MDJunction - People Helping People
 
Ask a Question
12/16/2010 01:45 PM

partially favorable?? should i appeal??

Yacopsae22
Yacopsae22  
Posts: 28
Member

I have been approved for disability but they are setting the date of onset as a year and a half after it began, should I appeal or just accept what they are giving me? If I do appeal will it affect the monthly payments I am going to receive, as in will it delay them? I know the only thing that the appeal will affect is the amount of back pay...but that is pretty important at this point.
Reply

12/16/2010 02:10 PM
jmick
jmickPosts: 13899
VIP Member

If you appeal, you will not receive any money until the appeals process is complete, regardless of the outcome. It's unlikely that your appeal will result in changing your onset date unless you provide some new evidence that proves you were completely disabled during that year and a half. So the question you have to ask yourself is -- can you handle waiting for the appeals process to finish without receiving any disability income. If you're at the court level, it could take 1+ years to get a hearing and even longer to get a final decision.

If you really want to go ahead with an appeal, and can live without the money until the appeals process is over, you really want to have an attorney that can help prove you were disabled for that year and a half. I don't know for sure whether disability attorneys accept cases like that. I've honestly never heard of anyone appealing a favorable decision, even if their onset date has been changed.


12/16/2010 02:48 PM
ERVARGASNY
Posts: 183
Member

Im confused, i was approved for full benefits from the day i applied at least thats what the letter told me, but i keep hearing more and more of these judges changing the onset date of getting your full benifits, its almost seems like some kind of threat, you either let us keep you full beneifits check for a year and a half and take the monthly payments wtf, if i apply its because iam disabled and cant work, how will a year and a half later make me only partialy disabled and when the hearing date comes im fully disabled? Is this whats its comimg down to? Our government playing the bluffing game with us? Maybe im not understanding how it works can someone clarify this for me. Thanks...

12/16/2010 03:47 PM
fibroforever
fibroforever  
Posts: 4130
VIP Member

Yacopsae22- My recommendation would be to "not" appeal. When I had my hearing, the judge did the same thing to me. A year-and-a-half taken off my on-set date. My attorney told me that I could choose not to accept that... BUT.... the judge (in your case the Fed Appeal people) would more than likely make it the same date anyway. I chose to accept it because I was being approved in court. And it didn't sound like it was going to benefit me not to.

As stated above. You won't get any back-pay money until the appeal is over. If you chose to go that route. Your monthly payments won't change because those are based on your years of working service.

ERVARGASNY- You don't need to worry. Since your case has been settled as long as it's SSD- they're not going to take it away from you.


01/28/2011 01:48 PM
Yacopsae22
Yacopsae22  
Posts: 28
Member

so, after more research and speaking with all of the people i could possibly get on the phone my appeal to change the onset date will not negatively affect me in ANY way. in fact i have already received my back pay check based off of the onset that they decided. there is a high chance that my appeal will be denied but it will not in any way affect the benefits i am currently receiving.

01/28/2011 06:29 PM
jmick
jmickPosts: 13899
VIP Member

That's fantastic news, I was always under the impression they would withhold your payments until the appeal was finalized. I guess I just tend to assume if SSA has a chance to squeeze you, they will... lol.

01/29/2011 06:46 PM
poorjane
poorjane  
Posts: 230
Member

Social Security determines your onset date going back 12 months from the date you file for benefit, and then there is a 5 month waiting period. Hopes this helps
Reply

Share this discussion with your friends:


Disclaimer: The information provided in MDJunction is not a replacement for medical diagnosis, treatment, or professional medical advice.
In case of EMERGENCY call 911 or 1.800.273.TALK (8255) to the National Suicide Prevention Lifeline. Read more.
Contact Us | About Us
Copyright (c) 2006-2014 MDJunction.com All Rights Reserved