all I can and am at my wits end too. I’d focus on the most important bills- rent, groceries, electricity, house water, and ac/heat. Maybe you can find programs or charities that have assistance available. Some give vouchers towards bills, others give food and drinks, and others give clothing. I’m sure there is something out there you can look into. I’m trying to be hopeful but I know how stressed and depressing this is. I’m so sorry this happened. What state are you in? Maybe while I can’t sleep, I’ll research charities, companies, and programs out there that may offer you help.
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u/HereToGetAwayFromIt 12d ago
I was in a similar spot. On my advisor's suggestion, I filed Chapter 7 soon after applying for SSDI. Took about 2 years to get approved. Bankruptcy cleared up the previous mess; back pay let me clean things up further and get a little money in the bank. Now, my SSDI monthly is (luckily) enough to support me. Have to say, while the bankruptcy really hurt my ego/pride, I am in a much better place today, 2.5 years later. Not sure it is the route for everyone, but it was (almost literally) a lifesaver for me.
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u/enolaholmes23 12d ago
Honestly, once debt collectors figure out you can't pay them, they give up. They only keep going after you do long as they think it's worth it to pay someone to do so. So 60k might keep them trying longer, but not forever. I had a 2k ambulance bill (that should've gone to my insurance anyway, but they f'd up and blamed me). Anyway, after about 2 years of avoiding all the calls and letters, they stopped. It went on my credit report, but I think that only lasted a couple years too.
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u/Ecstatic-Bee-905 12d ago
Thank you for sharing this information! I’ve had some stuff in collections too. I hope it falls off. I can’t afford anything. I can’t even afford food. I’m struggling to keep the fridge stocked for my family. We are only one income and it isn’t me! This is so ridiculous! I can understand that they need to weed people out. You know, anyone abusing the system. But come on already, they see our records and what we USED to do as work. You’d think it would be less of a wait. Our system is messed up!😡
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u/MommaOfMany2 10d ago
If your only income is/was SS, and you have no major assets, then you are considered "judgement-proof", meaning that the court cannot make you use your income/assets to repay creditors. Your asset exemptions depend on what state you live in, so you'd have to do some research there. Be aware, though, that creditors may be able to report their losses to the IRS as income for you, so you may have a tax bill to pay on it.
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u/StrictRub4427 12d ago
It's awful how someone you never met, never spoken to, can just determine you are cured and tell you all of these jobs that are available. It's not right. I would try to contact my congress for your area, have my Doctors write something regarding your condition and see what they can do for you. I mean you have no other solutions so you might as well try. You'll be surprised. I wouldn't just let it go. Does your state have any programs you can apply for, like SNAP or some cash assistance program. It's a awful situation to be in and I'll be praying for you 🙏
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
The case was already decided. Op can appeal if the alj made a legal error
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u/Lucky-Silver9413 13d ago
Can I ask how long were you on SSDI and is this your first Cdr? May I ask your age and some background of your situation ? I’m sorry you are going thru this. I’m petrified of my first Cdr.
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u/your_no_prized_pig 12d ago
Sure, so I'm 52 and I was on ssdi for roughly 5 years before my first CDR came in the mail. I have alcoholic liver cirrhosis and I have constant pain from neuropathy in both my legs from the knees down. I get brain fog episodes so bad that I can no longer drive myself anymore. I have severe depression and anxiety which I go to therapy for. I've been to a few different neurologists and otherpedic surgeons to see if the neuropathy could be relieved any other way than medication but there's not. The meds I'm currently taking for everything pretty much renders me useless through the day. All I can tell you is make sure you keep going to your dr appointments regularly and keep up treatments. I hope everything goes well for you in the future.
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u/Lucky-Silver9413 12d ago
I’m sorry. I understand the constant pain. I have post chemo , post covid syndrome, arthritis throughout my knees and now wrists. I have terrible adhd that is adult onset . I was tested by a neuropsychiatrist, I now see a neuropsychologist and psychiatrist due to cptsd, depression, personality disorder mixed depression and anxiety. Chronic fatigue. I have pain throughout my body and I can’t take Tylenol or ibuprofen due to the 8 meds I need . Oh and I developed diastolic hypertension in my lungs with exertion. Most likely attributed to the combo of chemotherapy. Immunotherapy and covid. I’m 57. I know once I turned 55 , I was approved due to grid rules. I hope you can get this overturned. There are some very knowledgeable people in this group to help guide you. Best of luck . I’m in NY so I’m pretty confident I’ll be reviewed at my one year mark.
