Social Security Insider - Latest Comments in What If the Social Security Judge Asks You to Change When You Became Disability

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Trent Hall — Thu, 09 Nov 2017 10:25:58 -0000

I was asked to change my date by a year, reducing my benefits by over $20,000. I refused. The judge looked at me, smiled, and said "really?"

Then he proceeded to tell me, a 60-year old filmmaker (35 years as cameraman) that I was not entitled to disability because he felt I could find work as an "industrial cleaner" or a "factory box packer" two years before social security.

This is in spite of 15 years of medical records showing a history of back injury, diabetes neuropathy, siattica and chronic pain.

These judges see themselves as controllers of purse strings, not fact finders. They are vengeful and Napoleonic pinheads.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

deja vu too — Thu, 07 Apr 2016 02:08:07 -0000

I was asked to change my onset date also, do you think that is a good sign that I will get it? I waited almost 2 yrs before going in front of the judge.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Wed, 08 Apr 2015 18:43:41 -0000

A person in this situation can appeal (just the same as if the case was denied): http://www.socialsecurityin...

However, an appeal requests a review of the ENTIRE case, even the favorable determination. This means the Appeals Council could overturn or send back for review the "favorable" decision.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

#feelingscrewed — Wed, 08 Apr 2015 16:42:36 -0000

my question is if i filed for disability in 2013 june, i won my case fully favorable starting feb. 2015, how can i fight to get my onset date set back with some back pay. My atty will not fight due to fully favorable is there anything i can do to get onset date changed

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Tue, 07 Jan 2014 12:15:28 -0000

As noted in the post, if the ALJ is focusing on the onset date, it suggests the judge isn't worried about whether to approve the case, so much as selecting a date the disability began. Hopefully, that is the case with your claim. Good luck!

Re: What If the Social Security Judge Asks You to Change When You Became Disability

granny63 — Mon, 06 Jan 2014 22:33:20 -0000

I was asked to change my onset date. The VE never said a thing. Its been 47 days and they say its with the decision writers Is that good.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Bre — Wed, 29 Feb 2012 01:53:26 -0000

you will get back pay beginning 5 months from the onset date

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Niqua — Sat, 29 Oct 2011 20:43:18 -0000

I appied for benifits in July of 2008 and was denied by the ALJ without a lawyer. I got fustrated and gave up. The next time i applied I got a lawyer and started all over again. I just recieved my fully favorable decison in october 21,2011 and the date I applied was August 11,2010 and the letter stated that my on set date was amended to May 7.2009. Im not sure what it means cans someone please explain it to me.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Fri, 10 Jun 2011 11:49:11 -0000

I had no idea so I asked around. It is not clear if benefits started in July 2009 however there were back benefits paid covering 2008? OR, if back benefits were paid back to July 2009 only.

Assuming onset in 2009 (no back pay covering 2008 or earlier), the one response I received felt this was odd that SSA would request pay stubs for 2008.This isn't really an answer. Just that based on the information provided, it is odd.

Note: http://www.stasiukfirm.com/...

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Bill — Wed, 08 Jun 2011 09:31:03 -0000

Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009.

I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009.

Why would they do that? Am I in danger of losing benefits?

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Sun, 15 May 2011 23:46:16 -0000

You suggest that you still have an open case. Also, I presume you mean that you are past your date last insured: http://www.socialsecurityin...

Barring a few very limited exceptions, an onset date can (usually) be changed. However, an individual has to notify Social Security (and preferably the Social Security office working on the case) of the intent to change the onset date.

Of course if the onset is being changed to preserve DIB eligibility, the amended onset has to be before the DLI.

Honestly, changing the onset date is a simple as notifying Social Security. The tricky part is usually proving disability as of the earlier onset date.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Tanter710 — Sun, 15 May 2011 22:57:41 -0000

I applied for social security at age 52 and did not know my work credits had expired. So SSA automatically put me in for SSI. On my phone interview I gave them an onset date of January 2009 and wonder if there is a possibility the onset date will change from the application date of 12/2010 to at least 01/2010 when I still had work credits due to my severe neck arthritis that doesn't just appear over night.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Tue, 22 Feb 2011 14:11:39 -0000

An appeal to the Social Security Appeals Council (AC) is not a new claim. It is an appeal from a prior decision. An outright approval from the AC is effective on the lower judge's decision.

It is more common to see a Remand from the AC (the decision is thrown out and the case is sent back for a new hearing). However, an approval can be a better result since it does not require a further hearing. Of course, since I have not seen your paperwork, I am only speaking generally. I cannot say what say what the AC is doing in your case.

After a case is approved, Social Security decides the amount of back benefits and ongoing monthly benefits: http://www.socialsecurityin...

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Dc_lmb — Tue, 22 Feb 2011 09:45:12 -0000

i had a alj hearing he found me not disabilied on july 28 2010 i appealed to to council filed new app they found me disabilied on july 29 2010 what happens to the first app i filed did not get backpay and no medicad 1 am a 40 yr old male with 4 severe impairments THANKS

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Mon, 28 Jun 2010 16:23:02 -0000

You can ask your attorney to follow up with the Judge's clerk. A phone call checking the status usually brings things back to the top if they have gotten buried.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Alcaholicdemon — Sun, 27 Jun 2010 16:14:28 -0000

the judge has asked for a new onset disability date.how long after our lawyer submits a new date can we expect to get a answer.its been over 3 months since our court date.submitted a new date 3 weeks ago?

Re: What If the Social Security Judge Asks You to Change When You Became Disability

lisa miller — Tue, 25 May 2010 17:13:51 -0000

2 months after our court date the ss has sent a letter to our lawyer stating that we must change our aou or my husbands case would result in a denial.is this a good or a bad thing?why did they wait so long.and why a change,since its only like a 3 or 4 month difference.also my husband has been drawing unemployment benefits,which have recently stopped will that effect the final decision also?

Re: What If the Social Security Judge Asks You to Change When You Became Disability

TomaszStasiuk — Mon, 24 Aug 2009 15:42:42 -0000

If you don't know what your lawyer did, keep asking until you get a straight answer.

While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is "fully favorable" instead of "partially favorable," because all the issue have been resolved.

See my article on partially favorable decisions: http://www.socialsecurityin...

Re: What If the Social Security Judge Asks You to Change When You Became Disability

robertisco — Mon, 24 Aug 2009 01:30:18 -0000

I had a hearing with my lawyer and ALJ a week and a half ago.The ALj asked the expert Dr. if I meet ss guidlines and he said yes and gave him the aod I had put down.The ALJ then had my lawyer take me out and tell me he would approve my case if my aod was ammended.My Lawyer said to take the offer,we were rushed so I agreed.Basically, change the date and your appoved.Does that mean Full Approval or partial approval? I cant seem to get a straight answer from my lawer.He said congrats and it loks good and your over the biggest hurrdle.I'm still totally confused.It sound like he moved it from x/06 to x/07 1 yr.ahead.

Re: What If the Social Security Judge Asks You to Change When You Became Disability

Nate Craig — Fri, 29 Aug 2008 09:31:23 -0000

Thanks for reading my blog. I have been in and out of the office so much the last month with a sick wife. She is doing great and is back to normal. I will try to get on and post some more now that my life has returned to normal.