How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
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.
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For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
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