Episode 13 – Onset dates, part time work and SSI Offsets
Show Notes:
1) I have a lawyer and I'm waiting for my ALJ hearing ( 1 1/2 to 2 years, I was told at the SS office) Due to financial issues, I was unable to continue treatment with the doctor that first diagnosed me with lupus, firbomyalgia and MCTD, and I now go to a charity clinic. My lawyer says that the date of onset of my disease, which my original doctor diagnosed, does not matter, but the illness coupled with the date I stopped working does. I am working now, going from part time to half time within 6 months, because of the pain my condition causes, even though it is a sedentary job. Is my lawyer correct, that it doesn't matter when I was diagnosed?
Also, he says that working part time will not affect my disability case unless I make more than 800 dollars a month. I live in Indiana.
2) I have been denied disability because my wife has a retirement fund from her state retirement. Does her money count when I am disabled and unable to work?
Technorati Tags: part time work and Social Security Disability, onset date, alleged onset date, ssi offset
Filed under Onset date, Part time work, SSI issues by 
Post your comments here. If you would like a case evaluation, please visit http://bit.ly/sshelp
Jonathan Ginsberg
Comments on Episode 13 – Onset dates, part time work and SSI Offsets
I won SSDI. I filed for SSDI & SSI 2/17/07. Filled for both on this date. I claim Jan 31, 2007 as being disabiled. The Judge agreed. But what I don't understand is the legal speak quote of the law. My question is WHen am I going to get payment ?
When you file an application in the month that you meet all the other requirements for eligibility, the earliest month for which we can pay you benefits is the month following the month you filed the application. If you file an application after the month you first meet all the other requirements for eligibility, we cannot pay you for the month in which your application is filed or any months before that month. See ยงยง416.340, 416.345 and 416.350 on how a written statement or an oral inquiry made before the filing of the application form may affect the filing date of the application.
What does the above mean ??
Would appreciate an english translation of this.
Peter, this is Social Security's attempt to explain the five month waiting period. Basically, what this means is that you do not get paid past due SSDI for the first five full months of your disability. If you were found disabled on January 31, 2007, you don't get paid for January, February, March, April, May, or June. Your lump sum will start with July, 2007.
Note that you would have the same result if your date of onset was January 3, 2007. They won't count January because it is a partial month. They start counting the five month waiting period with the first full month after your onset.
Won case May 6 when can I expect payment. How can I find out exactly when my first lump sum will come.