| Author |
Message |
    
Toby Perry
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, September 20, 2002 - 2:59 pm: | 
|
Our daughter has a terminal illness and has been approved for SSI. She has had illness since birth,is the entitlement backdated to birth or just diagnosis????? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, October 04, 2002 - 5:56 am: |
|
For SSI, you get benefits from the later of two dates: the date of application or the date of disability. The date of disability for your daughter would be her date of birth, if you can prove she was disabled then. The date of diagnosis is irrelevant. There is a different rule for Social Security Disability, which would not apply to your daughter's case. Take care. |
Sam
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, October 25, 2003 - 1:58 pm: |
|
hey paul this is sam again.the good news is that they approved my disability. my question is what month will they use for starting month of disability for my 2 year waiting period for medicare. the month that they say that the 5 month waiting period started or the month that my first check started,thanks for all your help,sam |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 02, 2003 - 5:21 am: |
|
You get Medicare two years after the month in which the Administration admits you should have gotten your first check. Once you have been approved, here is how to figure that month:
When you get approved, you will get 3 things in the mail. A large check, your first monthly check, and a notice explaining how much money you are supposed to get. That notice will list the months that you should have gotten checks for. Find the earliest month listed. Add two years. That will be the date Medicare starts. |
shun smith
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 23, 2004 - 7:34 pm: |
|
i was approved for period of diasbility, ssi, dib
i beginning being diasbiity in 6/21/2002 and i was just approved dec 9,2004 so will i get backpay for 1or 2 year |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 946
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 31, 2004 - 6:59 am: |
|
That depends on when they say you became disabled. If they say you became disabled yesterday, you will get no back pay. If they say you became disabled on 6/2002, and you applied that same day, you will draw from that date for SSI, and from 6 months after that date for DIB.
You can generally draw from the date you apply, or the the Administration says you became disabled, whichever is later, for SSI.
You can generally draw from a year before the date you apply, or 6 months after the day you become disabled, for DIB.
Sorry its so complicated. |
Becky Cadwell
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, March 13, 2003 - 2:22 pm: |
|
I have just been re-approved for SSDI and recieved my first payment for Febuary. I became disabled in Dec. of 90 and in Oct. of 94 I started working again. My Trial Work Period would have ended in June of 94 and my Extended Period of Eligibility would have gone from July 95 to June of 98. According to information that I have seen on the SSA.Gov website, I had another 60 months after my extended period of eligibility where I could repquest reinstatement of benefits and should have started receiving benefits right away instead of waiting another 6 months to start SSDI. I applied for benefits in Dec of 2002. Why didn't SSA pick up on this and start my benefits right away while they were deciding my case? Is there anyway I can still get the benefits due me for December and January? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, March 20, 2003 - 5:42 am: |
|
You are correct in the outline of the law that you have given, but it leaves out some things. While eligibility continues, the process for getting declared disabled is just as slow the second time. So, as a practical matter, the extended period of eligibility rules just mean that you often, but not always, get more back time. I realize that is not how it looks on paper.
A separate question is whether you have been disabled all of that time. If you have not, then you don't get the benefit of that program. It is hard to know for sure without reading the papers you have gotten, but my guess is that they have found that you have not been disabled during the mean time. To correct this, you must appeal what would be a partially favorable decision. You only have a limited time to do this, and must act quickly.
A third and separate question is how far back before your most recent application you can draw. Generally, in Social Security disability claims, you can only get benefits for a year before your application. So you would not be able to get benefits for any month before December of 2001, unless you had an earlier application that might be re-opened.
You must be aware that if you appeal, the entire case, including the issue of current disability, is on appeal. So you must be very careful in your decision to appeal this, or any partially favorable decision.
SSI has a related program that works very well. If you have income that causes you to be too rich for SSI, your check stops, but if your income drops within a year, they have to put you right back on, without an inquiry about whether you are disabled. The difference is, in a case like yours, they are entitled to inquire into your current disability - which they do just as slowly as in an initial claim.
Sorry this is so complicated. I don't feel like I explained it very well. Here's the shorter version: Sit down with an attorney, within 60 days of your award, if possible. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 06, 2005 - 2:55 pm: |
|
i applied for ssd 2002. i was denied two times even went to hearing by myself. got attorney, had to reapply , was told lost my benefits for disability, then reapplied for ssi as i was instructed by attorney. need to know if approved this time , how far back do they go back? they said they would use the date of my disability which was march 12, 2001. i reapplied nov. 1, 2005. i have bulging discs pressing nerves in neck with degenerate arthritis with spurs, same in shoulders, severe carpal tunnel, all right side pain & numbness from neck, asthma, right hand & arm pain & numbness & weakness from surgurys. thank you if anyone might think i have chance this time, & i am going on 53. |
Isabel
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 11, 2002 - 8:33 pm: |
|
Hello and I'm very happy to have discovered this board and glad I'm not the only person with so many questions, lol. I have been reading this board for hours now and felt inclined to post. I have so many unanswered questions regarding Social Security Disability, I hope you won't mind my jumping right in, any input, advice, answers will be greatly appreciated.
