Jonathan answers two questions about the Social Security disability process.
1. How do you know how much in retroactive benefits you will recover? Example: Tom applies for SSDI benefits in March, 2006, alleging that his disability began in April, 2004. Tom has a hearing in July, 2007 and wins. If the Judge accepts his argument about the April, 2004 onset date, how much will he get in past due benefits? a. At most, Tom can only get paid past due benefits for one year prior to his application date. Therefore, Tom gets past due benefits from March, 2005 through July, 2007. Starting in August, 2007, he will get on-going benefits. b. There is a five month waiting period that applies as of the onset date. Here, the five full month period starts in May, 2004 through September, 2004. Therefore, Tom gets the full March, 2005 through July, 2007 past due benefit. c. If the Judge found that Tom’s disability began on February 12, 2005, the five month waiting period begins in March through July, 2005. Tom’s past due benefit runs from August, 2005 through July, 2007.
2. What does the Judge do after your hearing and what are your options if you lose? a. The Judge may issue an abbreviated “bench decision” finding in your favor. b. The Judge may send the case to a “writer” for a full decision – this can take one to six months or longer. c. If you receive an unfavorable or partially favorable decision and want to appeal, you must file your appeal to the Appeals Council within 60 days after receipt of the decision.
Jonathan Ginsberg represents clients in disability claims filed with the Social Security Administration.
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About Jonathan Ginsberg
love your show-very informative and helpful
Is there any way to get a hearing for SSI speeded up when you are in dire financial need? And you live with an elderly parent whose only income is Social Security retirement which is only $550.00 a month? And you have no other income and have never worked yourself and are disabled?
I need some help. My worker is getting my medical records while I have eye & mental appts with SSA approved doctors. I’ve no income and no idea when a decision is to be made. I don’t think I have enough work credits for disability so I think I’ll get SSDI. How do I get this caseworker actually working my case? When I call he seems to be asleep on the job?
cj
I applied for the first time for ssi in 1999 and got denied. and then filed again two years later 2001. And had to take it to a federal court and it got sent back to an alj. And then won the case and received a bench decision favorable In 2007.The alj said the onset date was in 1997. Will I receive back pay from 1999 or the first time I filed in 2001 and was denied. Or from 2001 were I took it to federal court and it was sent back to alj were I finally won?
my husband has been approved for his disability benefits from social security, he first started receiving his first regular payments in October 2008, he was given back payments for SSI three months ago, he was to receive a lump sum payment after his attorney’s were payed in August of 2008, the caseworker has put in a release for his Social Security payment since November of 2008, to this date nothing has been paid, nor has it been released, what do we need to do, being that the caseworker says that the payment center is the one who is holding the payment up, because it has been requested for release numerous times.