SS Appeal Hearing of an Onset Date HELP PLEASE

Discussion in 'General Health & Wellness' started by cureme, Jul 14, 2010.

  1. cureme

    cureme New Member

    I was awarded my SS a year ago but I decided to have them reconsider the onset date of the beginning of my disability for several reasons. One being I was truely disabled than and two being that It would had on 6 more mths to wait for medicare. I was on insurance at the time and knew it would be ending soon.

    My court date is in a month and I have submitted some evidence and was going to go at it alone thinking that it wasnt that big of a deal since it was just a reconsideration of my onset date. Allthough, they still call it an appeal.

    I have now heard from several attorneys that the judge can not only deny my request for my claimed onset date but turn off my benefits completely.

    So I dont know what to do ?? Do i take the risk since I know that I was truely disabled at that date and have one of the greatest (docs) supporting me plus three years of proof before and two years after that. I really would need the money since my insurance is ending and I would really really need the medicare sooner.

    Please Please give me any advice or if you have gone through a reconsideration of an onset date appeal and what your thoughts are. PLEASE I have such bad anxiety from this that I cannot sleep and It has put me in such a flare and i cannot think straight.

    I could withdrawl my appeal but than it will be a very long time without health insurance and I think that would set me over my edge. I have had about all I can take with this and are about at my edge of whatelse I can take before I seriously might end it......Please any advise on my appeal...
  2. TwoCatDoctors

    TwoCatDoctors New Member

    I'm not an attorney, a representative or an advocate that represents SSD claimants. I am an SSD recipient that went through the process and was on the SSD coalition website for a long time and tried to gather as much information as possible.

    THE ATTORNEYS ARE ABSOLUTELY CORRECT that when you appeal the onset date (which is the date SSA determines you became disabled), you open up your entire case for review. If you were to appeal any other aspects of your award of disability, your case gets opened for full review too.

    Your case will have to be looked at, especially your medicals, in order to determine the official ONSET DATE of your disability ACCORDING TO THE SOCIAL SECURITY ADMINISTRATION (SSA)--not according to the date you believe you are disabled.

    BUT, HERE IS THE BIG CATCH WHICH NO ONE MAY HAVE EXPLAINED TO YOU--when you actually apply to SSD, YOU CAN ONLY GO BACK ONE YEAR FOR SSD to determine your onset date. As an example, if you actually became disabled in 2000, and then waited until 2005 to apply for Social Security Disability (SSD), SSA would only allow back payments for one year (2004) and set sometime in 2004 as your onset date. That is why when a person becomes disabled, they should apply for SSD before the end of one year. Your ONSET DATE is a special date that kicks off back pay and probably other things in their records. So it is a special date and claimants don't set that date--SSA sets the date.

    In fact, I applied in a September and claimed my Onset Date as being that July that just passed because I actually quit work then. But SSA determined my onset date to be in June because with my disability I was in and out of work and able to only work a few hours then had to leave and would be out for several days because my disability so impacted my ability to work. So SSA in my case set my Onset Date to June when I felt it was July. It worked out better for me.

    So, unless you applied within that one year period of the NEW ONSET DATE that you are claiming, you will undoubtedly be denied your new onset date. Maybe the attorneys didn't tell you that or maybe you didn't hear it because you were in an anxiety attack in thinking your entire case will be reviewed. They're only paying for one year prior to the date they set as the onset date and that can't be any more than one year from the date you applied for SSD.

    If you are still within the year in appealing your onset date, you want to carefully review your medical records, and not just from one doctor. You may discover that one or several of your other doctors marked you as disabled when you decided to apply for SSD and not before then. And if they put that in their records and SSA has those records, that information becomes part of your records for the SSA to make their determination. Do you have copies of all your medical records and what every doctor put down? Did any receive paperwork from SSA, completed it and returned it and you don't have that paperwork--they may have written something in that paperwork. Double check the medical records and paperwork the doctors complete because these areas are very important and where SSD determines the onset date.

    Hope that helps. Good luck.


    [This Message was Edited on 07/14/2010]
  3. TwoCatDoctors

    TwoCatDoctors New Member

    Good to know you have made it clear you are Jean 2104 because as of right now, 2104 posted on the CFS/FM Board and not Susan2009, but both post the same way. I suspected as much.

    When are you actually going to answer the questions of these posters, instead of doing this all the time? Do you even realize you put on this thread "And there was ONE reply on the Health Board to her first post." Please, you're apparently not realizing or are too absorbed in what you're doing to know that you're ALREADY IN THE THREAD and we can see how many responses there are. Relax, unwind.

    -------------
    Here's the post you put above in this thread:
    ---------------
    Susan2009
    7/15/10 6:47 AM Second try worked for NEW MEMBER

    NOTE to readers.

    Cureme posted again a little while later on the CFS/FM Board.

    Title = SS Onset Date Appeal

    Hi, I posted a longer post earlier but it is now gone???


    On that thread, I posted about the glitch that transfers posts to the Health Board .... in error.

    And that there was ONE reply on the Health Board to her first post.

    Susan
  4. TwoCatDoctors

    TwoCatDoctors New Member

    Actually, another good board to send "cureme" to would be the "DISABILITY" board, so you might want to keep that in mind.

    Susan/Jean, you didn't have to create a new sign in name of Susan2009 and it's really okay to be yourself of Jean 2104. You're an okay person as Jean 2104.

    You believe there is a glitch that mistakenly puts new members onto the Health Board and you have repeatedly notified ProHealth. Thank you for being diligent and notifying them of your suspicions. Now that you have repeatedly notified ProHealth, it's okay to let go and let ProHealth handle this as they see fit. But in the meantime, you can get on to enjoying the Board and as a registered nurse, posting very helpful medical information to others that many of us would relish reading. You obviously have so much experience and so much to give to all of us.

    Also, keep in mind that some posters may have Brain Fog, are in great pain, on various meds, may have trouble typing, some drink, some smoke for pain, some have tingling and numbness at times in the hands and the list goes on. It's okay no matter where posters land and they will get help and direction from others.

    And it must be exhausting for you to be following around all the new people and record where they go, post how many responses they had and go back and forth between boards to report on both boards for the rest of the members. Actually, you don't have to do that and the new members will explore around the boards and find out all about the ProHealth boards as we all did when we were new. As to the regular members, we'll find them if we want. But know that everything is okay.