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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13543
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My father passed away in in 2010 and I filed

Customer Question

My father passed away in in 2010 and I filed for survivors benefits on my mother's behalf, who was divorced from my father. Soon after the application was filed I received notification from SSA that the benefits, which my mother would be entitled too would be subject to and offset due her federal pension amount.-effectively reducing the benefit amount to zero. Also, SSA informed me that this offset had been in place since 1996. In January I came across my mother's pension documents and noted that she was first eligible for retirement in 1980. After further investigation I found out that under § 404.408a my mother was exempt from any offset. I have provided SSA with all documents,which support this fact, but now it has been almost five months and my mother has yet to receive a determination letter. I have been communication with SSA on going basis to inquire as to status of my mother's application, but the only official response I have received so far is that they are working on it. Is there anything that can be done to expedite this process.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Yes, your mom may ask her Congressperson to make a "congressional inquiry" - it is used to spur on the SSA when it has dropped the ball on a task. It does not make the decision, but gets the SSA office to prioritize the process of deciding that matter. Typically, you can go to his/her congressional website and see a link for "Help with a Federal Agency" - where it tells you how to contract the congressperson, who has a team devoted to SSA inquiries. May I ask which section of 408a applies to your mom's situation? Just curious.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions. Otherwise, the only thing I need from youis a 5 start rating so I can receive credit from he company. 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!
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Urgent! There is just one more step needed, so thank you for finishing up! Hello again. It is month end for my little office - Please, if you haven't yet had the opportunity to do eitherof the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:1) Follow up if clarification is needed on our above interaction/Q&A, OR2) Rate me highly if we are finished for the time being. If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here! Sincerely,Stephanie O. Joy, Esq. – Your Online Legal Professional