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| | |-+  Filing a Request for Reconsideration Form (SSA-561-U2) on behalf of my Child
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Topic: Filing a Request for Reconsideration Form (SSA-561-U2) on behalf of my Child  (Read 505 times)
dLow12
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« on: February 15, 2017, 06:14:24 PM »

I have an issue i need some help with.  I recently found out my children were entitled to auxiliary benefits because of my SSDI. I have been on SSDI for 3 years now, and I just found out about these benefits. And yes, my child's info was in my original claim. Anyways, got the benefits granted and i just received the back pay, for only 12 months. They said they could not go back to my onset date.  They with held attorney fee's even though my attorney was already capped out at $6,000 from my claim.  I tried telling them that but they still withheld the money, I called the attorney and asked him and they said they haven't received anything.  I plan on filing an appeal but I don't know if i fill out the form with my information or my son's information??  and i am the rep payee.

please help

thanks,

dlow12
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Lit Love
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« Reply #1 on: February 15, 2017, 06:17:42 PM »

To clarify, an appeal on the backpay or the attorney's fees?
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dLow12
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« Reply #2 on: February 15, 2017, 06:18:40 PM »

Actually I plan on appealing both.
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Just Me
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« Reply #3 on: February 15, 2017, 07:17:15 PM »

You need to read the Fee Agreement you signed with your attorney. If I remember correctly, the backpay is limited to 12 months if you don't file an application for it within a certain time frame. But, I may be wrong.
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Hope the size of a mustard seed can produce Faith that can move mountains.
Age at Application: 50
Disability: DDD, nerve damage upper & lower extremities, RA
Date Applied: First Applied Feb 2002, Denied May 2003. Applied again Oct 2003, Approved June 2004
newdawn
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« Reply #4 on: February 15, 2017, 09:54:16 PM »

I'm surprised about the back benefits only going back a year if you named your children on your original claim. I assumed that naming them on the application would give them a protective filing date and that your children would be eligible for backpay further back because of this. However, I don't know the specifics of your situation or much about this type of issue so I may be misunderstanding the policies involved.

Protective filing:
https://secure.ssa.gov/poms.nsf/lnx/0200204010
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Name: Dawn
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Date Applied: 11/2013
First Approval/Denial Date: 03/2014
Reconsideration Approval/Denial Date: 11/2014
Hearing Date: 11/13/2015 (Friday the 13th!)
ALJ Approval/Denial Date: 01/15/2016 Fully Favorable (rec'd 01/21)
Date Award Letter Received: 02/17/2016 (rec'd 02/20)
Date Back Pay Received: 02/13/2016 (paper check)
Additional Info: 02/09/16 mySSA account updated with approval info. 02/22 rec'd medicare card in mail. Hired lawyer after reconsideration denial. Requested an in-person hearing.
dLow12
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« Reply #5 on: February 16, 2017, 01:57:08 AM »

When i had the appointment to file for auxiliary benefits they told me that i did have 60 days to file for auxiliary benefits from the date of the letter, but i never received a close out letter. She said that they did mail one to me, and provided me a print out of that letter, but the letter did not state that my son would be eligible for benefits, to provide them with a birth cert. ect. to file. it pretty much mentioned i may be eligible for other benefits, nothing specific. Anyways, i never knew about these benefits and all this time my children have gone with out them. I am going to appeal and attempt to have my first son's onset date be retro to my onset date because he was on my original claim, and i plan on determining the validity of that "close out letter" i don't think it was the correct close out letter. 

Also, my attorney agreement states he is entitled to 25% or $6,000 the claim. he was capped out at $6,000 already. The only way he would be entitled to my children's auxiliary back pay would be if he represented their claim separately, right??


Anyways, do I enter my name and social on the RR Form SSA-561-U2 even if i am appealing on behalf of my kids? or do I appeal with their names? Also, do i file one for each of them???
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newdawn
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« Reply #6 on: February 16, 2017, 11:12:49 AM »

Also, my attorney agreement states he is entitled to 25% or $6,000 the claim. he was capped out at $6,000 already. The only way he would be entitled to my children's auxiliary back pay would be if he represented their claim separately, right??

I don't know enough about this issue to provide a definitive answer. Plus, I don't know the exact language in your contract. (But even if I did, I'm just not knowledgeable enough to say absolutely yes or no.) As you may have noticed in this thread you participated in http://ssdfacts.com/forum/index.php/topic,21795.0.html, there are differing opinions.

Quote
Anyways, do I enter my name and social on the RR Form SSA-561-U2 even if i am appealing on behalf of my kids? or do I appeal with their names? Also, do i file one for each of them???

I am guessing you're the claimant since they're receiving benefits under your record, especially if they are under 18 and that you'd just file one appeal form. However, I'm not sure. Have you tried asking someone at your local office?

(This is the form I viewed online: https://www.ssa.gov/forms/ssa-561.pdf).

Sorry, I seem to be not much help.
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Name: Dawn
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Date Applied: 11/2013
First Approval/Denial Date: 03/2014
Reconsideration Approval/Denial Date: 11/2014
Hearing Date: 11/13/2015 (Friday the 13th!)
ALJ Approval/Denial Date: 01/15/2016 Fully Favorable (rec'd 01/21)
Date Award Letter Received: 02/17/2016 (rec'd 02/20)
Date Back Pay Received: 02/13/2016 (paper check)
Additional Info: 02/09/16 mySSA account updated with approval info. 02/22 rec'd medicare card in mail. Hired lawyer after reconsideration denial. Requested an in-person hearing.
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