ptsd Ssdi Time Limits For Backpay? Lawyer Is Confusing Me.

[10thFO]

I was contacted by my lawyer this past week, and she informed me that SSDI was granting a disability to July of 2004, in which it started non able to work. I had filed for July '03 at first. She told me that since the form was filed in May of 2007 I am only eligible to be backpayed for 12 months, which would be May of 2006. I am completely baffled by this, as the lady at the SS office when I filed my claim for SSDI told me that if approved they would backpay me all the way back to 2003. So I'm looking at a difference of from being close to 70K in backpay, to about 25K.

I'm looking like crazy in the CFR for SS but so far, I'm drawing blanks. I have a feeling that my lawyer is just trying to get me to take the date they have already approved so she doesn't have to represent me in front of the judge. She's already going to get her set amount, and can't make anymore if I appeal for an earlier effective date.

At this point I wouldn't appeal it any further for that anyway, as I really need "any" money I can get. I just would like some other opinions because if I find out my lawyer is just trying to get me out of her case file, I will be sure to let other veterans know about it, as she came recommended quite highly to me from other Vets. I just hope she hasn't been shafting other vets the whole time in the "amount" of energy she was expending on them.

My reconsideration was quite easy, as my 6 week PTSD in patient was what they based my current approval on. I just didn't have an active enough Dr's visit on my application, and didn't realize at the time that was an issue.

[Pete53]

I think I can explain it but I have no regs to go by except what happened on Hadit and others I have personal knowledge. The people who administer SS I will call the Local or Regional Office are limited on back pay to 12 months. However if you Appeal and an Administrative Judge approves the back pay can go back farther. I know one friend who was paid for over 5 years by the Judge.

I think that you should talk to someone and get all the information before you decide. Many I am afraid would be tempted to take the 12 months and go fishing but I guess you could still appeal it?

[jbasser]

It goes back to the they find you disabled minus 6 months. So if you filed in June of 03, then it would be January 04. The only way you get the treatment is the attorney has played lets make a deal.I have heard of instances where The SSA is able to negotiate. For example, they told your Lawyer they would approve back to a certain date. If no they would deny it causing you to file an appeal.

You can look at this at SSA website.

Also do not panic if your first check is an SSI check. It is not a mistake but they will take it back out of another check.

[Berta]

Pete -maybe this vet is still within the Reconsideration request period to challenge that SSA date?

I used the SSA regs that were right at the SSA office to file a reconsideration request for my husband-they went back beyond one year to his last date of work when they awarded the reconsideration request.

He applied in 1992 as I recall and they gave him the date he had a major stroke as the SSA EED.

I had read in their regs that they must consider ALL disabilities anyone has and they never considered his PTSD records.

A SSA lawyer tried to talk us out of filing the recon request-and would not take the case .

I am stubborn and did it anyhow- and called the lawyer 3 months later to tell him he just lost over 4,000 bucks, -he said why?-I said

because the SSA just awarded Rod for PTSD back to late 1991-the last day Rod could work- and Rod got 17,000 more SSA retro.

The lawyer assured me from that minute on that he would consider PTSD SSA claims much more carefully.

Their regs might be at the SSA web site- and they are in every SSA office- it was awful trying to find them though-they let me look through their law books but gave me no help at all.At least they had a xerox machine so I could copy what I needed.

Edited October 24, 2007 by Berta

[yoggie2]

Sounds a little like what I'm going through with SSA your lawyers are set a set max of what she is paid I'm pretty sure it $5300 is the MAX and back pay srats from the after the first 6 months you last worked.

[10thFO]

Berta,

Am I understanding you correctly, in that they awarded Rod the one date, you recieved the money and then further appealed it for an earlier effective date?

SS just called my yesterday evening to tell me they had approved me, I'm waiting for a paper to be mailed, so I can send the Adoption Decree for my son as they have to have the date and that in there file to pay me his benefits. Hopefully when I get that, it will explain a little more if not, I think I will call the woman back and ask her what they are showing for the effective date of pay. Like I said earlier, I didn't file until May of 2007. I told them when they asked why I waited so long, that it was part of the PTSD, I really have issues with the gov't and authority figures, and I can't handle any kind of stress without it sending me of the deep end. Psychiatrists paperwork says the same thing from the VA.

I don't know if I will be able to appeal if I don't think they went back far enough, but I think it would be very easy to win a case for earlier backpay, based upon the PTSD and my repercussions from it. I'm still combing through their CFR but I know that will take a few more days from my experience with the CFR for the VA.

[Philip Rogers]

Be careful w/your atty. Mine did the same thing. She got paid the max and wouldn't appeal for the EED. Although my award was 8 yrs ago I intend to appeal it within the next month. I would await payment receipt, transfer it to another bank account, in a different bank, then file an appeal. You should continue to receive monthly checks while on appeal. It'll probably need to go to an ALJ hearing to get the EED. The ALJ can establish an earlier disability date and an earlier eligibility date. jmo

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