Not Sure

[cooter]

I was forced to take disability retirement from work (Federal) because of SC of knee. If I file for SSD because of knee and nothing else I'm sure they'll deny me for obvious reasons, such as, I could work sitting down, etc,etc. Ok with that said, say they approved me because of knee and other issues later down the road. My question is, will I be able to get retro from the last day of my disability retirement or retro from the later? Hope I explained this good enough.

[stillhere]

I was forced to take disability retirement from work (Federal) because of SC of knee. If I file for SSD because of knee and nothing else I'm sure they'll deny me for obvious reasons, such as, I could work sitting down, etc,etc. Ok with that said, say they approved me because of knee and other issues later down the road. My question is, will I be able to get retro from the last day of my disability retirement or retro from the later? Hope I explained this good enough.

I am pretty sure even if you are awarded that they would only go back a max of 12 months from what I have heard and seen. If I am not correct I am sure someone will correct me.

My claim has been in since July and I do was forced to retire but in April. I did not file like I said until July but I am hoping for a start date of April. If they do approve me and I get a different date I plan to appeal.

Good luck to you!

[cooter]

I am pretty sure even if you are awarded that they would only go back a max of 12 months from what I have heard and seen. If I am not correct I am sure someone will correct me.

My claim has been in since July and I do was forced to retire but in April. I did not file like I said until July but I am hoping for a start date of April. If they do approve me and I get a different date I plan to appeal.

Good luck to you!

Thanks for the reply stillhere. I heard that also and also heard it can go back to the last day you worked. Maybe it's the last day you worked within the year.

[allan]

If they make an error in deciding your case, they must pay retro all the way back to when you filed. A decade in my case.

They should pay you back to when you filed, minus the one year waiting period.

You have to be 100% disabled one year in order to become eligible for SSA benefits.

But things may have changed since 1997 when I won SSI.

Call your local SSA to make sure.

Edited October 24, 2010 by allan

[stillhere]

If they make an error in deciding your case, they must pay retro all the way back to when you filed. A decade in my case.

They should pay you back to when you filed, minus the one year waiting period.

You have to be 100% disabled one year in order to become eligible for SSA benefits.

But things may have changed since 1997 when I won SSI.

Call your local SSA to make sure.

IF the SSA makes an error and it is proofed it goes all the way back to the date of claim but If they do not grant based on the evidence supplied and grant after additional evidence is supplied then it can ONLY go back a max of 12 months is that correct?

[Berta]

"If they make an error in deciding your case, they must pay retro all the way back to when you filed. A decade in my case."

I am surprised to see that much retro Allan- then again they made legal error (per SSA regs) in my husband's case. He got a SSA award 1993 (CVA)but we filed for reconsideration based on the error and he got new award for a different disability (PTSD) and it involved a lot of SSA retro as this newer award ,unlike the CVA award, went back to the last date he worked in 1991.

I had to prepare the reconsideration request in simliar way to supportng a VA claim (and I think there was a deadline)

with medical evidence as well as evidence from other sources (former employers etc)and spent hours at SSA searching their regulations and used one of them as evidence.It was the critical point of the reconsideration request.They had misapplied thios reg in the decision.

It took a lot of time to get it all together (no internet as we know it now) and we even contacted a SSA lawyer- who turned him down for representation.

A few months after we filed the reconsideration,SSA called and expalined the new award and the retro. I called the SSA lawyer up to tell him how much money he lost because he would not help my husband.

[Berta]

PS- SSA regs might have changed. The SSA web site is a good source of information and hopefully their regulations will be fond there.