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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11739
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Stephanie O Joy, Esq, Soc. Sec. Attorney only: Hello Stephanie. You

Resolved Question:

Stephanie O Joy, Esq, Soc. Sec. Attorney only:

Hello Stephanie.

You helped me before with auxiliary benefits for my child that were never given to her since just filling out the social security application does not count as a formal application for her benefits.

Do you remember me?

I need to request a hearing by an ALJ.

Is the form HA-501-U5 the correct one?

Who is the claimant? Me or my child?

Am I enough to speak to the judge on my own without any kind of representation or should I find someone to help me?

What should I write in the box that says I disagree with the determination?

One of my main fears is that meeting with the judge could open a can of worms by causing them to reconsider or challenge my own disability. Often people judge me and by looking at me think I am completely functional but do not know the truth of my mental state of mind and what happens behind closed doors.

I just would not want anyone to challenge me or further pester me like in the past. Is that something for me to consider or no worries in this matter?

Thank you for always helping me out so much!
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.
Hi! So nice to see you. OK, let's see what we have here:

Stephanie O Joy, Esq, Soc. Sec. Attorney only:

Hello Stephanie.

You helped me before with auxiliary benefits for my child that were never given to her since just filling out the social security application does not count as a formal application for her benefits.

Do you remember me? YES!

I need to request a hearing by an ALJ. OK.

Is the form HA-501-U5 the correct one? Yes!

Who is the claimant? Me or my child? Hmm. Good question. If you look at your 501, notice it says Claimant, and then "Wage Earner" - wage earner is the person whose record the child is seeking benefits under. Claimant should be the child.

Am I enough to speak to the judge on my own without any kind of representation or should I find someone to help me? If you know how to win on your own, I'd do it on my own. If you think your case has issues that may be hard to defeat, I'd get a lawyer if I could (one who only does SS, obviously, or at least keeps it his main focus) - however, if the issues are seemingly against you, however, it may be that no lawyer will take it, because it may be contrary to take a retainer for a case he feels is very not likely to win. If that is the case and if you feel you have a compelling argument, you can certainly argue it yourself. You can submit a brief/memo to the judge as well, before the hearing.

What should I write in the box that says I disagree with the determination? Tell them why, in a nutshell. This is NOT a brief or memo - just a quick blurb, so don't sweat it.

One of my main fears is that meeting with the judge could open a can of worms by causing them to reconsider or challenge my own disability. I don't think that there is a connection at all. Note, however, that nearly ALL disability claimants must go through CDR (continuing disability review), so it would behoove you to always keep in your medical treatment, very, very regularly - if remotely treatable, treat, otherwise, still see a doctor to monitor your problem. That way when CDR happens, you have proof of ongoing problems.


Often people judge me and by looking at me think I am completely functional but do not know the truth of my mental state of mind and what happens behind closed doors. Yes, isn't that unfortunate? They judge on pure ignorance. Your impairments are likely the kind that you DO keep up with your weekly or biweekly or monthly mental health follow up visits, so if so, unless your provider says, she is improved on a long term basis, if she indicates you are getting by, but with struggles... you should be good if you maintain the incoming treatment, so there will be records to back you up.

I just would not want anyone to challenge me or further pester me like in the past. Well, unfortunately, that is part of the insurance benefit - we only get it while we are disabled. Because people recover, or improve with meds and / or therapy, they have to review, so "non-disabled" but impaired people don't continue to receive benefits that they are not entitled to. So be prepared.

 

Is that something for me to consider or no worries in this matter? I don't see an issue with THIS aux. fight - but yes, in the future, irrespective of this fight for your child's benefits, you will have to address.

Thank you for always helping me out so much! Oh! It is my pleasure, and thank you for such a welcome, it makes popping in on a weekend a true pleasure.

 

Sincerely,

Stephanie

Customer: replied 11 months ago.

Oh thank you.....


 


What is a 501 notice?


