What if the Social Security judge wants me to change the date my disability began?

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.

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.socialsecurityinsider.com/2008/06/i-…

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?

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.

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.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

You suggest that you still have an open case. Also, I presume you mean that you are past your date last insured: http://www.socialsecurityinsider.com/2008/08/date-last-insured/

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.

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?

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/disclaimer/

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