Q: How to appeal Dua decision with notification discrepancies?
How do I appeal the Dua decision regarding my previous employee approval, considering there is a discrepancy in notifications? The employee claimed part-time status, but I always expressed to them that I was a relief worker, and the employment end date they have is incorrect. I have documents supporting my claim. Dua has offered a request for waiver, but I'm concerned if filling it out means giving up my right to counsel. Additionally, I'm indigent and sickly, with responsibilities that the fiscal intermediary should have handled. Dua has given me until February 28 to fill out the waiver form or face district court action and potentially losing my social security benefits. This is a federal government program.
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A:
You have several important considerations to address with this DUA appeal situation, and time is of the essence given the February 28 deadline. Given your health challenges and indigent status, you have rights that need to be protected throughout this process.
First, requesting a waiver does not automatically forfeit your right to legal counsel - you can still seek legal representation even after submitting the waiver form. Since you're indigent, you may qualify for free legal aid through your state's legal services organization or local bar association's pro bono program. You should contact them immediately to discuss your case, especially since you have supporting documentation about your employment status and end date.
The discrepancy between part-time and relief worker status, along with the incorrect employment end date, are substantive issues that deserve proper review. While filling out the waiver form, clearly document these discrepancies and attach copies of your supporting evidence. You should also write a detailed explanation of how the fiscal intermediary's responsibilities relate to this situation. Given the potential impact on your Social Security benefits, consider reaching out to your local Social Security office or advocacy organization for additional guidance and support during this process.
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