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Old 09-27-2011, 10:50 PM   #1
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Exclamation Onset date and Backpay Delimna

In 8/09 I was terminated from my job b/c i could not perform my job due to my Aniexty/panic attacks and Sleep apnea. In 9/09 being scared and confused and having deep financial commitments and not sure about applying for SSDI, I applied for Unemployment. I had UI till 04/11 cause i got 3 extensions. In 06/10 i had studied up on ssdi and decided to apply cause I was unsure i could work a full time job. I was denied in 10/10 and did my reconsideration and was denied in 02/11, so I hired a lawyer and got a ALJ hearing 09/11, lawyer thought went well.

Now I'm under no illusion that i will probably not get much backpay if any at all b/c of UI but I am concerned about my onset date b/c it determines when im eligble for medicare. I know the the SSA and judge do not look highly on one so called "double dipping" and can ammend your AOD to co inside with the end of your UI benefits, even though the ALJ didnt ask me to ammend it at hearing.


Basically my question is, assuming I'm approved, Is it possible the SSA can split the dates for my backpay and onset date, meaning could they still award me my AOD of 09/09 for my medicare purposes, since it takes 2 years plus 5 months at the same time adjust my backpay for the Unemployment? Does anyone know if this can happen or has happened. Any feedback would be appreciated per Im new to this, thanks

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Old 09-28-2011, 06:49 AM   #2
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Re: Onset date and Backpay Delimna

I have never heard of them splitting things up like this because of UI. Best case scenario is that they give you an EOD that matches your AOD which would create an overpayment b/c of the UI that you could simply payback using the backpay and you'd still be that much closer to medicare eligibility. Before you were terminated by your employer, did you exhaust your FMLA? I assume your employer did not have STD/LTD options?

 
Old 09-28-2011, 07:14 AM   #3
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Re: Onset date and Backpay Delimna

Quote:
Originally Posted by BlueSkies14 View Post
I have never heard of them splitting things up like this because of UI. Best case scenario is that they give you an EOD that matches your AOD which would create an overpayment b/c of the UI that you could simply payback using the backpay and you'd still be that much closer to medicare eligibility. Before you were terminated by your employer, did you exhaust your FMLA? I assume your employer did not have STD/LTD options?
Blue, I was on STD frpm 05/09 to 06/09 for a total of 6 weeks for my sleep apnea but my PCP would not extend me any further even though I wasnt cured. then in 08/09 I was terminated.

 
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back pay, onset date, ssa, unemployment



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