To start I will say my mother has borderline personality disorder. Roughly 18 years ago she had her SSDI benefits taken away as they said they no longer recognized her disability and that she shouldn't have been receiving them. Short story is they took her benefits and since then have been taking her tax returns yearly. As of this year I noticed that SSDI recognizes her disability. When they started recognizing it again I am not sure. I guess I want to know if she can get the benefits back? Is there a way for her to receive the "back pay" from the benefits that had been taken from her, also the money she has had to pay back? I was a dependent for 10 of those years that she had not received benefits not sure if that makes a difference.
Even though get disorder has been affecting her for some time she has not been treated for awhile so I have been working on getting her re-diagnosed. Something just doesn't seem right on the SSDI end and I feel there may be a case here. She does not have the means to afford an attorney and I am a college student not sure if there are any attorneys that do pro bono or only charge if the case is won.
It appears that your mom was charged with an overpayment which would not have happened for the reasons you cite. Overpayments usually happen when someone is working while receiving disability or receives SS during an appeal that is then lost. I suspect that too much time has passed to do much about this now and you will find it very difficult to obtain counsel for such a case. Perhaps a local law school (Stetson?) has a disability law clinic that can provide help.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Contact a SS attorney in your area - you can find one on this site. Your mother may qualify for SSI. The problem likely is that if she still owes money, and a new claim is filed and successful, SSA takes the money owed out of the back benefits she may get and SSI only goes back one year from application. SSA takes that first, even before attorney fees so that may be why an attorney is reluctant to take the case. Filing the application is crucial. You could always start that process yourself and then get an attorney after you get the first denial/appeal notice. You were right to try to re-start treatment as having a treatment record will be important, as will your mother's age, education and past work (last 15 years). If you can't find an attorney try your local free legal clinic. Good luck
I recommend you consult with an attorney. Most attorneys will only charge a fee if they are able to obtain benefits.
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