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Established Onset Date of Disability several years before application

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Frankdafixer

New member
My wife just got a favorable ruling from a disability judge. She initially applied for disability in 2016, but she alleged her disability began in 2009. After providing medical evidence, the judge determined that her established onset date to be 12/31/2009. We just received the award letter and they are awarding benefits from 9/2015 (a year before the application). Is there any way to appeal to get backpay from 12/31/2009?
 


Taxing Matters

Overtaxed Member
My wife just got a favorable ruling from a disability judge. She initially applied for disability in 2016, but she alleged her disability began in 2009. After providing medical evidence, the judge determined that her established onset date to be 12/31/2009. We just received the award letter and they are awarding benefits from 9/2015 (a year before the application). Is there any way to appeal to get backpay from 12/31/2009?
SSA states in its policy manual the following regarding retroactive disability payments: "We can allow retroactivity up to 12 months for DIB claimants and his or her auxiliaries (i.e. child, young spouse). However, retroactivity cannot be before the NH’s date of disability onset or 5-month waiting period." DIB refers to disability insurance benefits. So it appears that when the disability onset date is before the date of the application for benefits the most you can get is benefits for the 12 months preceding the date of application. In short, it appears the SSA followed the rules in determining what to pay your wife.
 

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