Experts Needed In Here

[hulamatt]

My Effective date for disability is off by 10-12 months, and within the 12 month rule before application......My question, I want to appeal it because this means an extra 14.000 dollars, but would i have to appeal the entire decision and not get my payments until it is finished appealing, basically i want to appeal the effective date but keep getting payments.

Next question, i was told i cannot manage my finances, I can, total BS, how would i go about getting this changed, is that an appeal that will stop my payments.

Wish it was like the VA, but then i would have to wait 5 years

[Pete53]

I am not sure but there is no 12 month rule that I am aware of except that the people who handle the original application are only able to go back 12 months on back pay. Even though you won you can and should appeal never leave money on the table.

[Berta]

I am familiar with the SSA reconsideraton process which-for my husband- provided him with a more favorabgle EED for his SSA disability benefits.

"but would i have to appeal the entire decision and not get my payments until it is finished appealing, basically i want to appeal the effective date but keep getting payments."

His payments never stopped when he filed the reconsideration.

SSA did tell him he could lose the SSA he was getting because they give it all a good review again - but we went forward in spite of what they said and I prepared his reconsideration request.

He won and they sent him about 17 thousand additional.

I advise that you find a SSA lawyer to help if you chose the reconsideration. I don't know what format SSA has for just appealing the EED.They have to sort of reconsider what they awarded and then consider any additional evidence.

I went to the SSA office and they allowed my to see their rules and regulations and they also let me xerox a few pages.

I found a regulation that they had not applied to his claim and it manifestly had changed the outcome. (sort of like a VA CUE)

Using that regulation and additional medical evidence I was able to challenge them and it was to his benefit.

If you get a lawyer and they wont help you try another SSA lawyer.I called a SSA lawyer up, who told us he would not help woth the reconsideration, to tell him he had lost 4500 bucks or more- a fee he didnt get because he didnt even want to see out evidence.

I told him he could get a good job at the VA.

If the SSA proposed incompetence you can appeal that. I dont know how that is done.When they redid my husband's award they (SSA) declared him incompetent and told him he cold appeal that if he wished.That was good, he knew when I read him the SSA regulation that the SSA had erred and owed him money.But he didn't care, he liked being incompetent.

His reconsideration award was dated in Spring 1993 but the EED due to it was Nov 1991.

The best thing I feel you can do wioth both the EED in question and the proposed incompetence is to get a good SSA lawyer (not the one we went to ha ha) -and try ALLSUP too.