Ask Larry

Do You Know Of Anything That Could Help My Situation?

I was awarded SSDI in October . I was also told I would receive no back pay due to the fact that the judge rendered me disabled March 25 2021. One day before I turned 50. My lawyer told me that I would receive back pay for SSI and SSDI from date of filing which was Sept 2019. Why the judge did that is beyond me when I had my NCV'S showing I was chronic since Feb 2020. I been receiving injections in spine and hip since 2018 and was on opioids. I stopped opioids because I became addicted . So the judge acted as if pretty much such I no longer take pain meds I guess I'm good. He kept on talking about my 10 yr old son that is disabled as well that I take care of him well I have no choice he's my son. I felt humiliated worthless and extremely angry that I was treated unfairly and nothing I could do about it. I was told if I tried to pursue Backpay I could ultimately loose my benefits . I was scared so I'm dealing with it . I have no transportation at all no money to purchase any type of vehicle . I owe everybody and the judge didn't care at all. Since this my mental state has been terrible as if no one cares . I don't understand why I was treated so unfairly . I so desperately needed that back pay so I could take care of all I owe and be able to live more comfortable. I'm at a loss hurt and just don't get it . SS will not speak with me about anything. They are so cruel . I would have never left my job if I wasnt in so much pain daily . I made good money . If you know of anything to help my situation please let me know sir. I would greatly appreciate it.

Hi. My expertise is limited to Social Security benefits, so I don't know if you could qualify for any other types of benefits. You might want to search the internet for agencies in your area who provide assistance to people with disabilities.

As for your Social Security options, since your disability was allowed at the Hearings level the only way that you could get your established disability onset date moved to an earlier date would be through the appeals process. The next step of appeal for you would be to request an Appeals Council review, but you must normally request that review within 60 days of the notice of your Hearings decision. If the Appeals Council decides to let the Hearings determination stand, then your only possible recourse would be to file a civil suit in a federal court (https://www.ssa.gov/benefits/disability/appeal.html?tl=3).

It's theoretically possible that pursuing a further appeal could cause your partially favorable determination to be overturned and reversed to a disallowance, but that would be extremely rare. Since you were apparently represented by an attorney at your Hearing, I would suggest discussing your possible further appeal options with him or her.

Best, Jerry

Posted: 
Dec 18 2021 - 11:15am
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