Social Security Rulings are policy interpretations issued by the SSA. Social Security Rulings are binding on all components of the SSA, and are to be relied upon as precedents when adjudicating other cases. See 20 CFR 402.35(b)(1).
Social Security disability lawyers refer to the Rulings regularly. The Rulings contain very useful explanations of SSA's policy, and
This Google search question led a recent visitor to the blog: Can disability go retroactive from the onset date rather than the date you apply for benefits?
I will answer that question right now.
Disability benefits are never paid retroactively from the onset date, because by definition you were not disabled prior to your onset date. However, both your onset date and your filing date are relevant to the determination of your benefits.
For an SSI claim, benefits begin on your filing date if your claim is granted. There are no benefits available prior to your filing date for SSI, regardless of your onset date.
For Social Security disability, retroactive disability benefits are paid for up to 12 months prior to your filing date, depending upon the interrelation beween your filing date, your onset date and the 5 month waiting period.
Benefits begin 5 months after your onset date. However, retroactive benefits do not extend further back than 12 months prior to your filing date. Let's look at an example.
I had a Social Security disability hearing with an administrative law judge at the Manchester, New Hampshire ODAR recently. I prepared a hearing memorandum for the judge, as is my practice.
The judge acknowledged my hearing memorandum, and said "I wish more of your colleagues would prepare them."
A hearing memorandum is not required at the Manchester ODAR, but you should submit one
An award of disability benefits under the Social Security disability insurance program comes with Medicare insurance. But not right away. Rather, the insurance begins two years after your date of entitlement. Your date of entitlement is your onset date plus the 5 month Title II waiting period.
In a typical disability case, that
I received a fully favorable decision today for one of my clients. It was an unusual case, because I never spoke with the client until just before the hearing.
The client found me in March through my Maine Social Security lawyer website, and emailed me. She has such severe anxiety that she does not use the
A client of mine just obtained a fully favorable decision at the Reconsideration level.
In this particular case, Social Security assessed a residual functional capacity at the light exertional level. Since the claimant's past relevant work was also at the light exertional level, the claim was denied at step 4 of the sequential evaluation process. After
A Social Security disability lawyer can assist you with your disability or SSI claim. Here are five ways an experienced disability lawyer can help:
The most important task for a lawyer is to develop a winning theory for your claim. This should be done as early
There are three possible decisions for a Social Security disability claim: fully favorable, unfavorable, and partially favorable. A partially favorable decision grants part of a disability claim.
Occasionally, a partially favorable decision makes a determination that you were disabled for a period of time, but are no longer disabled and not entitled to ongoing benefits. This
There is a misconception that to be eligible for Social Security disability, you must be permanently disabled. I have heard this from clients, from doctors, and from vocational rehabilitation specialists.
For clients in particular, sometimes the thought of being permanently disabled can be a barrier to applying for disability benefits. People always hope they will get
Social Security defines by regulation the “acceptable medical sources” that can establish your medically determinable impairments and their severity. Physicians and psychologists are of course included. So are optometrists (only for matters of visual acuity and visual fields) and podiatrists (only for impairments of the foot).
Notably, licensed clinical social workers, counselors and therapists are