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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My lady was on social security ten years and now they say

Customer Question

My lady was on social security for about ten years and now they say she don't qualify
Submitted: 5 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 5 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

What is the reason given by the SSA for the new determination of not eligible, and what date is the letter?

Customer: replied 5 months ago.
Not sure about date. Will find it. Or she can find I'm sure. But she just went to some administrative hearing with a woman and I think it was the audit by another administrator but we have been misinformed and not exactly sure if we are being treated fairly or at least to the extent of the law. Not me but her anyways. They just stated she is no longer disabled. They had a review and had her go to a couple of doctors and they said she's gonna get cut. Not sure what to do now. If you would like I could give her your number or you could contact her at(###) ###-#### ***** you. She contacted her original attorney and he said he don't do these kinds of hearings and said sorry.
Expert:  Stephanie O Joy, Esq replied 5 months ago.

It sounds like she had a CDR (Continuing Disability Review) and that her condition was found to have medically improved such that they found she can do SOME job full time. It is this mandatory CDR that she may not have kept in the back of her mind all these years, to be prepared for, evidence wise, over the years.

I will ask that you be offered "premium service" that is extra but will allow her to call me --

But, additionally, if she has lost her CDR, if she plans on continuing payments pending an appeal (and yes, I do them): she must file her NOTICE of appeal, as per the directions in her denial letter, within 10 days of the date of that letter. If she doesn't, then her benefits will stop unless and until she can prevail on appeal. If the latter, and assuming she is actually still unable to work full time at any simple job, then we can consider representation - if she was in fact going to her doctors and specialists. If she stopped going to them, the question would be "why"? And, does she plan on immediately starting up with frequently and thorough treatment - because medical provider treatment/monitoring throughout is a necessary (usually) factor to prevail - it provides ALL of the medical evidence.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 4 months ago.
Would like to consult and will once we figure your costs for representation. Also can you represent where we're at. We are in spokane, wa. Also, has thought about the possibility of needing a payee as she seems to be more and more compulsive and irresponsible. Spending whole checks on unnecessary crap. Sure things that are good and could be used like clothes. Shoes. Coats. Hair products. Oh my God. The hair products. Oh well. It is hers but I know she needs to pay her bills as well. She does have a need to go out to dinner or a movie like two to three times a week. Also I think she is worsening. She feels there is nothing wrong. Hates it when I even speak of it. How it affects her reasoning. That really sets her off. Usually ends in the police showing to mediate or take her. She was taken recently due to her mental breakdown. She won't take her pills. She refuses. I found her pills in the trash hidden in toilet paper. Also seen one in the toilet that didn't flush. I'm guessing whole bottle as there were plenty then none. Whole bottles would sit for months without being touched. I would always ask her if she took them and she would say yes. Angrily usually. Sometimes nice maybe to completely misdirect me. Her insurance was cut when the affordable health care act went through. For some reason she made too much money and had a 4000 spend down and she couldn't even afford that. Which meant she had to spend 4000 every six months as the spend down restarted every six. Having multiple kids. I afforded what I could. We're not married but my insurance an the kids is very expensive. Mostly they are still taken care of the big stuff but very limited. As it is my son's therapy drains me even though I have a couple pay which is 20 percent. Still spendy. Almost 200 an hour at 2 hours a week and 8 times a month is still spendy. We do have 5 kids. Well 4 with us as the other left us early. Sad and affected her majorly. Me as well. The whole family as a matter of fact. But was meant to be. Muscular dystrophy. Rare form. Seemed to go downhill from there. She can't afford therapy. Let alone her meds. She lost for a period of time due to inability to pay up front. Otherwise would have seen doctor she says. I have been in the dark about a lot of it until last year or so. Seemed ok. Maybe you could refer a psychiatrist to see her. One that would be good. It would help. What are your fees. Other than the 40. I would likely pay that if you're for real. Also just be brief with price range. I do have medical power of attorney which was given recently
Expert:  Stephanie O Joy, Esq replied 4 months ago.

