This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning. |
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I was just approved for Adult Child Disability Benefits. I applied in November 2001. I was able to prove that I was disabled before age 22, which was back in 1984. Also, my father applied for his retirement benefits in October 1997 and started receiving his retirement benefits in January 1998. Can I use my father's application date for determining when my back pay of benefits should begin? In the award letter, they began my back payments in April of 2001.Shoudn't the back pay have started at November, 2000? I am deciding whether or not to appeal whether of not I can actually go back to October.1997, the date my father applied. The reason I think I may have a right to do this is because my benefits are based off of my father's social security. Can you use your father's application date for determining when your back pay starts? No, for the category in which you are in, your earliest possible onset would have been January 1998, the time your father began to receive his benefits. However, even that scenario would have been dependent on you filing much sooner than you actually did. It sounds as though your backpay situation is probably correct. If you applied in November 2001 and were later approved with 12 months of retroactive benefits, your EOD, or established onset date, would have been November 2000. However, your eligiblity to receive benefits begins with your date of entitlement, which is the onset date plus the five month waiting period. In this case, your date of entitlement sounds as though it should be April 2001... Although, since you were found to be medically disabled prior to age 22, it also seems as though your five month waiting period should have been wiped out, which would then give you benefits starting with November 2000. I would suggest that you communicate with a claims rep at your local social security office. With the information you've written, it's not possible to determine what your situation is exactly. But it may be that you are owed a full twelve months of retroactive benefits. Disability Advocates Help with Claims Free Case Evaluation |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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