Quote:
Originally Posted by cherry33778
Hi Katz! It sounds like everything went well to me. I have a question though, why did your lawyer change your onset date by 15 months?? I worked too, for 3 months, and my lawyer stated that it was an unsuccessful work attempt. The judge agreed and I was granted full ssdi even through those months.
It sounds to me that the judge was trying to save tax payers some money. They have been doing a deal or no deal for the last few years, including with me, but I called his bluff and it paid off. By changing your onset date I am pretty sure you will get a favorable decision but remember you will have to wait until 10/12 to get medicare benefits and your payments will now start 10/10, just in case you didn't know.
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This is often done when someone has turned 50 or 55 during the SSD process. By using a later date, a lower standard of approval is allowed.
There can also be an increase of impairment that has been clearly documented in someone's medical history.
Is it worth fighting over the backpay? That's up to each applicant. But forcing an ALJ to use the original date very well might mean a denial. The applicant can then appeal or start a new application (which will probably lower your backpay further, at least temporarily) or both!
Keep in mind when if someone appeals the ALJ decision, they're not just appealing the date, they're appealing the entire decision, and it could be approved or denied.