I once received disability benefits as a disabled adult child and have now become disabled as an adult
I am in hopes that you can possibly lead me in the right direction.
Although I am not receiving any financial benefits at this time due to working full time, I am still classified as disabled by SSA and they continue to provide me with a secondary medical insurance. SSA has my onset date of being disabled as 5 months after my 22nd birthday. My Mother insists that my SSI application was done before the age of 22 and before my Father passed he agreed. Unfortunately, I never kept any of my records to argue this with the SSA.
I am a now facing the possibility of having to leave work and go back on disability. I am under the impression that I would benefit more if I was determined a Dependent Adult Child so I could go under my deceased fathers record and not my own?
Would it be possible for you to explain this to me and give me suggestions on how I can get SSA to go back in the files to look at why they have this as an onset date?
Thank you for your time and for creating such a great website!
I do not think there is anyway to change the onset date of your disability. When you filed your disability claim, Social Security reviewed all the medical evidence available and they were not able to find that you were disabled prior to the age of twenty-two. You did not appeal your disability onset at that time. Once you are sixty-five days past any Social Security decision, there are no appeal rights.
However, your current work activity may increase your disability benefit. Social Security Disability benefit amounts are based upon earnings. When new earnings are added Social Security reviews them to determine if they increase your disability benefit amount.
If your disability has been terminated due to work activity, you may have to chose between a expedited reinstatement of disability benefits or a new disability claim.
If you chose the expedited reinstatement, they pay you six months of provisional disability payments while they send your case back for a disability determination. If you chose the expedited reinstatement, your benefit amount will not receive a re-computation; therefore it will be the same amount you were receiving.
If you file a new disability claim, you will receive the benefit of your earnings but you take the chance of being denied for disability benefits. If you are just in suspense for work activity, you can contact Social Security and they will be able to start your benefits as if you never stopped receiving them.
I am sorry that I have no suggestions as to how you can get Social Security to go back and review your previous disability determination. I do hope your work has increased your disability benefit amount if you have to go back on disability.
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.
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