deltaelise
02-07-2008, 04:20 PM
I heard it didn't but I was wondering if anyone here knew for sure if they took away the 5 months I have heard about.
For instance, if a date of onset was from say this time last year and you got a favorable decision, would they take away 5 months and you only get back pay for 7 months ?
Thanks :)
deltaelise
02-08-2008, 11:14 AM
I found the answer at a web site so I will share it with those who wonder the same thing:
For example, if a claimant alledged that their disability began on 9/1/99, and either an ALJ (Administrative Law Judge) or a Disability Examiner decided, based on a review of the medical evidence, that this was the case, a claimant would potentially be awarded benefits starting from that date (social security disability cases, however, are subject to a five month waiting period which, effectively negates five months of benefits--the fiver month waiting period does not apply to ssi cases). In almost any case, this would mean several thousand dollars in backpay.
rayefaye
02-08-2008, 09:00 PM
I didn't think there was a waiting for SSI but I wasn't sure. Thanks for the info.
auntduci37
02-08-2008, 11:27 PM
no, ssi you get all your back pay..ssdi you have the 5 month waiting period.
like mine was june so i will get back pay from dec....for my ssdi
deltaelise
02-09-2008, 09:14 AM
I'm still confused though :) It also says on various sites that you get back pay from the day you filed for ssi. I went to put my application in a long time ago and the SS worker put my claim in for SSD and a few months ago they had to change it to SSI. I hope I don't get ripped off anymore and say I only filed a few months ago. I guess you better be careful when you first file because some of the workers apparently don't know what they are doing and I doubt they care.
auntduci37
02-10-2008, 12:36 AM
im sorry maybe i missed something
have you been awarded you disability case? if so they should say on there "we found you disabled this date" and i believe thats when it starts.
I filed in July, but they found me disabled in June(even though ive always had the disability) so from how they explained it if I am awarded ssi(becuz im am as of now getting ssdi) i will get back to june 23rd...which they will probably start in jjuly..who knows...
i started mine in july, but didnt realize i never finalized it, so in sept i went into the office they just took the application that i started in July, so i would ask and make sure(so you wont be so upset and worrying over it)
i think you will get it when you initially filed the application, ssd or not...
but call and ask they arent that bad...lol..
good luck
and to be clear
SSDI has the 5 month waiting period
SSi doesnt...from when you file or when they say you are found disabled.
deltaelise
02-10-2008, 08:28 AM
I was supposedly awarded an On The Record last week, almost didn't happen due to miscommunication between lawyer and judge but I called in time to make sure they had the correct paper work.
I won't believe it until I see it though.
At first the interviewer said I qualified for SSD but two years later when my case finally got to the office of hearings and appeals, they said I only qualified for SSI. I freaked and wondered if I had to start all over because of the interviewers mistake. They said no but I had to fill out alot more paperwork.
Due to my health, my lawyer asked for the On The Record.
I guess I can only wait some more until I hear something but my advice to anyone is to keep calling your lawyer to see what is going on.
auntduci37
02-10-2008, 09:37 AM
Well the way i read your post, it will go back to when you filed, how long before were you considered disabled?
i dont think they will go back like alot of years but i have heard they can go back to a certain amount of time.
So yeah if you cant wait just call them, but i would think it would be back when you filed.
you got the award, enjoy it...
if they said you only qualify for ssi, then sounds to me like they just s*****ed it from ssd, to ssi..so i wouldnt worry, just start getting excited..lol..
whoohooo
deltaelise
02-10-2008, 03:47 PM
Oh, I forgot to say, they only agreed to the OTR if I said they could change the date to March of 2007.
In all honesty I was born disabled with severe mental problems and now have so many physical problems I can't do much of anything so I would agree to any date they put in front of me as do so many others I have read about.
Thanks :)