Good morning:

With regard to your post:

"Would like to consult and will once we figure your costs for representation. -------- Formal representation before the SSA involves a fee (or no fee) as decided by the SSA itself. Generally, it approves a fee of 25% of back benefits, if there are any and ONLY upon a win. If there are no back benefits, it will allow a "fee petition" where all work is itemized, it reviews the file, and it (SSA) determines what fee it will approve. In my practice, we only file same IF we prevail for the client - otherwise, no fee for work performed. The only financial obligation of the client is her OWN out of pocket expenses - we do not foot those. These include some minimal UPS or certified mailings to the SSA (for tracking purposes, as the SSA and/or USPS loses plenty of mail) and when we must order for her, her medical records - i.e. when SSA will not do so when requested. If her doctor's charge her for her records, that is her responsibility.

"Also can you represent where we're at. We are in spokane, wa. -------- I represent everywhere, yes, because this is federal, not state law. If there is a hearing, the client has the option of having us travel to their location (we keep the hearing AT the client's location), at the client's expense, OR, more often, because that is expensive, I appear at the hearing via video from my location, while the client appears in person with the judge, and sees my on the screen. I leave that choice up to the client.

"Also, has thought about the possibility of needing a payee as she seems to be more and more compulsive and irresponsible. ------- That is an SSA decision and if you tell them that she is unable to properly handle her moneys, and /or if current medical records show it, they can get her an RP. Or, if she ASKS for it, admitting she has such troubles, the SSA will - and it can be someone she trusts and who spends most time with her.

"Spending whole checks on unnecessary crap. Sure things that are good and could be used like clothes. Shoes. Coats. Hair products. Oh my God. The hair products. --------- Sounds like someone else I know.

"Oh well. It is hers but I know she needs to pay her bills as well. She does have a need to go out to dinner or a movie like two to three times a week. Also I think she is worsening. She feels there is nothing wrong. Hates it when I even speak of it. How it affects her reasoning. That really sets her off. Usually ends in the police showing to mediate or take her. She was taken recently due to her mental breakdown. She won't take her pills. She refuses. I found her pills in the trash hidden in toilet paper. Also seen one in the toilet that didn't flush. I'm guessing whole bottle as there were plenty then none. Whole bottles would sit for months without being touched. I would always ask her if she took them and she would say yes. Angrily usually. Sometimes nice maybe to completely misdirect me. -------- So sorry. Hopefully her medical visits have been thorough and her doctor's records reveal confusion or illogical thinking or something.

"Her insurance was cut when the affordable health care act went through. --------- For so many people :(

"For some reason she made too much money and had a 4000 spend down and she couldn't even afford that. Which meant she had to spend 4000 every six months as the spend down restarted every six. -------- Not my field, but I know that is a nightmare.

"Having multiple kids. I afforded what I could. We're not married but my insurance an the kids is very expensive. Mostly they are still taken care of the big stuff but very limited. As it is my son's therapy drains me even though I have a couple pay which is 20 percent. Still spendy. Almost 200 an hour at 2 hours a week and 8 times a month is still spendy. We do have 5 kids. ------- I know, so very expensive.

"Well 4 with us as the other left us early. Sad and affected her majorly. Me as well. The whole family as a matter of fact. But was meant to be. Muscular dystrophy. Rare form. -------- Who, your lady or the child?

"Seemed to go downhill from there. She can't afford therapy. Let alone her meds. She lost for a period of time due to inability to pay up front. Otherwise would have seen doctor she says. I have been in the dark about a lot of it until last year or so. Seemed ok. Maybe you could refer a psychiatrist to see her. -------- Unfortunately, not, I stick with the legal advice with SS - but she will need one that her insurance covers, so you will want to see who is in her network.

"One that would be good. It would help. What are your fees. Other than the 40. ----- See above. No fee unless/ until she wins, then as noted above. It is illegal to charge for legal work on representation until one gets written approval from the SSA, specifically - it is very regulated and protective towards vulnerable disabled people, as it should be.

"I would likely pay that if you're for real. Also just be brief with price range. I do have medical power of attorney which was given recently ------ I think you may wish to google me and my practice in PA, you will find me all over the web. (Avvo.com as well). I know it can be unnerving to retain a lawyer (fortunately, no retainer required here).

Going back to it, though - you need to look at her determination letter and appeal her before you run out of time. If you blow that deadline, I may be unable to help reverse it (if that ends up being possible) and it may be that we need to start anew, which may not be as favorable for her or even do-able (each case is rather fact specific).

Be well. It is a busy week here, with a hearing on Wed., but I will reach back to you should you leave a mesasge.

Sincerely,

Stephanie O. Joy