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Claimant applied for disability in 2011 and has been payed…

Customer Question
Claimant applied for disability...

Claimant applied for disability in 2011 and has been payed but is still fighting for more benefits.

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.

SSA obtained approval from husben Arthur who had NO authority. NONE.to act in ANY manner in behalf of claimant. including accepting claimants Disability and Supplemental Income Benefit payments into his bank account..SSA had failed to perform a background check of her husband and was wrong in not obtaining claimant and or this non attorney representatives approval.. SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of Arthur Straus and was wrong in not obtaining claimant and or this representatives approval. SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of Arthur Straus and was wrong in not obtaining claimant and or this representatives approval.
SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of her husband and was wrong in not obtaining claimant and or this representatives approval. QUESTION-SSA after calculating the full SSI and disability sums paid husband shall pay that sum to claimants new account. If you disagree please say so and why and then schedule a Hearing on this subject.
.

Accountant's Assistant: Is there anything else the Retirement Accountant should be aware of?

The above is just a little issue in a Reconsideration letter sent to SSA .

Submitted: 7 months ago.Category: Social Security
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Customer reply replied 7 months ago
Dec 12 at 5:18 PMTo: ***** ***** Office Date December 12,*****Hammond LA, 70403Claimant: Vonda Straus SSN####-##-####(Birth 7-12-1960)***** Ponchatoula LA.70403SUBJECT; An ADDITION herein to claimants Request for
Reconsideration document dated March 2, 2017 Please inform Claimant and her Representative that you have received her FormSSA-561-U2, dated March 2, 2017 .Will you also please send Representative a copy of that part of the Form that state "Field Office Development (GN 03102.300). Thank you.If you cannot comply after 8 months or more with the above please arrange for a claimant Hearing with a Social Security Administrative Law Judge. The subject being "SSA Failure to Respond to Request for Reconsideration" We prefer Judge Timothy G. Stewart who is familiar with claimant issues regarding SSI payments.(A finding that claimant does not owe SSI overpayments made by SSA mistakes).YES WE REALLY WANTED A RECONSIDERATION BY OUR LOCAL SOCIAL SECURITY OFFICE AS OPPOSED TO A FINANCE CENTER.COMPLIANT: Be aware that on October 23, 2017, the Richmond California Western Program Service Center (Supervisor Andrade) of the Payment Center Department wrote a letter dated October 23, 2017 (Attached) to this claimants representative providing claimant with an answer to claimants Request for Reconsideration document dated March 2, 2017. In effect making her own "Case Review" and a Determination of her own work. In doing so the California Service Center failed to comply with and is wrong and is in violation of , SSA POMS: DI 27001.001 PROCEDURES by interfering with claimants right to have an independent review and defeats the purpose of SSA Sec. 205(b)(2) and its Regulations. When a Hearing is held, Andrade will be subpoena and questioned by this Representative. It is clear that any SSA Judge would find Andrade's letter null and voidYou should know several years ago claimants original Local Office in Needles, California was removed from serving claimant due to an administrative fight with Andrade which led to many delays and mistakes by her office. Needles office confirmed in effect by telecon that they were no longer going to support claimant because one employee was thought to have made a mistake relating to claimant.The Payment Center Department took it upon itself to became our Local SSA Office, even though it's office was 9 hours away from claimants home in Bullhead City,Arizona. Claimant had a right to appeal to her Local Social Security Office in Hammond LA,, and did so in accordance with the Western Program Service Center letters paragraph that states "You can file an appeal with any Social Security office" Claimant did so.Claimant repeats itself. If Hammond LA, is not going to perform a CASE REVIEW, claimant demands you schedule a claimant Hearing to determine who is.Claimant now requests you correct a wrong and notify supervisor Andrade that her October 23, 2017 letter should be withdrawn by a letter to claimant.Claimant does not live in California. The office that serves claimant
is located in Louisiana. Perhaps a Judge will force her to withdraw her letter
which fails to meet a preponderance of evidence requirement.Claimant now
makes a Request for Reconsideration Appeal by Case Review of the SSA "Important Information" letter dated October 23, 2017. To be performed by Social Security Robin , LA. Claimant does not agree with the determinations made for the reasons herein.BACKGROUND HISTORY:
The documents referenced here are available in claimants SSA file. If
not found claimant will furnish a copy. Claimant had stated in the March 2, 2017 request for Reconsideration that- The subjects on this claim is clouded by a possibility that a crime may have been committed in 2013 by Social Security in an attempt to deny disability money owed claimant The truth is, claimant thinks its appropriate if Hammond notified a SSA Fraud Attorney to file a complaint with the FBI office at Lake Havasu City Arizona FBI Office*****North Lake Havasu, AZ 86403(###) ###-####by using a online Internet Crime Complaint method because
there may be a high degree of facts that a crime was committed by SSA upon claimant.. One that is easy to prove. This Representative can assist in
identifying the many mistakes made by Judge James P. Nguyen, Sherry Smith and Andrade. A reminder. If you attempt to rob a bank and don't succeed you are still guilty of a felony. If you try to prevent a very disabled woman from obtaining money found to be hers and fail, you are still guilty of a felony. Claimant looks forward to proof in detail that the disability monies attempted to be stolen from claimant are without a doubt in her hand and that ALL the Social Security Income funds paid on the same months as a disability payment by SSA mistakes are to be considered as a SSA loss and returned to claimant in a lump sum..Claimant applied for disability in 2011
Answered in 1 day by:
12/17/2017
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 7 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 1,133
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 7 months ago

I am not sure what your relationship to the disabled person is, but if her spouse filed for her disability, and the SSA accepted it, there was nothing wrong that was done. The SSA does not perform a "background check" on every person who applies for SSI, even on behalf of a disabled person. If the gentleman in question was legally married to the disabled woman, SSA, by law, is allowed to rely on that information when processing the claim. The fact that he may be an alcoholic or gambler is not relevant to their decision. All that they are concerned with is if the person who will be receiving the benefit is truly disabled. It appears that the woman was, so SSA was within its rights to approve the claim.

The fact that the husband was not of good moral fiber is again immaterial. Many, many spouses file on behalf of disabled spouses, and take care of them, without any issues and without the need for any "background checks" or such. My own wife is fighting renal cell carcinoma, stage 4, and is considered disabled. I take care of her and there is absolutely no issue. I make sure she has everything she needs, and that her needs (medicine, treatments, etc) are met. That is a spouse's duty. Any loving spouse would do that. So the fact that this guy is neglecting his duties is not the norm, it is the exception.

Also, just to let you know in case this step is a direction you may want to take, you cannot sue SSA for this. In order to sue them you have to prove that they acted in a grossly negligent manner. You have to prove that a SSA agent not only acted in a negligent manner, but that they knew that their action was negligent and acted in this manner anyway. If they were doing their job, and relied on the husband/wife relationship, then they did not act in a negligent manner, so they can't be sued.

As far as getting the amount changed, that more than likely will not happen. The benefits are a fixed calculation. They do not change this unless there was an error made in the earnings history, or if there is someone else that the disabled person can claim benefits against.

I am truly sorry that this situation exists, but there is nothing that SSA did that is illegal or unethical. I wish you luck in getting this reconsidered.

I know that you will not like this answer, but it is the truth. I will opt out, so that someone else may answer.

Roger

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