Can you appeal a disability back pay decision?Topic: Back pay Question: Can you appeal a disability back pay decision? So, if you get approved for disability but are unhappy about the amount of backpay that Social Security says you will be receiving, can you file an appeal for that? Well, the amount of disability back pay that is calcuated is pretty much out of your hands. That said... Yes, you can appeal your onset and perhaps get more back pay. What is onset? Onset is when the Social Security Administration decided you were eligible to receive benefits based on having satisfied or passed the SSA definition of disability. Which essentially says that your condition must have lasted or will last a year and is severe enough to keep you from working and earning a substantial and gainful income at one of the jobs you've done before, or at some other job that your education, skills, current capacity (mental or physical), and age do not rule out. Note: age is a factor in disability decisions. This (appealing your onset) would be true, however, only if you were receiving Social Security Disability, a.k.a. SSDI, a.k.a. SSD. If you receive SSI, your protected date of filing determines the back payment not the you became disabled. If you are receiving Social Security Disability based on your earnings, you are able to appeal as I stated earlier. However, an onset appeal technically opens the entire disability claim for another decision. It could be determined by another judge that you are not disabled. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Does Social Security send you to their doctors? Using the right medical evidence to win disability benefits Does sleep apnea treatment qualify a person for temporary SSI disability? Can working hurt my disability case I have a hearing coming up? Can I get disability with a frozen shoulder? Can a husband and wife both receive Social Security Disability? Can you appeal a disability back pay decision? How far does Medicare back pay? Does Social Security Disability require that your savings be depleted? What if I don't get a decision on my SSI claim by the 90 day period? Why does the Social Security Administration want me to see one of their doctors? Will I lose my Social Security cash benefits for my children if I get married? Do I receive Social Security Disability for the rest of my life? Can attorneys get SSDI and SSI cases to the Administrative Law Judge faster? |
