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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 to get a better onset date can be risky



 
My husband was granted monthly disability income beginning 5 months following his 50th birthday. He was denied a lump sum, although his disability began several years before his birthday. The disability letter stated his disability began that day.

The letter did say we could file an appeal, but the attorney did not recommend filing a claim, as he said my husband could lose the monthly benefit awarded.

Any advice would be appreciated. He has not been able to work for almost 5 years and was working long after he should have stopped.

Thank you




My guess would be that your attorney is absolutely correct in advising you not to appeal the date of onset for your husband's disability. Social Security Disability vocational guidelines are based upon age, education, vocational background etc.

At the age of 50. the vocational guidelines are more favorable than at age 49. For your attorney to advise against pursing an earlier onset, they must feel that your husband would not be approved for disability benefits if the decision is based upon the ages of 45-49.

While it is not common, a Social Security ALJ can overturn an approval for Social Security Disability benefits should they be requested to review the case on the basis of an earlier onset of disability. If they determine that he was not disabled at that time, they may feel he is not disabled at 50. It is a chance, every disability beneficiary takes if they file an appeal for an earlier date of disability.

For Social Security, it does not really matter that he worked long after he should have stopped working or that he has not worked for five years. It is strictly an evaluation of your husband's disabling condition and when the vocational rules and medical evidence support a finding of disabled. And in your husband's case, it was his 50th birthday. Then, of course, there is the five month waiting period all Social Security Disability beneficiaries have.









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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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