Can you appeal a disability back pay decision?

Can you appeal a disability back pay decision?

Topic: Back pay

Question: Can you appeal a disability back pay decision?

So, if you get approved for disability but are unhappy about the amount of backpay that Social Security says you will be receiving, can you file an appeal for that? Well, the amount of disability back pay that is calcuated is pretty much out of your hands. That said...

Yes, you can appeal your onset and perhaps get more back pay. What is onset? Onset is when the Social Security Administration decided you were eligible to receive benefits based on having satisfied or passed the SSA definition of disability. Which essentially says that your condition must have lasted or will last a year and is severe enough to keep you from working and earning a substantial and gainful income at one of the jobs you've done before, or at some other job that your education, skills, current capacity (mental or physical), and age do not rule out.

Note: age is a factor in disability decisions.

This (appealing your onset) would be true, however, only if you were receiving Social Security Disability, a.k.a. SSDI, a.k.a. SSD. If you receive SSI, your protected date of filing determines the back payment not the you became disabled.

If you are receiving Social Security Disability based on your earnings, you are able to appeal as I stated earlier. However, an onset appeal technically opens the entire disability claim for another decision. It could be determined by another judge that you are not disabled.

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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