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.
Most popular topics on SSDRC.com
Social Security Disability in North Carolina
Common Mistakes to avoid after being denied for Disability
Tips to Prepare for Filing for Social Security Disability or SSI
Advice to Win SSD and SSI Benefit Claims
Social Security Disability SSI Questions
What is the difference between Social Security Disability and SSI?
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
What makes you eligible for Social Security Disability or SSI?
Will Work Cause You To Lose Your Disability Benefits?
How Old Do You Have To Be For Social Security Disability - Is There An Age Requirement?
How Long Can You Receive Social Security Disability Benefits?
Does Level of Education or Age Matter for Social Security Disability or SSI?
Social Security Disability, SSI and Being Over the Age of Fifty
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
If I am on Social Security Disability, can I lose my disability benefits at some point?
What is the fee for a disability lawyer if they win your case?
Process of a Disability Review