Anyone ever appeal a Social Security decision???

[targetsmom]

About a week after getting a letter telling me how much my spousal SS benefit would be and when my checks would arrive, I got another letter telling me my claim was denied. I have been on the phone trying to get this straightened out but even the folks on the other end are confused and don't seem to know what is going on. One person said it was because I had a claim pending (on my own record) but I also have a letter saying they approved my withdrawing that claim, In case this doesn't magically get fixed (HA!!) I will probably need to file an appeal. Since I am not even sure what the problem is, I have no idea where or how to start. If anyone has done this - especially with some degree of success - I would appreciate any tips. At least we "think" my husband will start getting checks next month.

 

[MountainWoman]

I can't give you tips unfortunately but I did have a friend who had this happen to her (not exactly the same but a problem with benefits) and they had to hire an attorney and it took a couple of years to fix. I think the best place to start is to gather up all your paperwork and go in to your local office and make an appointment to see a supervisor.

 

[targetsmom]

Thanks for the tip but I think the local office is where it got messed up! I would hate to think it would take 2 years to fix. Someone else told me they had to hire an attorney, which just seems so unfair to me. I don't think I did anything wrong - it looks like either someone else applied in my name or the SS office messed up.

 

[MountainWoman]

It is unfair to have to hire an attorney and pay money to fix a snafu. I hope you get it straightened out.

 

[targetsmom]

This is just so frustrating and I hope others will take this as a huge warning: Just because I worked for 40 years - and am still working - and paying into Social Security all that time, if I don't get this mess straightened out it looks like I might never collect a dime!!! I am not talking about disability - this is plain old ordinary Social Security!!! Right now I am trying to collect spousal SS because my husband is about to get his first check, but to do that I had to withdraw (temporarily I thought!!) my claim for my own benefits. But they are denying my claim for spousal benefits because it seems I still have a claim pending under my record.

 

[Danielle_E.]

If I were you I would do an initial consult with a lawyer to see if you can fix this yourself. It almost sounds like what you thought was a temporary withdrawal of your own benefits has not been processed yet and that is what is causing the block but you need to make sure that it is in fact only temporary!

 

[Bess Kelly]

I believe you cannot begin your own claim (on your own pay-ins) and THEN ask to have it increased when the spouse claims....assuming the spouse last filing were to get a larger amount.

Personal experience.......my 2nd husband had not begun his own SS claim. His wife was 1 yr older and began hers first at rate she had paid into, etc. She could get no $$ added onto hers as he had not begun collecting (although it would have made a huge difference). She tried to increase when he began claim about 1.5 yrs later. No go. She had started first. She was able to get a large increase after his death, however. Neither claim was for disability.

This may be your case......regardless of ages, as you can hold off collecting, One who is to get less needs to claim after higher earner.

 

[targetsmom]

Thanks - this is all helpful! But Bess, I don't think that is our issue because my husband applied first (even though he is younger) and my spousal share is less than what I would get if I applied now. But it could be some other technicality like that, that is not obvious at all.

 

[HGFarm]

I would walk COPIES of the letter showing you withdrew your claim back into the office and tell them to check again. Yes, you can appeal it yourself. That is one system that is the slowest and most ridiculous mess to get anything done. The reason I would walk a copy of the letter back in there and talk to someone is that they can make notes right there while you are talking and they can pull stuff up and LOOK. Not just you an anonymous letter from somewhere 'out there'..... It seems to expidite things a little better.