| Author |
Message |
    
worried
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, September 15, 2003 - 7:55 pm: | 
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In december 2002 I called in for an ssdi interview, and was told that
december would be my protected filing date if I had my interview within
6 months.I received a protected filing date in writing and still have
it. I had my interview/turned in my application in may 2003. I applied
for a disability which began in march 2001. I have been awarded
disability benefits, but the award letter said I filed in may 2003, not
including the 5 months from my protected filing date. I went to the
local social security office and they said they have no record of my
protected filing date and I need to file a request for reconsideration.
I am hesitant because in the award letter it states "we may also review
those parts which you believe are correct and may make them unfavorable
or less favorable to you" I am afraid that they will review my case and
cancel my benefits if I submit an appeal. is this possible or very
unlikely? should I submit my request for reconsideration with my
protected date letter, or is there another alternative not requiring an
appeal? is there a way to talk to someone that could do something at
the local social security office? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, February 29, 2004 - 5:42 pm: |
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Dear Worried: If you are not happy about the onset date that the
Administration picks for you, you are free to appeal that decision,
but, as the notice says, if you appeal, the entire decision is up for
review.
So, should you file an appeal? That is a tough
question. When it comes up in my practice, I always sit down with the
file and the client and go through it carefully with him or her. If the
case will be heard by the generous judges in Greenville and all the
doctors are saying just the right thing, I suggest an appeal, and let
the client make the final decision. If the case will be heard by the
not so generous judges in Columbia and there are doctors that say the
claimant is not disabled, I recommend we not appeal and let the client
make the final decision. Whether or not to appeal a case like that is
sometimes a difficult decision. If I were you I would not make such a
decision without sitting down first with the file and an attorney. Take
care and good luck. |
linda bloomberg
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, December 12, 2004 - 7:07 pm: |
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disability
specialist said i was approved but then file went to quality control
and they dont agree with the onset date is this going to change the
approval or just the amount of back pay aslo my onset date is oct, 2001
i applied aug 2004 the jobs between there where just attempt then never
made substantial earning
help dont know what to think |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 943
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 31, 2004 - 6:30 am: |
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As
an educated guess, I would say that the onset date is all that will
change. Be sure to consider appealing the partially favorable decision.
There are advantages and disadvantages to doing this: If you appeal,
the entire case is on appeal, and the judge at the next level can cut
you off. But if you don't appeal, Medicare or Medicaid start later, and
you don't get as much back time. The question of whether a particular
person should appeal a particular case is a hard one to answer, and I
would never try to say without looking at all of the medical records. |
Ric Rose (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 07, 2005 - 7:01 pm: |
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I
received a decision from Social Security that found me disabled, the
date of disability is a year and a half after I think I was disabled
from working. If I appeal, will I get my monthly disability check and
still get the past-due benefits (based upon the date Social Security
found me disabled)during the time I wait for the hearing? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1078
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 24, 2005 - 6:53 am: |
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Ric: The short answer is, "yes."
But
you should be aware of this risk: If you appeal the case, the question
of current disablity is also on appeal, and if the judge decides that
you are not disabled, he can cut you off.
I appeal partially favorable decisions where the case is very strong and where we would go before a safe judge.
There
are some cases that are close, and even in clear cases, some judges are
dangerous, and in those situations I would never let my client appeal.
I
would suggest you not appeal unless you first talk to an attorney who
is very familiar with the judge before whom you would be appearing. |
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