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My 6 year old has been denied twice and approved twice.

My son was deemed disabled about 5 years ago, due to multiple birth defects. He was initially denied and I had to get a lawyer and go to court. Court was very brief, we won and I have been receiving SSI on his behalf since then. A review came up about 3 months ago i filled the forms out and he was denied SSI again.

I asked for an appeal/hearing. I was sent the packet and I went to the same lawyer I had previously. After talking with him I went to my local social security office and told them about the issue and they had me fill out the same review form I had already sent in and said I didn't need to worry about the packet?.

Now two months after they stopped his check, I have received a letter saying that he has been deemed still disabled and I will not need a hearing but that I can still have one if I want... Here's my question. Will we receive the two checks that were with held? We received no check in May or this month. The letter sent didn't actually mention when or if his check would resume. It didn't mention if or when we would receive anything.

I assumed it would resume as usual and that he would get the back pay since they did say he was still disabled and that I didn't need a hearing. Can someone please clear up how this works for me? I feel some kind of way about this whole thing. Having to get a lawyer and pay him part of my son's money to get something that he should have been able to get without going to court AND without giving up part of his money.

Then having the same type of situation again and seemingly only avoiding court and being able to continue his check because I made the local office aware that I was in contact with my lawyer. Seems like they will try and discontinue a clearly disabled person's check if they don't think said person will fight it?

I have had to borrow money just to get by. I have been scurrying around trying to figure out how im going to work and take care of my disabled son and my disabled grandparents because my child would no longer get this check. Some peace of mind would be great right now. Thanks.

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It would be best to continue working with your local Social Security office for this.

Assuming your child's condition was constant (i.e., his disability didn't completely "disappear" for the months in question) I would say that you would receive back pay for the two months he was said to be "ineligible".

In SSI back pay situations, if the back payment is large, the back pay can be broken up into three parts. However, since your back payments amount to only two months (so far), you should likely receive the back pay in one payment.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1651

It may be possible for you to track your case's status with this web application :

https://secure.ssa.gov/apps6z/IAPS/applicationStatus


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