IF YOU GET APPROVED FOR DISABILITY, BE CAREFUL ABOUT APPEALING THE ONSET DATE



If I get approved for disability on the second application can I have the onset date of my disability changed?



 
If I get approved for disability on the second full application, is it possible to amend the onset date prior to the first judicial disapproval date (no appeal, but applied second time, three months after disapproval date).

Example: Judicial denial on June 1, 2013 w/onset date April 2011. no appeal but waited to re-apply in September, 2013; after twelve months the following Sept 2014, was approved.

Can I receive back pay, prior to the original denial date, June 1, 2013, with an amended on set date of October 2011 (first date under current neurosurgeon's care until present, 2014, w/ letter proving disability from October 2011 to the present and at least twelve to 18 months to come in the future)?




If you file an onset appeal you may open the door to a denial of disability benefits. When you appeal an onset date, it gives another examiner the chance to review your entire case and if they determine you are not disabled you will lose your disability benefits.



Disability examiners cannot reopen an ALJ decision so the appeal would have to go before another judge and again they may determine you are not disabled. Additionally, the fact that you were under a neurosurgeon's care as of 10/2011 definitely does not guarantee that Social Security would consider you disabled at that point.

A lot of factors go into a disability determination, age, education, previous work, etc. You may have just aged into an allowance for disability benefits, meaning at your current age they were able to use more favorable vocational guidelines for an approval for disability benefits. So really it's up to you whether or not you want to take the chance of losing your disability benefits.

I hope this helps.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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