they moved my date of disability
 

I was in a car accident in April, 02 Suffered a TBI. People always asked me if I was collecting disabilty, which I wasn't, I didn't know where to apply. So I finally found where to apply online Dec, '09. On my notice of award, they moved my date of disability to Dec,29 2009. I have to wait until July to collect with no backpay. I don't understand how they could do that. Any ideas?

Hi Savage,

Welcome to NT !

I'm guessing they did that because that was when you applied. Do you have do you have documentation in your medical records that you were permanently disabled since 2002 ?

There is a 6 month waiting perid to receive benefits. I''m not sure that's the reason, but it's a possibility.

Is this an SSI claim or an SSDI claim? SSI has no retroactivity but also does not have a waiting period.

When did you stop working? 2002 or 2009?

I have not worked since Mar. 2009. I read the whole thing about they will not reward you if you have not tried to work for minimum of 1.5 years. So I am thankful I got that out of the way. I have something like 8 jobs since my Head Injury. I have been fired from almost all of them. Mainly because I don't remember yesterday. When the bosses need explanations for something, I am unable to explain myself. So I always look like I am lying. It's just retail and fast food restaurants.

Yeah, They have access to medical file. I initially gave them the release forms for my attorney, neurologists, and neuropsychologist. They moved the date up to the date I applied. I was really hoping for the retroactive payments.

It is a SSDI claim.

A variety of issues have to come together in order for SSA to make a date of onset of disability decision. You have date of a head injury in 2002 but you worked (what you call off and on) until 3/09. Those are two dates to evaluate. Another date would be the dates of the medical evidence. You may have a progressive problem because of your head injury that has gotten worse over time. You may not have obtained significant amounts of medical treatment or thorough medical evaluation until you filed the claim in 12/09. You may not have supplied proof of the begin dates and end dates of all of your work so that six years of work could be determined to be an unsuccessful work attempt.

You should have gotten one notice that stated why 12/09 was chosen over 3/09, the last date you worked. And if you didn't supply proof that all your jobs met the criteria of unsuccessful work attempts, there is no way SSA can write off 6 years of work.

Very good explanation, thank you.

Congrats on your approval! I'm always encouraged when I hear of another person with TBI getting approved. My hearing is on Wednesday.

Another thought is that SSA won't pay benefits back more than a year before you filed, even if your injury occurred before that. In my case, my TBI was in January of 2004. I worked on and off until May 2006 (same job, very patient, generous employer and STD policy) when I sustained a second TBI. But I was stubborn and confused and tried to muddle through. In November of 2007, when my house was foreclosed on, my savings was gone and retirement was cashed out and gone, I finally filed. If I get approved at my hearing this week, I won't get benefits back to January 2004, or even May of 2006. The longest they will go back with benefits retroactively is November 2006, 12 months prior to my application.