|
Junior Member
|
|
Join Date: Dec 2009
Posts: 9
|
|
|
Junior Member
Join Date: Dec 2009
Posts: 9
|
Quote:
Originally Posted by Janke
When did your father die or turn age 62 and file a retirement claim or become entitled to SSDI himself? At age 14, a child can get benefits from a parent's record on the basis of AGE alone - if the family max is high enough, the parent is deceased or entitled to Social Security disability or retirement. A 14-17 year old child does not have to have a disabling condition to qualify. If your father is 61 or younger, still breathing and able to work, there is nothing for you to qualify for on your father (or mother if she is still healthy and not retired) Social Security record. And, if you got married, you might not be entitled as an adult. Or if you engaged in Substantial Gainful Activity and it was not an Unsuccessful Work Attempt (and you must have worked a year and a half to get SSDI) you might not be able to get benefits from a parent.
If your brother is disabled and unable to perform Substantial Gainful Activity, he should file his own claim since filing date is a factor in determining payment date. He should contact SSA before the end of December 2009 if he hasn't done so already. 1-800-772-1213.
If your attorney thought you could be entitled to more money by pursuing an earlier onset based on an earlier filing date, the attorney would then be entitled to a higher fee, so I would guess that the attorney is not interested in pursuing this because there is no money in it for anyone.
Go get your own records if you want them, and file a claim on your deceased, disabled or retired father, but it may do absolutely nothing to change your entitlement to Social Security or the amount of your monthly benefits. Help your brother get his own records and help him file a claim. But again, the retroactivity of an SSDI claim is AT MOST 12 months before application (with the 5 month waiting period, 17 months for onset) and for SSI, zero months before application.
Filing a claim and, if denied, filing an appeal is what keeps a claim alive for years and sometimes results in years of retroactive benefits and sometimes nothing.
|
Thanks for the friendly reply!! Both my brother and I are receiving SSDI and SSI (my brother only gets one of these...unsure which one) However, for both of us Social Security benefits only went back a few years; more than likely back to the date of application...However, I was told that if there was proof of diagnosis/treatment than the benefits could potentially date back to when the disibility actually began, rather than the date of your 1st application. In my case, I was diagnosed at age 14. My current claim goes back only to age 22. Perhaps I was misinformed, but it was a disability advocate who told me so that this has been known to happen... I wonder if ANY of you out there have heard of this happening?? Both I and my brother have been living with the same condition since childhood, app age 14 for me and my brother was born w/ his disability but not tested until age 15. School/work has been affected all along since early teenage years for the both of us and as a result our parents have spent countless thousands seeking help eg treatment.
My father and mother will not retire for app 4-5 years from now. They did not know they had options to apply for SSDI/SSI when we were kids....
Thanks very much for any advice!
|