Any chance? Disability Date vs. Application Date
 

My wife had her claim for disability approved recently. This process was all new and unclear to both of us as to what to expect and how to proceed. Only upon receipt of her initial payment and accompanying letter did we become aware that SSDI would pay her retro-payments a maximum of 12 months from the date of her SSDI application. the application date is 16 months later than her disability date. We had thought that she would be paid back to her date of disability.
my question: is there any chance at all that we can somehow appeal to SSA and get retro-pay for the months back to her disability date( or even a portion thereof )? or is attempting anything of the sort simply a total waste of time?

TIA for any advice.

With SSDI there is a waiting period of 5 full months, starting the first of the month after the onset of disability, before benefits are paid. Then there is a max of 12 months retro pay. So an onset date of 17 months prior to application would be fully favorable. Since she applied 16 months after her disability date, she will likely get 10 or 11 months of retro pay-depending on the date of her application. Even if she applied 16 months ago, she would not have received any additional benefits due to the waiting period.

thank you. i think i understand your explanation. but i think i may not have been clear enough on the relevant dates. so, here is the text from my wife's "Notice of Award" -->

"...You are entitled to monthly benefits beginning September 2009.

Our records show that you became disabled on May 1, 2008. By law, we can pay benefits no earlier than 12 months before the month of filing. Since you filed for benefits on Setember 29, 2010, monthly benefits will begin September 2009..."

So, we actually applied for disability on September 29, 2010....which is 28 months after her disability date of May 1, 2008. I understand that 'by law' they will pay a max of 12 months retro-pay from the date of the application filing. but i am looking to to see if there is a way to go further back....specifically, to the point in time where she could have started to receive payments had we filed the application at the earliest 'legal' date.

Only by going back in time and filing the claim earlier.

Steve has this is right. When you go back to May and wait the 5 months it starts in Sephtember. At lease they go back 12 months. As one posted you would have to go back in time but it would not change anything the math comes out the same. Count your blessing that she was approved because a lot of folks end up fighting for this for years and have to pay out a large amount to a Attorney.

It is what it is. We all have to live within the guide lines they enforced some good others not as well. Again consider yourself lucky that she was approved without jumping through hoops as many have too.

thank you all for the insites and advice. i regret that my original post incorrectly stated the number of months between her disability date and the filing date of the application..which was 28 months. i am thankful that our application was approved on the initial submission. but i'd much have preferred to never had to file at all. the fact that they will not retro-pay further back than 12 months just doesnt sit right with me. ok, it's a law.....can it be challenged? has it been challenged? or is it just a hands-down never going to win situation? i'll do some further digging and see what comes up. ( recent unemployment has left me with too much time on my hands ).

fwiw: i am also thankful for the internet and all the sites providing information and assistance to get a person through things that would have taken forever in days gone by.

rogerd i understand what you are saying....even worse some of us had to agree to onset dates which were actually many months later than when we actually stopped working because the alj didnt see sufficient medical evidence to support a total disability until that date. this meant many thousands lost in back pay. in my case $21,000. a bird in the hand is worth two in the bush. when you appeal a fully favorable onset ,you could lose everything. not that that is what you are talking about doing but im just giving an example.

rogerd,

There are some conditions which 'automatically' imply total disability that will be lifelong, like ALS.

With many conditions though there is hope for some improvement with the correct treatments, so normally, the doctor must see a disabled patient and predict that the patient won't be any more able to work for a year, before they start thinking of total disability and SSDI.

I think the way that works out is that many of us end up in a similar situation as (I think you have with) your wife.....not applying the second we were eligible because we held out some hope we might improve.

If the situation was that you knew the prognosis for total disability from the start, but didn't know enough to apply.....that's unfortunate, but I don't believe that the SSA has any policy to deal with that.