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Ssdi Backpay

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68chstiger

Question

When I applied for benefits I put december of 2006 as the last date I had worked. I got the letter saying I had met the medical rules for disability. The letter went on to say they had determined that I did not meet these requirements until Dec 2007. So, my question is this, does the waiting period start at Dec 2007, meaning I would not be eligible until April 2008 or is the five months figured prior to Dec 2007? I hope this is clear enough to get a response, thanks

The reason they say it was Dec 2007 was I was admitted to the hospital and have to have another stent put in.

68chstiger

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  • HadIt.com Elder

I had a similar situation occur, and was successful in asking for reconsideration of the effective date. A review of the medical records showed that the date they used was that of the latest disabling event, not the earliest that could be considered. On the request, cite and provide copies of medical records showing earlier disabling conditions, even if the records duplicate those already submitted.

I was able to obtain a CD copy of all the records and documents associated with the first determination, and used them to prove that an earlier date existed. You will have difficulty in obtaining a date earlier than one year from the original application. Typically, they will go back to no more than one year, and then apply the waiting period. The laws permit an earlier date than one year under exceptional curcumstances, but getting SSA to go to an earlier date will requrie a lot of effort and likely repeated denial as you go up the system. In my case, the period that could have been awarded and was not amounted to six months.

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