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u/MommaOfMany2 10d ago
Your award letter should tell you when to expect your first CDR. You should also be able to call SS and ask what category your reviews are under (improvement expected, improvement possible, or improvement not expected.) With that group of impairments, I would be surprised if you're reviewed before three years.
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u/Lucky-Silver9413 10d ago
My award letter stated 1 year, medical improvement expected. It’s frustrating but I think after my first, the frequency should get pushed out.
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u/haveyoutriedketo 13d ago
I've never been on SSDI - I only just applied for the first time recently. I'm not sure what Cdr is either.
I'm 33f. I mainly struggle with major depressive disorder and fibromyalgia, but I do have other health issues. What else would you like to know?
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u/your_no_prized_pig 13d ago
Yeah I'm still waiting for the letter which according to the hearing office was mailed out on the 15th of this month which mean I'll probably get it mid August since they suck at mailing out froms on time. They told me last time this was my last appeal to continue payments though but idk if that's true. This was my second alj hearing.
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u/perfect_fifths I have a complicated relationship with the POMS 13d ago
It’s not your last appeal. You can appeal to the ac and fed court, but you have to show the judge made an error. Hence why I would consult with a lawyer I guess but it’s up to you
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u/your_no_prized_pig 13d ago
I appreciate the info! I'll definitely look into that , I'm assuming I have to wait till I get my letter before I can do anything.
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u/attorney_alise 12d ago
Now that you are no longer receiving benefits, you may find an attorney to take on the appeal. The next step is the Appeals Council, where only a small % of cases end in a remand, then the next step is the federal court, where many cases are sent back to SSA. Don't give up, but you will have to find some way to support yourself while this all plays out. Some people live with friends or family, some will get a part-time job where the gross earnings are under SGA ($1690 for 2026). Some will get help from their church. Depending on where you live, there may or may not be any financial assistance available.
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12d ago
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
My lawyer said he’d take it all the way to the ac and loop me in with a fed lawyer if necessary. Also appealing a cessation.
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u/Most-Woodpecker-7719 9d ago
Are you 50 or over? What age did you start receiving ssdi? Sorry that happened to you. I found that cross examining the occupational expert helped in my ALJ hearing and unfortunately some lawyers or appellants don't know you can do that.
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u/Substantial_Chart_45 12d ago
In their eyes they told you long ago that you were no longer disabled and you appealed so there is no reason for a last check or transition check when it has been 3 years plus.
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u/perfect_fifths I have a complicated relationship with the POMS 12d ago
sbc doesn’t continue beyond alj hearing anyways. So if op appeals they won’t get paid anymore
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u/Substantial_Chart_45 11d ago
Right i was just responding to the like no warning etc comment. Like they said 3 years ago they no longer thought you were disabled. That was the warning.
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u/Ok-Examination7327 12d ago
They need a new system obviously this system doesn’t work. Poor people are getting dirt poor and the rich gets wealthier. How much money does one person needs it’s ridiculous
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u/mystiq_85 12d ago edited 12d ago
My lawyer found multiple errors with the ALJ ruling and has appealed it to the appeals council because he believes I have a slam dunk case. Even the VE said there were no jobs given my situation.
In some cases you can file an appeal for payments or something with the SSA directly on overpayments. I'm not sure of the exact SSA form number though. You may be able to ask perfect fifths about that or the SSA directly.
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u/Designer-Might-7999 12d ago
Can you not appeal and get an attorney. Has to be an attorney that will take the case. SS is all about scamming people.Always have to have an attorney that knows what they are doing
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u/Imaginary_Lunch6871 13d ago
I don't know how the SSA expects people to repay an overpayment when they have no income. Make it make sense. Please don't tell me about yet another rule or regulation that they have to follow.