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Can you appeal the disability determination date?

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C

Crimsicle

Junior Member
What is the name of your state? Tennessee

My sister is about to receive her first SSDI check. She applied in April of 2004, and got her eligibility determination in August. She is a disorganized mess and can't find her letters. But...she is pretty sure her disability date is August! I can't IMAGINE that they would assume she wasn't disabled until the date of her approval, but nevertheless.... Let's assume she's right. The last day she was able to work was October of 2002. Is allowable to appeal the disability determination date so she would be eligible for some back pay? She's afraid she's going to "mess up" the receipt of any checks if she rocks the boat. I say, rock that sucker!
 


Y

You Are Guilty

Senior Member
Crimsicle said:
What is the name of your state? Tennessee

My sister is about to receive her first SSDI check. She applied in April of 2004, and got her eligibility determination in August. She is a disorganized mess and can't find her letters. But...she is pretty sure her disability date is August! I can't IMAGINE that they would assume she wasn't disabled until the date of her approval, but nevertheless.... Let's assume she's right. The last day she was able to work was October of 2002. Is allowable to appeal the disability determination date so she would be eligible for some back pay? She's afraid she's going to "mess up" the receipt of any checks if she rocks the boat. I say, rock that sucker!
Click to expand...
You certainly can. And yes, you do run the risk of pissing of the ALJ by doing so, but you can appeal any un- or partially favorably decision they issue. NOtably, people who appeal with counsel win their appeal something like 8x more often then self-represented folks. Something to think about, as the payment for the lawyer will only be a small portion (usually 25%) of the back award.


Good luck.
 
B

bjl1105

Member
Crimsicle said:
What is the name of your state? Tennessee

My sister is about to receive her first SSDI check. She applied in April of 2004, and got her eligibility determination in August. She is a disorganized mess and can't find her letters. But...she is pretty sure her disability date is August! I can't IMAGINE that they would assume she wasn't disabled until the date of her approval, but nevertheless.... Let's assume she's right. The last day she was able to work was October of 2002. Is allowable to appeal the disability determination date so she would be eligible for some back pay? She's afraid she's going to "mess up" the receipt of any checks if she rocks the boat. I say, rock that sucker!
Click to expand...
Yes, you can definately appeal the date of onset and would be smart to do so! All benefits that have already been awarded will not be changed as a result of the pending appeal. She will get paid while the appeal is being decided. She must file the appeal within 60 days. good luck.
 
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