Ask Larry

Do These New Facts Change Anything?

hello Larry
it is me again- i got your reply and hope you can get back to me-
my facts were NOT correct-
-i fixed them below..
so,now i would fit into a category to rec more money ?

my husband died in May 17, 2013.

> my application for widows benefits ***was completed on Jan 22, 2016
>
> -i had applied for disability in 2012 but was denied over and over by the
>same judge-
> final denial December 2015
>
> ***i reapplied for disability without a lawyer
> and
*********was **approved for disability ** 12/2/2015,
> [ the same month and year the judge denied me...]

SO....
I WAS DISABLED BEFORE I APPLIED FOR WIDOWS-
[BUT I DIDN'T GET THE NOTICE OF DISABILITY UNTIL MAY 8 2017]
AGAIN DISABILITY DATE 12/2/2015
> thank you for your time
> s

Hi S,

The pertinent issue is your date of entitlement to each type of benefit, not the dates you filed or received your notices.

In order for your disability approval to increase your total benefit amount, either a) your disability benefit (SSDI) rate would have to be higher than your reduced widow's rate or b) your date of entitlement to SSDI would have to be the same as or earlier than your date of entitlement to widow's benefits. And, you need to consider the fact that there is a 5 full month waiting period from the date that you were determined to have become disabled and your month of SSDI entitlement.

Therefore, if the Administrative Law Judge that approved your SSDI claim ruled that you became disabled in December 2015, your entitlement to SSDI benefits wouldn't have started until May or June of 2016. And, if that was later than the month that you became entitled to reduced widow's benefits then your SSDI benefits would just offset your reduced widow's benefits dollar for dollar (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300615420). In other words, if that's what occurred in your case then your SSDI approval wouldn't increase your total benefit rate unless your SSDI rate is higher than your original reduced widow's rate.

Best, Jerry

Category: 
Posted: 
May 31 2018 - 9:13am
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