THEY CHANGED MY ONSET DATE & CUT MY BACK PAY
Social Security "back pay" is a lump sum payment for the period of time between the onset (beginning) of your disability and the time your claim gets approved. For example, you became disabled on June 1, 2017 but had to appeal and wait for a hearing. Social Security finally got around to approving you on September 1, 2019.
The period between June 1, 2017 and September 1, 2019 probably qualifies for 1 month of payment for each of those months (minus the mandatory 5-month waiting period). That's a considerable amount of lump sum back pay.
However, if Social Security amends your onset date, it reduces the back pay. Let's say for example they decide you were not disabled on June 1, 2017 but you didn't meet the rules for disability until December 1, 2018. All benefits between June 1, 2017 and December 1, 2018 will be eliminated. Your back pay just go cut!
What Are Your Options if Social Security Reduces Your Back Pay Due to Amending Your Alleged Onset Date (AOD)?
You may file an appeal with the Appeals Counci (AC). You will still get the reduced back pay and you will get your monthly check pending the outcome of the appeal. If the AC eventually rules in your favor (usually requiring a new hearing), you will get the remainder of your back pay.
CAUTION: When you file an appeal, the entire decision (the part you agree with and the part you disagree with) goes under review. You cannot appeal only the part of a decision you disagree with. So, the Appeals Council may take action that results in
The period between June 1, 2017 and September 1, 2019 probably qualifies for 1 month of payment for each of those months (minus the mandatory 5-month waiting period). That's a considerable amount of lump sum back pay.
However, if Social Security amends your onset date, it reduces the back pay. Let's say for example they decide you were not disabled on June 1, 2017 but you didn't meet the rules for disability until December 1, 2018. All benefits between June 1, 2017 and December 1, 2018 will be eliminated. Your back pay just go cut!
What Are Your Options if Social Security Reduces Your Back Pay Due to Amending Your Alleged Onset Date (AOD)?
You may file an appeal with the Appeals Counci (AC). You will still get the reduced back pay and you will get your monthly check pending the outcome of the appeal. If the AC eventually rules in your favor (usually requiring a new hearing), you will get the remainder of your back pay.
CAUTION: When you file an appeal, the entire decision (the part you agree with and the part you disagree with) goes under review. You cannot appeal only the part of a decision you disagree with. So, the Appeals Council may take action that results in
- A better outcome (You get the rest of your back pay)
- A worse decision (You get less back pay or no back pay at all; or you get no benefits at all)
- The same decision you have now
It is possible that the Appeals Council can review your case and take away all of your benefits, even the part you agree with, and leave you with nothing. In other words, they could find that the judge made an error, awarded you some benefits wrongly, and take away every cent of your award, including your monthly benefit.
So, partially favorable decisions must be appealed with extreme caution. When I tell a client that appealing a partially favorable decision puts the entire decision back into review (and they could possibly get an even worse decision), they often decide not to appeal.
I think this makes it obvious that great care must be taken to properly establish the onset date the first time around. Medical evidence needs to be presented to establish the date on which the claimant became unable to work. This avoids the problem in most cases, not that the judge cannot make a decision that we disagree with.
Comments
Post a Comment