I'll start at the beginning, I'm sorry if I ramble. I'm a 39 year old, single, female residing in St. Louis. I have always worked all my life until I had my first panic attack in June of 1996. I was so terrified I didn't leave my home for 7 months after that. I finally decided to try to get well and started seeing a psychiatrist. I've been on loads of meds and finally applied for disability for the first time in 1997, when I moved back home with my parents in North Carolina. I was devastated when I was declined, SSI said they felt I could work part time. So, I decided to try to go back to work. I had two jobs within the next 5 months, but was let go from both because of constant panic attacks. My parents didn't understand what was wrong with me and kept telling me to "snap out of it" so things were quite tense. I decided to move from home since I wasn't getting any better. I then relocated to St. Louis, where I am now. I immediately found another doctor who put me on Paxil, which has helped SO much. But since then I have become agoraphobic and never venture out of my house. Anyhow, I reapplied for disability in July of 1998, 3 months later, I was declined again and devastated. I felt I couldn't deal with the appeal process, plus I just didn't understand it. So, I continued to live off my savings and selling personal belongings to live. I decided to try one last time for disability and also decided when I was turned down this time to get an attorney and appeal. During the past few years I've learned a great deal about the system and feel I am disabled. So, I reapplied on January 10th of 2002. First thing I found out, because I had an appointed worker who filled out my forms, was that I was eligible from March of 1998, since I hadn't worked at all since then. My last job ended in February of 1998. My appointed worked called the Social Security office while I was there to get this information. They also told me I was eligible to receive $653 a month, based on my previous jobs.
My first question is: when I get approved are my payments retroactive back to that date of March of 1998? What about Supplemental Insurance? Is that retroactive?
Today, I called and spoke with my disability case worker, who has been handling my claim since I reapplied in January. I normally would of been denied by now since it's been 3 months. She told me she approved an allowance for me on April 5th. I asked what that meant, she said basically it was an approval for disability. Well, of course, I'm flabbergasted! I never expected this! Then she told me that because she is at the state level of disability that the federal level pulled my case and is reviewing it. She told me this was not abnormal, since it was an approval and that they were basically checking "her" work and reviewing her decision/recommendations. She told me it could still be months before I hear anything. She also told me to call the disability office one month from today to check the status of my claim. She said if they found something wrong that the claim application would come back to her or she might not ever see it again. I had so many questions for her, but she had to go so I'm not sure if I should be excited by this news or not, lol. Can the federal disability people now still decline my claim? Is this normal for this to happen after applying for disability? Because the state approved me, does that not mean I "really" approved? Anyone gone through this have any idea how long this process takes...of the federal level taking over my claim.
Any insight would be greatly appreciated. I feel so stupid when it comes to these issues, I feel like I need to go back to college just to learn about it, lol. My apologies again for such a very long post.
Thank you so very much in advance.
Isabel |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, April 13, 2002 - 5:35 am: |
|
I will ask your questions briefly and answer them as best I can.
Q. When I get approved are my payments retroactive back to that date of March of 1998?
A. Possibly, possibly not. You can potentially draw benefits under a particular Social Security Disability application back to the earlier of a year before the application or 5 months after you become disabled, whichever is later.
The Administration can reopen and old Social Security Disability application for any reason within one year; for good cause, such as new and material evidence, for 4 years, and, if you can show a mental condition that made it impossible for you to understand how to proceed, or impossible to actually proceed, you might be able to get it opened even if it is older than that.
How far back benefits will go in your case depends on two things: What date your caseworker finds that you became disabled, and whether he or she actually re-opens your old cases.
What about Supplemental Insurance? Is that retroactive? Yes, but the rules are different, to keep us all confused, I guess.
You can draw SSI from the date of the application if you otherwise qualify.
You can re-open old applications under the same rules as for Social Security Disability, except that the 4 year deadline becomes 2 years.
Q. My disability case worker told me she approved an allowance. She told me that because she is at the state level of disability that the federal level pulled my case and is reviewing it. Can the federal disability people now still decline my claim?
A. Yes. The federal "quality review" process seems to occur more with recommended favorable decisions. What she said is exactly true.
To answer a question you didn't ask:
Often, when a claim is approved at the initial or reconsideration level, it can be appealed, asking for an earlier onset date. This is a two edged sword, since the entire claim is appealed, meaning that your benefits could be terminated if the higher level finds that you are not disabled. You will probably get such a partially favorable decision, if it is a favorable one.
If that happens, you must sit down with an attorney and all of your medical records and carefully decide whether to appeal. Sometimes it is foolish to appeal; sometimes foolish not to. |
|
