You have had a dismissal for an appeal for a hearing the first time, if when you apply for the second time if you still get the retro pay? I am hearing different stories and not sure what to believe.

It was suggested to me by my lawyer to do the reapplication for a new claim ( this would be the second one). But he's not done a disability case for awhile due to his office moving. My appt is next Tuesday and I am not sure if this is the right route to go. He said if I did get the appeal for the hearing it would be at least a year to year and a half for the hearing. If I do the reapplication then ( based on a new psych eval I just had 2 weeks ago) that I should get it on this application. Ohhh I wish this headache was overwith now. I was so hoping to put a shower in my bathroom. We have an old farmhouse and I've been waiting on this for years. Such a sight watching me get out of the tub lol

Hello Sunshine,
It is my understanding that you will get retro pay from the date you first applied.

GregD

Even if you have to reapply? My first time applying was Feb of 06. And I will be reapplying this Tuesday. I just want to make sure I am doing the right thing by reapplying instead of appealling the dismissal.

Thank you for answering too Greg. I appreciate it!! Wasnt sure anyone would lol. Big hugs to you!!!

i really think that you should get a lawyer who handles only social security disability. A general lawyer will not be versed in all aspects of the process. Social security has its own myriad of requirements and has a complex grid system that can be used to get social security disability even if no one illness meets enough criteria for you to get it.

why are you filing a new case instead of appealing? if you lose at the alj level then you can file a new case and appeal at the same time, or go to federal court. If you do not file an appeal you will not get any back pay if you win beyond the 17 month period before the new application. And that is only if when they find you disabled they find that the application date is your start date. After you appeal you submit new information, or tests or new illnesses after your original application, right up until right before you have your hearing. you send a copy to your lawyer and they will forward that information to social security. You can also send a copy to social security yourself to make sure it gets there.

From what i have read most times if you dont appeal to get a hearing before an alj and just file a new case you will probably lose the new case as well because it goes right back to the same place that made the first decision.

Thanks for the information again Joe. I am sad to report though that they denied me already just on my phone call. Appearently there is a law in Ohio now that if before March 05 you put in an application and have gotten denied a hearing they will not give you disability if you reapply. Appearently all the money I paid in is not there. They said there arent any benefits to give. I have contacted my lawyer to see if he knows what I can do. SS office said to contact Job and Family services but I have no idea what they can do. Really isnt much hope right now i guess. They said there is nothing more I can do .

do you mean that you dont have enough work credits to apply for ssdi? not 20 credits in the last ten years?