 


We get out monies directly deposited so no paperwork comes to the home.


 


Clearly if I do not request a hearing I automatically lose.


 


In order to stay organized and effective what points should I bring up when I go in front of an ALJ?


 


All the lawyers I approached won't deal with me.

Expert:  Stephanie O Joy, Esq replied 11 months ago.
501 is the form you referred to.

It is not "501 notice", it is "...501, notice [that] it says..." - the comma and the verb, notice, as in "take note of the fact that..."

I am unclear on what you are discussing when you are discussing your direct deposit...

I can't tell you what points to bring out, since I don't know what argument you are pursuing and if you have located any legal support for your position (i.e. case law, etc.).

If the lawyers won't take the case, it is likely because they don't find you to have a legally sound basis for a win, and/or you have not offered them a sufficient retainer to hold in the trust account, to go towards a future approved legal fee. The former, of course, doesn't bode well, but not necessarily the end all, if you can find some legal support after doing your research. You don't have to get that done before filing the appeal, just before you get to hearing, you will likely want to draft a brief, explaining which law supports you. You may have a year long wait for the hearing, typically.
Customer: replied 11 months ago.

How funny! You must think I am a foolish one. On my smart phone it is so hard to read the small screen and I did not catch the comma. I get it now. Please excuse. ;-))


 


The argument that I am pursing is that I thought that filing for a Social Security card for my child would cover anything that pertained to benefits under Social Security. I assumed that my child was not eligible for any monies since nothing was ever granted.


 


I used your wording to put something together that made any sense. Please let me know if that is how I should present it or if anything needs to be changed.


 


I do not know what I would have done if it were not for your advice and expertise and verbiage.


 


I would like to appeal SSA's decision regardless, because I believe if I do not do so, then the decision is closed definitely. If I file the appeal, you never know if for some reason a new person rules differently in my favor or the law changes and that will protective grab today's date as the date of application for backpay for this claim.




I thought that by applying for a social security card for my newborn, I would be qualifying my child and me for any benefits that we were eligible for. I would have thought that SSA was recognizing and aware of the relationship?


The birth and SS card of my baby, should be a constructive application - I stand by this because clearly ANY PARENT would have done any technical steps at that time, HAD they known. It is clearly not a situation where ANY parent would refrain from any benefits - since these benefits do NOT take away from the disabled parent benefits in any way.


Unfortunately, the law still has it that an application for a SS number is XXXXX an application for retirement, disability, or aux. benefits. The fact that the CHILD can not be blamed for ignorance of the law - even if his/her parent could be (which I am also not saying is fair, because the laws are so convoluted and voluminous, the old saying "ignorance of the law is no excuse" doesn't really sound quite right these days, for technical laws that are not obvious laws.


Clearly the SSA has the ability to connect her SS# XXXXX mine, and her's is connected to my disability, etc. It seems to be an overt (or passive actually) way of avoiding a clear eligibility for child's benefits - kind of like "see no evil, hear no evil" - see no 'claim', hear no 'claim' = no need to pay the claim.


I want to argue that clearly if a parent KNEW there was a need for special language to articulate an "intent" to claim benefits, a parent would have done so for the child, since no one in her right mind would forego insurance benefits for the child if they knew that they would otherwise be coming.



If, I keep this going and let's say in 5 years the law finally changes. At that time, and if the new law does not only apply prospectively but retroactively, I could be looking at a lump sum.



 











 


 

Expert:  Stephanie O Joy, Esq replied 11 months ago.
Hi again! With regard to your follow up:

How funny! You must think I am a foolish one. Lol, no, not at all - but I could tell we were not on the same page.

 

On my smart phone it is so hard to read the small screen and I did not catch the comma. I get it now. Please excuse. ;-)) No problem. I can't even DO these answers on my iPhone - I'd go blind and my fingers would hurt. So you are a step ahead of me :)



The argument that I am pursing is that I thought that filing for a Social Security card for my child would cover anything that pertained to benefits under Social Security. I assumed that my child was not eligible for any monies since nothing was ever granted. OK, I do recall that. Now, if you could find caselaw that supports the argument that your thinking this was reasonable AND should be a basis for giving you a protective filing way back when, that would be best. It may or may not exist.



