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Old 01-10-2013, 04:45 PM   #16
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Re: New here i need help with ssdi hearing

Wow. Then that's a HUGE date change.

*DLI of 03/31/2011 can be an issue if you agreed you weren't disabled until after that date (Oct 2011).
*However, part of the agreement to move the Date of Onset to Oct 2011 may have included agreement that you reserved your right to SSDI since you did apply and go through the 3 stages (application then reconsideration then request for hearing) which all began before DLI passed. This is a KEY question for your attorney.

Hopefully the attorney clarified that:
*Date of Onset 01/2009 results in 5 full mo waiting period for SSDI of Feb, Mar, April, May and June of 2009 with SSDI beginning JULY 2009, Medicare eligibility July 2011.
*Date of Onset 10/2011 results in 5 full mo waiting period for SSDI of Oct, Nov, Dec 2011, Jan & Feb 2012 with SSDI beginning FEB 2012, Medicare eligibility Feb 2014.

If the attorney was asked by the Judge to consider changing to that date, you may likely be approved. The Judge is not seeing any medical records to substantiate you were disabled from working until the date of onset

By agreeing to amend the date of onset you loose the back pay from July 2009 through Jan 2012 (31 months of back pay you are now not eligible to receive). Since you applied in 01/2009 and had you been approved retro to 2009 you would have been eligible for all that back pay. So it's imporant to find out what was key to the change. It may be justified, you may have left work and then slowly began to see doctors and finally get to good diagnosis and treatment. If this took a while to get all the medical built as evidence that may be the reason.
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