Appealing to get a better onset date can be risky   My husband was granted monthly disability income beginning 5 months following his 50th birthday. He was denied a lump sum, although his disability began several years before his birthday. The disability letter stated his disability began that day. The letter did say we could file an appeal, but the attorney did not recommend filing a claim, as he said my husband could lose the monthly benefit awarded. Any advice would be appreciated. He has not been able to work for almost 5 years and was working long after he should have stopped. Thank you My guess would be that your attorney is absolutely correct in advising you not to appeal the date of onset for your husband's disability. Social Security Disability vocational guidelines are based upon age, education, vocational background etc. At the age of 50. the vocational guidelines are more favorable than at age 49. For your attorney to advise against pursing an earlier onset, they must feel that your husband would not be approved for disability benefits if the decision is based upon the ages of 45-49. While it is not common, a Social Security ALJ can overturn an approval for Social Security Disability benefits should they be requested to review the case on the basis of an earlier onset of disability. If they determine that he was not disabled at that time, they may feel he is not disabled at 50. It is a chance, every disability beneficiary takes if they file an appeal for an earlier date of disability. For Social Security, it does not really matter that he worked long after he should have stopped working or that he has not worked for five years. It is strictly an evaluation of your husband's disabling condition and when the vocational rules and medical evidence support a finding of disabled. And in your husband's case, it was his 50th birthday. Then, of course, there is the five month waiting period all Social Security Disability beneficiaries have. 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: The Levels Of The Social Security Disability and SSI Application and Appeal Process How does the Social Security Disability Appeal Process work? Is it better to appeal or file a new claim if your disability is denied? How Long Are You Given To Appeal Your Social Security Disability Denial? How Long Does a Social Security Disability or SSI Appeal Take? Will I be approved for disability on my appeal? What Happens If I Miss My Social Security Disability Appeal Date? How Do I Find Out How My Disability Appeal Is Going? Can You Work While You Appeal Your Social Security Disability Decision? How Long Does It Take To Get SSDI If You Have To Appeal? If Your Disability Benefits Are Stopped Can You Get Them While You Appeal? Winning a Social Security Disability Appeal or SSI Appeal