The judge was ready to make a ruling but wanted to change the onset date....my atty said no. She wanted over a yr more. She called me the next day wanting me to let her send a letter to the judge asking again for the older date. I told her no, just let him be and I agreed with what he wanted. She wont answer my calls now and Im not sure what to do now. Is there a normal wait time?? Im more lost now than before. The judge did say I was disabled in the hearing, but after my atty wanted the her date, the judge said he would review and send me a letter..... Now what should I do??

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

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.

ok thank you so much for the info... alittle back ground
11/2005 dx Akylosing Spodylidtis, RA, Fybor.
I was really doing well, seeing a RH and getting massive Remicaid infusions.
08/2007 Left Tx due to hubby being transfered to GA
09/06/07 I fell off the front porch, legs gave out, broke both feet. We didnt have ins so The ER did nothing but give me a Rx for air boots, thus they didnt heal correctly.
11/07 got ins and back to Rhumey and finally some xrays of my back. Dr said I had 2 disks in my low back and neck rupt. prolly due to fall...
11/08 filed disability, went thru the 2 denials yada yada, hearing was 08/24/10. Vocat. guy said nothing I could do, ALJ wanted to give a bench decision for the date I filed but lawyer said no, that I should get it back to 09/07 due to the fall, when everything went down hill fast. I did try to go back to work in March of 08 but it only lasted less than a month, I just couldnt do it. ALJ ruled that as a failed attempt to work. He stated in the hearing the medical evidence proved 100% that I was disabled. He told me that he would review the case at a later date and send me in writing his decision if he found I could have an earlier onset date. It all happened so fast its like a blurr now and sometimes I just feel lost. I did call the SSA and they told me I shouldnt call back until it has been at least 2 months after the hearing with the backlogs. I was just wondering a general wait time for a decision. Everything I read here in my replies have answered my questions as to why the atty did what she did, but I wish she would have told me herself. Thank you all so much for your replies, at least I know what to expect now. HUGS

Oh Dengal..I hope you get your decision quickly!!! My decision took 3 weeks...I got my backpay about 2 &1/2 months later. I forget when I got my monthly payment...the one coming up will be my 4th pmt.
Prayers to you!

For what it's worth (not much), I agree with your attorney. Time will tell if the ALJ does.

ditto.......9/07 sounds like when disability began.

I could possibly understand the ALJ saying there was not enough medical documentation from the ER visit if it was as cursory as DG said. Another possible date the ALJ could recognize is 11/07 when medical insurance and care started.

Have you seen that documentation DG ? How soon does the medical documentation support the claim of total disability ?

Janke brought up a very good point that I didn't think of......if SSA decides the disability date is 11/08 when you applied, that time from 9/07 to 11/08 that you were just 'not working' could impact the amount of SSDI you would get per month

Well the Atty sent in the letter asking the judge to consider Sept 07 the day I broke both feet, instead of 11/08, which was the actual day I filed will SSDI. I finally broke down and couldnt take it anymore....I had given the whole mess to GOD but my own mind has nothing to do LOL. I called the ALJ office and got to talk to a really nice man. He said the judge had made a decision and my file was of to the writters. I asked him how long would it all take. He told me that this judge ALWAYS clears his docket at 2 months after hearing and that I should be getting my letter towards the end of the month. So right now I dont know what to do,,,,, I have heard this before, so what will be will be. Honestly Im mentally exhuasted from this whole process, from SSDI and the atty, to my family getting tired of it, no wonder Im a wreck. I will let all of you know if I get a letter

I hope that you hear soon !