Quote:
Originally Posted by finz
when was the hearing ? It can take months to get things in writing even if things go favorably for you.
What were the dates and why didn't the judge think you were disabled as long as you think you were disabled ?
You might be willing to settle for less backpay, just to be sure you get approved, but you have not been clear about what the lawyer has said about his/her position. Is the lawyer trying to get everything that he'she thinks you rightly deserve ? Or is your lawyer protecting his'her own paycheck ? Something to consider is...... If the lawyer can get 25% up to $6000 (or whatever the max is now, it can go up from year to year), that 1 year less of backpay may severely impact his/her paycheck.
You can call SSA to see where things are at, but I've never gotten a knowledgable reply doing that.....and I would call them once, not make a daily pain in the butt of myself.
I would TOTALLY call the lawyer every day (or more often) until you get some answers. Make him/her earn their money
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Increased retroactive benefits are a win/win situation for the claimant and the attorney so if the attorney is holding out for the earlier onset, then both of you get more money and earlier entitlement to Medicare. The big question; is the medical evidence substantial enough to warrant a favorable decision for the earlier onset? The attorney must think it is. I personally would prefer to see an ALJ make a partially favorable decision that you can appeal if you disagree rather than ask you to agree to the decision he wants to make. If you agree to a later onset date, then the decision becomes fully favorable and it is easier to write a legally defensible decision. If the decision is partially favorable or unfavorable, then the writing becomes more difficult because the written decision has to stand up through more scrutiny through the appeal process.
The partially favorable or any unfavorable decision will take longer to be written so there will be additional waiting time, weeks, months. You have to decide if you are willing or able to wait the longer time AND you should decide to never second guess yourself a year, two years, ten years from now if you decide to accept the later onset without appeal rights.
Sounds to me like the ALJ has made a decision with the later onset date but to put it in writing, you either need to agree, or he/she has to make sure that the written decision has a strong written rationale for his/her opinion. That is harder to do and takes more time. You don't have to agree to the later onset, but it still could be the decision. By agreeing, you close the door to appealing it further. But you may get money faster, but less of it. It is possible that the attorney fee would be maxed out even with the later onset, or the fee could increase. Depends upon numbers and dates. Impossible to tell here.
An earlier onset date can also possibly increase your monthly SSDI benefits since there would be fewer zero years used in the computation. This may or may not be significant in your claim.
I am a bit troubled that your attorney won't return your phone calls. But it is pointless to call SSA. Your case is with the ALJ and the ALJ is waiting for you to agree or disagree. Once the written decision is made, it is reasonable to expect a first check 30-60 days later and retroactive benefits 60-90 days later.