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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

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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

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How Often Does Social Security Approve Disability The First Time You Apply?

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What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Filing a Social Security Disability SSI application

Filing for disability - when to file

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Qualifications for disability benefits

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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
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Is an FCE the same thing as the RFC evaluation done by Social Security Disability?
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SSDI Request for Reconsideration
Social Security Disability Back Payment Lump Sum
Appealing a Social Security Disability Claim decision
SSI Reconsideration vs SSDI Disability Reconsideration



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








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.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.