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Old 11-22-2011, 05:49 AM   #1
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Partially Favorable Decision, No Back Pay, Should I Appeal?

Had anyone been successful in appealing a Partially Favorable decision with the onset changed and no backpay received? My Judge decided to change my onset date to the date of my 50th birthday so I would win on the Grid Rules. My original onset date was April 7, 2010. I was out on STD 2X, once in 2008 and once in 2009 for 3 months. I tried to go back to work for 4 months and just could not deal with my pain and had to resign in April of 2010. In my decision, the judge said he carrried more weight on the opinions of the State's doctors than my own treating physicians, pain specialist, etc. This is insane! These doctors have never met me before and as we all know, sometimes reading an MRI, etc without meeting the patient you cannot possibly get a full evaluation of what is going on. This should not be allowed in my opinion! At any rate, I was wondering if I should go this route and possibly risk my monthly benefits and/or getting my partially favorable decision denied altogether. I am also not confident that I can receive benefits while appealing the onset date. Any help you could provide would be appreciate!! Thanks!

 
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Old 11-22-2011, 06:02 AM   #2
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Re: Partially Favorable Decision, No Back Pay, Should I Appeal?

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.

 
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Old 11-22-2011, 06:40 AM   #3
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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.

 
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