Ask Larry

Do I Qualify For Full Back Pay?

(cont.) from jerrys reply concerning dac benefit back pay & grounds to reopen a (NH's) valid retirements benefit application
if the root isnt square to begin with
it will have systemic flaws. thus the logic is if the root was not proceeded with properly or with due diligence the best course of action would be lucky to come by from the initial application date.
my angle is
that i was too sick to file for ssi benefits at first since the hospital made the claim on my behalf didnt consult me & that ssa when meeting face to face with me before approving application did not describe or discuss any other benefits i may qualify for or if my disability began earlier perhaps which they say they dont do that but everything ive read says its mandatory that they even file a report as to why the claimant didnt file for any other benefits.
this allows them to reopen my dads retirement application because
theres an exception in being too sick to file for benefits and misinformation and proper procedural policy was not administered by ssa. this would have resulted in different outcomes favorable to the claimant and those benefits would have had to be described in writing in formal notices that u may be eligible for.
after considering this side of the story ....is it still remote? remember im left off as an auxiliary of (nh's) application. ive also found that section 515 u can ask the ssa to change incorrect information if u explain the significance and impact. but are they of the mind that the auxiliary is uninsured because theyre left off or because they dont exist like the ability to correct the misinformed claim. then why allow that petition?
grateful for ur reply----peter

Hi Peter,

Obviously, you know the full circumstances of your case better than I do, so you should present all of the facts to Social Security when you file your claim, and pursue your appeal rights if you are dissatisfied with their determination.

If you filed for Supplemental Security Income (SSI) or other types of Social Security benefits in the past, that may have established a protective filing date for disabled adult child's benefits. Here is the section of Social Security's operations manual describing that provision: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204025. And here is the section on misinformation if you believe that may apply in your case: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204008.

Best, Jerry

Posted: 
May 9 2017 - 7:15am
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