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Overview of Disability

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Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

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Appealing a Social Security Disability Claim decision




 
In response to the post before this one (Social Security Disability Notice of Award Question), another comment was left and another issue raised. Here are the comments and the response that follows immediately after. (Note: for more information on appeals can be found at Social Security Disability appeals).

"I recently appealed my disability onset date after being approved at initial application (and review at the DQB); there is a six month time difference. I appealed because they did not request all of my medical records in making the initial determination (I supplied as many as I could, but it became very expensive!). On reconsideration, my onset date was changed at the local office but denied at the DQB and I'm now trying to decide if I should pursue it to the ALJ level as my disability case itself has now withstood what amounts to 4 reviews (initial approval, DQB, recon, DQB) and I'd just like them to look at the onset date. The other thing is that the letter I received after the most recent DQB review fails to recognize a key set of medical records that I'm not sure they considered. It is a difficult decision but affects medical insurance and is a significant amount of money."



When I first read your question, I almost had to wonder if the question was being posed by a disability attorney or a disability claimant. Simply because Social Security disability examiners and claims representatives are not really allowed to inform disability claimants of any decisions sent to disability quality review and disability claimants do not receive this kind of information in their decisional notices.

However, in response to your question, the choice to pursue an onset appeal is always in the hands of disability claimants and/or their disability representatives. It is impossible for me to advise you to pursue your onset appeal or to refrain from doing so. I can only say that every time an individual appeals an onset date they take the chance of having their disability claim decision reopened to a denial.

With regard to "key evidence", I would suggest that often disability claimants consider certain pieces of medical evidence as important indicators of their disability, when in actuality disability examiners and for that matter administrative law judges do not.

You did not state in your question if you actually provided Social Security with your key set of medical records. If you did, then disability quality review examiners most likely considered them in their determination. If you did not provide those records, I am not sure why you acquired other medical records and not those that you deem key to your disability onset.

Of course, a change of onset does make a difference in monetary benefit back pay and the date of Medicare entitlement. And as you stated in your question your disability claim has stood four other reviews.

The decision to pursue this to an administrative law judge has to be your decision, however you should consider this: your disability claim has never been reviewed by an administrative law judge. Even though you only wish them to consider the time frame between your alleged date of disability onset and their established date of onset, they are going to examine the entire disability claim when they make their disability decision.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

Appealing a Social Security Disability Claim decision
Average amount of time it takes for a disability decision
Will an SSI or Social Security Exam help with the Decision?
Social Security Disability SSI decisions criteria
How Long it takes for A Social Security Decision
Social Security Disability Appeal
Getting approved for disability based on being blind
Anxiety about a Social Security Disability medical exam
Can you get disability for OCD?
Can you get disability for Chronic fatigue and Fibromyalgia?
Is Chronic Fatigue considered a disability by Social Security?
Is an FCE the same thing as the RFC evaluation done by Social Security Disability?
How is memory loss considered by Social Security Disability?
Is Morbid Obesity Considered A Disability?
SSDI Request for Reconsideration
Social Security Disability Back Payment Lump Sum
Appealing a Social Security Disability Claim decision
SSI Reconsideration vs SSDI Disability Reconsideration



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

How to file for disability, filing tips
What to Prove to Qualify for Disability Benefits
Applying for disability benefits, SSI and SSDI
What Disabilities Qualify for SSI and Social Security Disability?
Will you get disability back pay?
Social Security Disability And SSI Qualifications
Permanent Disability Qualifications for SSD and SSI
Social Security Disability SSI status
Disability lawyer representation, finding lawyers
Who will qualify for disability and what qualifying is based on
Qualifications for Disability Benefits
Important points about filing for disability
How long does it take to get disability after applying?
Am I Eligible For Social Security Disability?
Who is eligible for SSI disability?
How to get disability in Florida