Skip to main content

AWARDED SSDI BENEFITS BUT DENIED BACK PAY

Social Security disability (SSDI) decisions are made by an agency called the DDS.  While the DDS denies most claims entirely, sometimes they will approve monthly benefits but move the alleged onset date forward to deny all back pay.  This is very common with DDS and can be appealed.

Example:

Jim claimed to have become disabled on 11-1-16. After deducting for his 5-month mandatory waiting period, he would be eligible for SSDI benefits from April 1, 2017 onward.  DDS approved the claim but set his onset of disability date at 8/1/17.  Now,after deducting the 5-month waiting period, and he won't get paid a benefit until January of 2018.  In short, Jim just lost 9 months of SSDI payments because of the change in his onset date.

This amounts to a partially favorable decision which can be appealed.  However, the following factors must be considered when Jim appeals this decision.

1)  The appeal will involve a hearing before an administrative law judge.  Monthly SSDI payments will continue to Jim during the appeal process.
2)  It will probably take about 24 months to get the appeal resolved.
3) When the case comes up before the judge, the ENTIRE decision will be under review, not just the part that Jim disagrees with.  The judge can give a new decision that is the same as the old decision, more favorable than the old decision, or less favorable than the old decision.

Thus, Jim and his representative must weight the potential benefits of an appeal vs. the potential dangers.  Any decision may be appealed.  Not all decisions should be appealed. 
__________
For help with a Social Security disability claim, problem or question:  Call the Forsythe Firm in Huntsville at (256) 799-0297.  Not affiliated with the US Social Security Administration.  If you need the US Social Security office in Huntsville, please call (866) 593-0665, extension 0. 

 Contact the Forsythe Firm for help with Disability

Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau

DISABILITY 101 - FINAL EXAMINATION

Take this sample test.  If you fail the test, you may not want to represent yourself at a Social Security disability hearing.  The following are reasonable items of knowledge that should be expected at any hearing.  Answers are given following the test.  There are no trick questions. 1.  How many years are there in "past relevant work" history? 2.  How many sequential steps are there in evaluating an SSDI claim? 3.  Which exertional level requires the ability to stand or walk for only about two hours out of an eight-hour workday? 4.   True or False?  The inability to walk one block at a reasonable pace over a rough or uneven surface is an example of ineffective persistence and pace? 5.  Jobs at which exertional level usually requires the ability to react appropriately with co-workers, supervisors and the general public? 6.  If an individual is restricted to medium exertional level work, at what other levels can he also perform. 7.  You are alleging disability as of Se