I used your wording to put something together that made any sense. Please let me know if that is how I should present it or if anything needs to be changed. Ah, you are asking for near impossible. Since this is not yet IN the law, there is no real way I can say, "make it say this, so you win." But, I suppose I can give an opinion on if what you are saying is at least clear to a reader.



I do not know what I would have done if it were not for your advice and expertise and verbiage. Ugh. I only wish it were enough - but it is not necessarily. Part of the reason it is an uphill battle is that if they granted you your wish, they'd have to pay out billions of dollars for every other child like yours. Because they haven't charged premiums to accommodate the type of outlay (not expecting it perhaps, I'd bet the fund would be bankrupted. You see what I am saying?



I would like to appeal SSA's decision regardless, because I believe if I do not do so, then the decision is closed definitely. Yes, that is likely so.


If I file the appeal, you never know if for some reason a new person rules differently in my favor or the law changes YES, this part!


and that will protective grab today's date as the date of application for backpay for this claim. You don't want todays date - you want the date you filed for your child's SS number.




I thought that by applying for a social security card for my newborn, I would be qualifying my child and me for any benefits that we were eligible for. I would have thought that SSA was recognizing and aware of the relationship? (After all, don't they require that when I apply for my child's #, I have to put down my number and my name, so we are connected? - check if that is so on a child's application.)


The birth and SS card of my baby, should be a constructive application (love your verbiage!)- I stand by this because clearly ANY PARENT would have done any technical steps at that time, HAD they known. It is clearly not a situation where ANY parent would refrain from any benefits - since these benefits do NOT take away from the disabled parent benefits in any way.


Unfortunately, the law still has it that an application for a SS number is XXXXX an application for retirement, disability, or aux. benefits. (While the former two make sense, it does not make sense for the latter, Aux. benefit. This is because unlike the first 2 kinds of benefits, there are good reasons why an individual would not file for retirement - because he may not have hit retirement age, or he may want to achieve delayed retirement credits. And one may not choose to apply for disability because that requires being medically disabled. Aux. benefits to a child, however, come with no such extra strings - the mere relationship to the disabled parent makes him "eligible" for benefits.

The fact that the CHILD can not be blamed for ignorance of the law - even if his/her parent could be (which I am also not saying is fair, because the laws are so convoluted and voluminous, the old saying "ignorance of the law is no excuse" doesn't really sound quite right these days, for technical laws that are not obvious laws. (I did APPLY for something for my child - his SS#, understanding, incorrectly as it turned out, however illogically, that this would provide him the rights and responsibilities of having such an SS#. Also, I understand that when a parent has a child when she is NOT disabled, but later becomes disabled and files a Title II (SSDIB) claim, filing for disability benefits DOES include questions about dependents and the SSA makes sure those children DO get their Aux. benefits. It would seem to only make sense that the SSA would do the same for parents who are already disabled and THEN have a child.)


Clearly the SSA has the ability to connect her SS# XXXXX mine, and her's is connected to my disability, etc. It seems to be an overt (or passive actually) way of avoiding a clear eligibility for child's benefits - kind of like "see no evil, hear no evil" - see no 'claim', hear no 'claim' = no need to pay the claim.


I want to argue that clearly if a parent KNEW there was a need for special language to articulate an "intent" to claim benefits, a parent would have done so for the child, since no one in her right mind would forego insurance benefits for the child if they knew that they would otherwise be coming. Yes, I think you do this quite well!



If, I keep this going and let's say in 5 years the law finally changes. At that time, and if the new law does not only apply prospectively but retroactively, I could be looking at a lump sum. Yes. Long shot, but yes. And there you have the child's college fund!!









Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11739
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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