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.
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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
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
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