Legal Question in Social Security Law in California

Met with lawyer in early 2012. They took me on as a client at the initial level. Didn't hear anything for 4 months from SSA. Called SSA. SSA said that I had never applied for benefits. Got mad because the lawyer had essentially wasted 4 months of my life. Called the lawyer, left a voice mail explaining the situation, told them to forget it and not to file for me. Never heard back from lawyer. Thinking that the lawyer knew that I had abandoned the idea of trying to get SSI I decided that I would apply for unemployment and look for a job. Knew that I would just have to stop working at that job because of my disability but I still did it. Collected unemployment for a couple of months before finding job. Stopped working because of my disability in April 2013 and then all of a sudden I get a letter in the mail from social security asking for information about my case. What case?! Called lawyer I didn't know I had anymore and found out she submitted my application in May 2013. Lawyer claims SSA was claiming that they never received my information/application that I provided lawyer with in March 2012. My lawyer says not so because they sent it by certified mail. Well, apparently it took SSA and the lawyer from April 2012 - May 2013 to even start the disability process and I didn't even know that any of this was going on. I am worried because I am disabled but I had given up on SSI and tried to work again and also claimed UI Benefits where I marked that I was looking for a job all the while SSI stuff is happening in the background and nobody said anything to me. What is going to my now open case?

Asked on 9/19/13, 3:26 am

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

There is not much to worry about. Since you had stopped working due to disability in April and have applied in May there is no overlap. Even if there was, the SSA would make the adjustment. When asked about the employment history tell everything as it was and you'll be fine.

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Answered on 9/19/13, 6:56 am

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

In my opinion you should have no problem. Just explain everything to the SSA as you have here.

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Answered on 9/19/13, 9:08 am

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