Quote:
Originally Posted by Tom Vici
Hello all:
Back in November 2012 I applied for SSDI but I was unable to complete the flurry of forms they sent me so my claim wound up being denied. I could not complete the forms because they made me stress out and I was overwhelmed by them. Depression and anxiety among other mental disorders are part of my disability.
A couple of months later I hired an advocate who filed a new claim for me.
That new claim got approved very quickly.
The problem is the onset date. The SSA decided I was disabled since Feb 2013 (the date my advocate filed my claim on). Since there is a 5 month waiting period, my first benefit became due in August 2013. So far so good.
On my first application I used the onset date of 04/01/2010 since I stopped working then. The second application filed by the advocate also used 4/01/2010 as the onset date.
The advocate feels that I should file reconsideration and have the onset date changed to 04/01/10 because the denial of the first claim which I filed was based on a "technicality".
Does anyone feel that I would be successful in having the onset date revised on reconsideration?
If I do the reconsideration and the onset date is changed to the 4/01/10 date, I would think the SSA would pay me back due benefits. Would they go back that far or only for one year?
I think the advocate wants to file the reconsideration in hope that they do approve the change of onset date thus he would be able to get his fee.
I have not had to pay the advocate since there were no back due benefits paid yet.
Any comments appreciated.
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When you file for Reconsideration, SS can potentially deny the Approval you were just granted. Very risky, and I wouldn't recommend it.
A few years ago SS changed the rule that allowed people to start a second claim while pursuing an appeal. It forces applicants to lose backpay if they want to get out of limbo while waiting for a decision for months or years. I believe your advocate is giving you bad advice, since this rule won't allow you to use the original Alleged Onset Date. The earliest date possible would be when you terminated your first claim--this would have been by not submitting a timely response to the last decision you received or by filing the second application.
You can confirm how your Alleged Onset Date was chosen by contacting your local SS office.
And yes, your advocate is looking to hike their fee. As wonderful as backpay is, the monthly benefit is more important in the long run.
BTW, does your decision say Fully Favorable or Partially Favorable?