“image

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

Social Security Disability Notice of Award Question



 
"I used your RFC form to help my sister win her disability appeal at the reconsideration level. Thank you for posting this invaluable document on your website.

Her Notice of Award has a mistake in her date of eligibility. She was found disabled under SSA rules on April 2, 2014, but her eligibility date is listed as August 2015. Given the required five full-month waiting period, her eligibility date should be October 2014 (something the SSA folks agree with over the phone).

She has received back pay from August 2015, but I'm trying to get retroactive pay from October 2014 for her, too. Her local field office says the case was sent to the "payment center" almost two months ago, but I can't get more of an update than that. My question is: Does she need to file some kind of appeal paperwork for the error? I don't want to appeal the decision since it was favorable, but her 60-day window is approaching for filing an appeal if something like that is necessary.

Fixing the eligibility date is important because of the retroactive pay, but also because she would be eligible for Medicare sooner as well.

Any thoughts on how I should proceed?"


Without knowing the exact facts of your sister's disability claim and the decision it is hard to make a comment as to why her eligibility date is 08/2008, if she was actually found to be disabled under SSA rules as of 04/02/2007.

Most likely when you called the local Social Security office your call was answered by a service representative not a claims representative. Service representatives do not process disability claims, consequently it is likely that the service representative agreed if your sister was found disabled as of 04/02/2007 that she would actually be entitled 10/2007. The service representative may not have even looked at your sister's award letter or even her master beneficiary record when you called. Most likely they checked to see if the payment center was working on your sister's disability claim and that was it.

That being said, there is always a chance that any appeal of a disability onset date could result in a reopening of your sister's disability claim, and there is no guarantee that Social Security would find her disabled again. Social Security considers an onset appeal as another look at the total disability claim not just the period of 04/2007 - 08/2008 , therefore the decision to file an appeal of onset should be weighed out very carefully.

There is a chance that your sister's date of eligibility was not a mistake and that Social Security decided to approve her disability claim but decided to change her date of onset (the date she was found to be medically disabled to work).

Social Security can change an individual's allegation of disability onset, if they find there is not enough medical evidence to support their alleged date of onset. It does not appear your sister's date of filing had any affect on her back benefits by the information you have provided in this message, and that would be the only other thing that I can think of that might affect her month of eligibility. Social Security is only allowed to pay twelve months of retroactive disability benefit provided that an individual has actually been unable to perform substantial work activity for seventeen months (five full calendar months for the waiting period and twelve months back from the date of filing).

Without knowing the full details of your sister's claim, I would say that your sister had a change of onset to sometime in February/2008 thus giving her an entitlement date of 08/2008.

If your sister's eligibility date is truly an error, which I am not saying could not have happened, you should not need an appeal.

You should probably have your sister call her local Social Security office and ask to speak to the claims representative who handled her disability claim. The claims representative should be able to have the error corrected with a quick call to the payment center.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

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

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

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



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



New and featured pages on SSDRC.com

Who can help me file for disability?




Related pages:

How to file for disability in Alaska
Social Security Disability SSI complaints
Chronic pain undertreatment
Getting a different disability lawyer
How severe must your condition be to be awarded Social Security Disability or SSI?
Meniere's disease and filing for disability
Qualifying for disability and the sets of criteria
Why does Social Security deny so many disability cases?
What do you have to do to get disability?
Does Social Security Disability Come With Medicaid Benefits?
Applying for Disability or SSI - How long does it take
How to file for disability in Ohio
How to file for disability in Michigan
Maximum disability attorney fee
Filing for disability with repetitive stress



These pages provide answers to basic questions about pursuing disability benefits

My Social Security Disability SSI appeal status
Disability back pay, how it works
Eligibility criteria requirements for disability
Qualifying requirements for disability
Decision on disability case, are you eligible for a disability award
When is a Person Considered Disabled by Social Security?
Forms to appeal a Social Security Disability denial
Permanent disability benefits
How to qualify for disability with depression
If Social Security sends you to a psychiatrist
Disability denied twice
How to claim disability
How many times will Social Security deny you?
Applying for Disability with high blood pressure
Will my children get benefits if I get approved for disability?
How much time for a decision on a disability claim?
Can you work if you get an SSI disability check?
How to File for SSI
Filing for disability, how to apply for SSD, SSI
Social Security Disability SSI and Fibromyalgia
How to get disability
How to appeal a disability denial








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.