Jan
13
2011
By Guest (not verified)
Hello,
I filed a request for reconsideration and received a partially favorable decision. I then filed an appeal, because I feel the decision should have been fully favorable. Can you tell me how long it usually takes to receive a response, and a hearing, following the filing of an appeal?
Also, my case concerns survivor benefits, and I'm having a difficult time hiring a social security attorney. I've spoken with several attorneys that deal with social security law who are not interested in a case concerning survivor benefits, only disability.
Thank you for your time!
Appealing survivor benefits
In my experience, appeals regarding survivor benefits are rare relative to appeals for disability claims. I imagine the only issues to appeal are amount of benefit payment and cases where paternity can not be proven easily.
I'm unfamiliar with attorneys who deal in this area. Sorry.
Survivor benefits
I am 55 and on disability. I had called social security at 50 and questioned about survivors benefit. Was told my own he higher than my husbands. So keep it the same. I recently saw a local program on tv that was explaining benefits. I called social security again and asked same question, again I was told mine is higher. I questioned that sneer and said why, my husband made more money than me ( he was deceased since I was 47 yrs old ) at that point she made an appointment for my local office to call me. The fact is that I can receive partal payment from him as well as my own disability. They will only go back 12 months. That's just wrong. They should go back 5 years. I have credible witness to what I was told 5 years ago .Why are they giving incorrect info to people. Can I appeal. It's only additional 235.00 a month. But that's my husbands money he never received. Thank you
Appealing survivor benefit rate decision
Here is some information on the Social Security appeals process. However, it states :
If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter. We assume you receive the letter five days after the date on the letter, unless you can show us you received it later.
http://www.ssa.gov/pubs/10041.html