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  1. #1
    Join Date
    Dec 2013
    Posts
    1

    Default SSDI Back Pay Date and Dispute

    I first applied for social security in September 2006 and listed august 2006 as my disability date. I got denied the initial application and another in 2008. I applied again in 2011 this time using a lawyer and didn't get ah wearing with a judge until this August. In October I got a fully favorable decision with August 2006 being my onset date. Today I got my award letter and says my backpay will go back to March 2010 and not to August 2006 even though the judge said I had been disabled since 2006.

    I was wondering how to appeal that date and how to reopen the initial claim from 2006. Both initial denials was due to lack of medical evidence. Any advise would be very welcomed. I don't want to miss out on 3 years of payments when I applied as soon as I got disabled.

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,429

    Default Re: SSDI Back Pay Date and Dispute

    You appear to be stating that you filed a new claim instead of trying to reopen your prior claim. That makes some sense, given that a claim must normally be reopened within a year, with a maximum period of four years if you can show good cause -- new and material evidence showing that the earlier denial was a clearly in error -- which would be difficult to do if the fundamental issue was that you didn't adequately document your disability. Benefits would thus be premised upon your date of approved application, not upon the date you first applied. You can discuss with your lawyer whether or not that is the case and if so, whether under the facts of your case you might be able to get 12 months of retroactive benefits instead of six.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,973

    Default Re: SSDI Back Pay Date and Dispute

    If you open a new claim, you establish a new disability date. Some people do this to change the sedentary requirement burden they must meet. The government does not reward the effort.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

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