• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Re: Dispute Date Of Ssdi Entitlement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

slc1995

Junior Member
Re: Dispute Date Of Ssdi Entitlement

What is the name of your state?What is the name of your state? New Jersey

My wife recently received notification that her claim was approved to receive
Social Security Disability Insurance (SSDI) benefits.

In a former posting, I eluded to the fact that her disability began in 1987 and she submitted a claim for SSDI benefits and was approved after appealing
before an Administrative Law Judge (ALJ). She recd benefits from 1987 up until 1995. At that time, her medical disability became more progressive and
she failed to submit documentation to maintain the SSDI benefits hence her
entitlement was ceased.

Here it is TEN YEARS later, and we electively decided to reapply for
SSDI entitlement. She filed a new application in February 2005. Although
we understand that SS will only go back ONE YEAR from the date of
filing an application if approved......they are listing a NEW DATE of
Disability Entitlement as March 2004 rather than what was originally
determined by an ALJ as March 1987.

The reason this is important to see if we can contest and appeal the
new date of entitlement....is that she would not be entitled to
MEDICARE PARTS A&B Coverage for TWO YEARS AFTER THE DATE
of the Listed Date of Disability Entitlement which would mean that she
wouldn't be eligible for Medicare until March 2006.

Are we able to file an appeal to contest the date that they have
determined as her onset date of disability to reflect the "ORIGINAL
DATE" since documentation presented to SS supports the time frame
window going back to 1987.

We are not contesting the amount of the award at this point realizing
that SS will only go back ONE YEAR.........but.......we are contesting
the date of her onset of disability. Can we file an appeal to
effectively reflect the true onset of her medical disability if information
provided supports this notion??
 


Whyte Noise

Senior Member
Yes, you can dispute the onset date.

However, you should know that disputing one part of the decision reopens the entire decision for review, not just the part you are disputing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top