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Old 11-22-2011, 06:40 AM   #3
Dobie Dobie is offline
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Join Date: Aug 2011
Location: Philadelphia, PA
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Re: Partially Favorable Decision, No Back Pay, Should I Appeal?

Quote:
Originally Posted by BlueSkies14 View Post
You can receive monthly benefits while appealing the onset date. I would personally challenge the EOD, but I can certainly appreciate your concerns. You said you took a highlighter and highlighted blatant errors they made. If you can prove this, it is very possible you can get the retroactive benefits. It is very unlikely they will reverse the partially favorable. What is more likely is that they will simply reach the same decision so nothing lost or gained. You said they changed the onset date to the date on your 50th birthday. Does this result in zero backpay...not even a month or two? Plus if you win the EOD appeal, the retro activity will probably make you immediately eligible for medicare.
Yes, $0 backpay and attorney also does not get paid! I just sent
a lengthy email to my attorney outlining all of the discrepancies in this Decision. Thank God this is what I used to do for a living (legal assistant). I am so nervous to rock the boat, but at the
same time, I am disgusted by the fact that he gave so much weight to all of the State doctors opinions and doctors that I saw once an NONE to my treating Pain Specialist whom I have been seeing since 2009 - no weight at all to his reports or Medical Functional Capacity report - unreal!

Last edited by Dobie; 11-24-2011 at 07:36 AM.