I have been disabled since December, 2013 and was just approved for disability. The date ssd pulled out of a hat for 'DoD' is June 1, 2015. I've got proof of my disability starting December, 2013 and have that on my application and all paperwork. The explanation I got in the letter was that they think I could have worked up to June 1, 2015 but not before. Nothing happened on my end to change anything in May and I was no better and no worse June 1st than May 31st. I want to know if it's a bad idea to challenge the 'DoD'? I know that my awarded approval benefits would be delayed, or even jeopardised, during the appeal, but by the time I receive my first benefit payment, I will have had no income for 2 years. I feel that I have solid justification for a much earlier 'DoD'.
Thank you
Often times a person can be found disabled at a later onset date even if they didn't feel any worse. This can happen as they age because the rules are different and more lenient for older claimants. Other reasons can be based on medical evidence that revealed the severity of a condition not previously seen before. If you appeal the onset date you risk being found not disabled. If you don't appeal you lose the potential back pay, but at least you'll receive ongoing benefits. You can speak to some good local attorneys to see if you have a strong case for getting an earlier onset date. Keep in mind that you also have more to lose than the attorney does.
Brian J GilletteSocial Security LawyersWilliamsburg, VA ·
Mr. Pham has given you good advice. If you appeal, you can receive a less favorable (or unfavorable) decision. Is June 1, 2015 within 6 months of your 50th or 55th birthday. As mentioned before, the rules change as you get older. We can't give you a solid recommendation without reviewing your claim file including your medical records.
As usual I agree with Mr. Pham and Mr. Gillette. While it is possible to appeal this decision and seek an earlier onset you need to tread cautiously. If you are serious in your desire to seek an earlier onset date you should have a detailed conversation with a very good local attorney who can analyse the claim in its entirety.
Alexander O BentsenSocial Security LawyersStaten Island, NY ·
It really depends on the facts and medical records in your case. Also, the date you actually applied has a big impact on your eligibility for retro benefits. As does when you began treatment. it is possible you were disabled but cannot go as far back as you were disabled because of the filing date or dates you started getting tests and treatments. Some of the biggest lump sums I have ever gotten for clients were appeals of the onset date (where previous cases were reopened). However, most of the worst cases I ever had to handle were appeals essentially automatically filed by the big company I worked for. These were literally a waste of everyone's time and the clients were also very angry that either they were led on that they could win more or they were angry that the company was gambling with their benefits for a chance at a second fee in the same case. It was all damage control. If there was a real error or something big that was missed, which happens more than most people think--you can get the retroactive award you think you are entitled to. I would not advise you to do this without an attorney. A good attorney will be able to tell you if you have a case--the bad ones probably wouldn't even consider getting into a case to appeal the onset date.
