Welcome to Dayton Ombudsman
The Ombudsman Office investigates complaints about government agencies and services for residents of Montgomery County. We also have a wealth of knowledge about government programs which can assist our neighbors. The Long-Term Care Ombudsman program investigates complaints about the care provided in nursing homes, adult care facilities, group homes, and in-home care services. We welcome your questions, inquiries and complaints!
The Ombudsman Column
"Ombudsman assists caller with Social Security question" - April 10, 2025
This week the Ombudsman received a complaint from a man expecting funds from the removal of the Federal Windfall Elimination Provision (WEP). The WEP reduced benefits for individuals who receive a pension based on employment that was not subject to Social Security payroll tax. The Social Security Fairness Act went into effect Feb. 25. This means that by Feb. 25, individuals whose Social Security benefits were previously impacted by the provision of WEP will begin to receive retroactive benefit payments. Show More... This impacts many public sector workers. The Social Security Administration reports that over a million people have already received retroactive benefits. Going forward, those individuals will receive their full monthly Social Security benefits.
Our caller reported that many of his relatives and friends have already received repayments, but he has not. He retired from local municipal service, currently is receiving a pension from the Ohio Public Employees Retirement System (OPERS), and Social Security benefits after paying into that system for over 20 years.
The Ombudsman contacted the Social Security Administration about the man’s questions. The staff person explained that telephone calls are returned, but in many cases, people do not answer calls from unsolicited numbers. The Social Security office outgoing lines may not be identified on caller ID as SSA or government, which would encourage people to answer the calls. The agency staff attempt several calls a day for several days, and then, due to heavy workload and shrinking staff, must move on.
The national teleservice center for the SSA at 800-772-1213 is the better option for this type of inquiry because they have a much larger telephone system t Our caller was advised to contact the national teleservice center and invited to call back with the outcome. The man received the timeline for receipt of his benefits and was grateful to have received direction that led to a positive outcome to his concerns....Show Less
"Man gets help ending child support order after death of kids’ mother" - March 11, 2025
The Ombudsman received a call from a man trying to terminate his child support order. The child support order is from another county in Ohio. Because the man and his children now reside in Montgomery County, the Ombudsman agreed to take the case. Show More...The mother of the children died five months ago in the other county, and now the man has custody of his children. He had delivered a death certificate to the child support agency and had waited for the support order to be stopped. Five months later, the support was still being withheld by his employer.
The Ombudsman contacted the Child Support Enforcement Agency and learned that the death certificate the man had brought them was not certified. Since a certified death certificate is required, no action had been taken to stop the court order. Since the mother’s death, the money received from the withholding by the man’s employer was being held by the Agency. The Ombudsman instructed the man to obtain a certified death certificate and take it to the Agency. The man promptly delivered the certified death certificate, and it was forwarded to the court for processing. In the meantime, the man received a notice from the IRS that his tax return would be intercepted to pay child support. He was also worried that if he were listed as in default, he might have his driver’s license suspended.
A staff person at the Child Support Enforcement Agency was contacted and the default status was corrected because the certified birth certificate had been received. After receipt of the certified death certificate, the paperwork was processed at the court to stop the order, and the employer was notified so that withholding from the father’s pay could be stopped. A copy was also sent to the Child Support Enforcement Agency so that the money in holding could be released. Later the man received the money that was in holding with the Agency and was relieved and glad that his problems with the agency were now resolved....Show Less
"Citizens appreciate getting some help with PIPP process" - November 9, 2023
The Ombudsman received a complaint from a woman about her recertification for the Percentage of Income Plan (PIPP) through the Miami Valley Community Action Partnership. She reported having submitted her documents to recertify for the program three times and she emailed the Ombudsman the documents she had submitted to the agency. Show More...Nonetheless, her PIPP subsidy was canceled, and her utilities are in arrears over $700. She asked the Ombudsman to assist.
The Ombudsman contacted the agency on the woman’s behalf, explained her report and shared the documents the woman had sent with the agency. The agency responded that the woman’s application has been processed, and that the staff person at the agency would contact the woman to inform her of the application status. The Ombudsman contacted the woman and she reported that she did receive a telephone call from the staff person at the Miami Valley Community Action Partnership informing her that the application was processed and apologizing for the inconvenience.
The woman thanked the Ombudsman for the resolution and for her professional services.
