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Author Topic: Filing a Request for Reconsideration Form (SSA-561-U2) on behalf of my Child  (Read 702 times)

dLow12

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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

Lit Love

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To clarify, an appeal on the backpay or the attorney's fees?

dLow12

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Actually I plan on appealing both.

Just Me

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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.
Hope the size of a mustard seed can produce Faith that can move mountains.

newdawn

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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

dLow12

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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???

newdawn

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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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