A veteran also contacted the Ombudsman Office about the delay in processing his application for PIPP. He submitted his award letter from the Social Security Administration to the agency over two months ago. The man had been notified that he was about to receive a shut off notice for his utilities. He requested that the Ombudsman find out what is taking so long. The Ombudsman learned that the man’s application was in the queue. The next day the Ombudsman received a call from the man. The man informed the Ombudsman he received a call that his application had been processed. He thanked the Ombudsman for helping him. ...Show Less
"Catch-22 situation with medical records is quickly solved" - September 7, 2023
A woman contacted the Ombudsman for help obtaining copies of medical records. The woman had been granted Social Security Disability based on medical reports obtained from physicians and submitted to the Social Security Administration (SSA). The woman had been directed by the physicians to contact the SSA for copies of the reports. When the woman contacted the Social Security Administration, she was told to contact the physicians. The woman felt caught in a catch-22 situation and contacted the Ombudsman for assistance. Show More...
The Ombudsman contacted the SSA concerning the woman’s request. Staff at the agency reported a high volume of citizen requests and agreed to send the woman a CD of her electronic records. The CDs are provided rather than paper copies when the citizen’s folder with the agency is completely electronic, as in the case of this woman. The woman later called to report that she had received a CD from the SSA. The CD contained a great deal of information, but not the medical reports she was seeking.
The Ombudsman is familiar with the agency CDs and believed the CD to be complete. The Ombudsman instructed the woman on how to check the CD for further information. The woman called later to report that a friend had been able to open the medical reports on his computer, and that now the woman had all the information she had been seeking and was satisfied.
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"Post-surgery ‘cut-letter’ prompts strong response" - August 11, 2023
The Ombudsman’s office was recently contacted by an individual who was completing physical therapy at a local nursing home after undergoing hip replacement surgery. The nursing home resident was upset because they had just been given a letter from Medicare that stated Medicare would no longer pay for the nursing home and physical therapy. The letter went on to explain the resident would be required to return home in three days. Medicare stated in the letter they had been reviewing the resident’s medical records on a weekly basis and determined the resident was no longer making progress in physical therapy and would be required to return home. Show More... The Ombudsman explained to the resident that Medicare monitors each person’s progress while at the nursing home to make certain they are progressing in their treatment. If the resident is not progressing, Medicare typically sends the resident a “cut-letter,” which informs the person they will need to leave the nursing home in three days because they are not progressing in their treatment. The letter further states the resident will be required to personally pay any bill accumulated after the three-day period.
The Ombudsman asked the resident if the letter discussed “appeal rights.” The resident found a portion of the letter explaining the appeal rights each person has who receives a “cut-letter.” The Ombudsman went on to explain how the resident could appeal the “cut-letter” by calling a phone number provided in the letter and stating they wanted to appeal the letter they just received while at the nursing home. The Ombudsman further informed the resident they would have an opportunity to explain to the individual on the phone why they believed they were still benefiting and improving from their treatment (physical therapy). The Ombudsman suggested the resident write down specific treatment goals they had not yet achieved but believed would be achieved with additional treatment (physical therapy). The Ombudsman explained to the resident they could, during the call, explain the treatment goals and the desire to make those goals a reality with further treatment.
The Ombudsman finally explained to the resident they would not have to pay for any additional time spent in the nursing home as a direct result of the appeal. The Ombudsman explained that Medicare would issue a written decision, usually within 48 hours, and a new discharge date would be indicated in the decision. However, the resident was informed any further appeals may result in the resident being personally responsible for the cost of the nursing home beyond the date identified in Medicare’s decision. The resident did call and appeal the cut-letter issued by Medicare. The resident made the arguments discussed with the Ombudsman as to how they are still improving and would benefit from additional treatment. The next day, one of the medical professionals hired by Medicare to review the appeal issued a decision and agreed the resident would benefit from additional treatment (physical therapy). The decision further stated the matter would be reviewed again for 14 days and the resident would remain at the nursing home. The nursing home resident thanked the Ombudsman for their help and stated were excited to continue with physical therapy in the nursing home. ...Show Less
Recent Comments on our Column Posts
You do such great work for the residents of the Dayton area. Thank you for all you do.
I read your column with interest. You may be aware of the terrible amount of imposter scams. I often hear scam presentations where people are told Medicare and Social Security will not call them. That is not an absolute statement, as you know. But this incident described in your article reminds me of several recent situations where I have heard presenters tell folks at senior centers that.
This older adult from your article did the right thing being suspicious of the calls, especially with the uptick in scams based on current events. But unfortunately this was one of the situations where the SSA will actually call people. I am very glad you were there to step in and help him. Thanks again for the great work you do!
-from a Dayton area resident
THE OMBUDSMAN column, a production of the Joint Office of Citizens’ Complaints, summarizes selected problems that citizens have had with government and social services, utilities, schools and nursing homes in the Dayton area. Contact the Ombudsman by writing to 11 W. Monument Ave., Suite 606, Dayton 45402, or call 937-223-4613, or send email to ombudsman@dayton-ombudsman.org
