1. I have been receiving SSDI for approximately 2 years. I have now requested back child support and am wondering how my benefit will be affected. (My child has just turned 19 and is in college.)
2. Any tips to get the judge to more likely approve you?
3. If I get back pay for SSI, and not qualified for future monthly checks because my ssd, my ssi back pay is going to send to Public assistance. Does my Dib pay me back for the SSI which was sent to Public Assistance?
4. Can you do a video about federal court process?

1. When social security does the Continuing Disability Review I assume they will ask for updated medical records. Will they give my doctor the opportunity to say how treatments are going and how I am doing?
2. Also, when you see Continuing Disability Review cases denied what normally are the reasons?
3. Is it possible i will find out the day of my hearing if it’s in my favor?
4. Would it be helpful if i have my 3 treating doctors write a letter to the Social Security Hearing judge?
5. With my long history of job loss, meds, and seeing doctors, 4 to 5 times a month do you think my chances are good on winning my case?
6. Can my onset date be from the 1980′s or 1990′s?
7. My father has been hearing that they take away five months of your back pay. Is this true?
8. How long will it take for him to receive his back pay?
9. Will the back pay be in one big check?

1)      I was told today when I called to check the status of my disability case.  I was told that it was closed and a decision has been mailed. What does that mean? Does that mean my case has been denied? What should I except in the letter?

2)      What I do if I think my representative is causing the delay in getting my disability benefits??

So, imagine this situation:  You’ve applied for disability benefits.  You get a bunch of forms.  You’ve spoken to a few government workers.   During the initial phase of the process, Social Security asks you a very simple question:

“When did your impairments prevent you from performing work?”

No problem.  You give them a date and then you move on.

Now, you’ve gone through the process.  It’s been months, maybe years, since you started.  However, you’re getting close to the end.  You’re finally there.   The end is in sight.  Then, suddenly, you get hit with this question:

“Would you consider amending your onset date to _____?”

Say what?  The outrage!  How dare you?  You have stressed, pressed, and gone through all of this drama and now Social Security is asking you to change the date you became disabled? Don’t they know they are cutting into your money?

Now, before you go and burn down the Social Security office, take a step back.  Most people who get offended by being asked to amend their onset date are upset because they don’t know why they are being asked to do it.

So, if you’re curious to know how to handle this situation, you should apply my W.W.E. (Why, What, and Explain) approach:

W – Why would they ask me to change my date?

1)      You are going too far back.

If your case is a Disability Insurance Benefits case, the most you can get in benefits is one year prior to the date of the application.  So if you applied on January 1, 2011 and you say you were disabled back on January 1, 1990, the most you will get is January 1, 2010.  Also, Social Security has to look at the entire period of time so it is easier to review a shorter time.

2)      You don’t have medical records that cover the period you are asking.

You bear the burden of providing that you are disabled.   Therefore, you must have medical records to prove you’re disabled.  Assume you indicated that your disability began on January 1, 2010 but you didn’t start getting medical treatment until August 1, 2010.  How will SSA know your impairments began before August 1, 2010 if you haven’t received treatment?

3)      You have earnings on your record.

The very first step of the disability benefits is to ask the question:  Are you earning substantial gainful activity (in other words, are you working?)?  With the exception of a few situations, SSA assumes you are not disabled if you’re working.

4) Your medical records provide a greater support of your case at a certain point

I know it’s easy to complain that you are have always been disabled.  However, the reality is that your medical records may show that your condition became more severe at a particular point.

W – What benefit (or detriment) does changing my date of disability have on my application?

1) Benefits

1. Makes your application easier (i.e. faster) to approve

If the onset date covers a period of time when you worked, when you didn’t have enough evidence, or went back too far, SSA has to develop your case and give you the chance to address the issues.   Sometimes, changing your date will address or eliminate those issues.

1. May help your case if you have a review from the Appeals Council

Most people don’t realize that if you get approved by a judge, the judge’s decision is subjected to review.  If there is an issue, it is very possible the Appeals Council may review the decision.   Addressing that issue in advance may keep your case from being overturned.

2) Detriment

1. You may lose money

Depending on the date, you may end up losing back pay.  As such, it’s important to know how much money you may lose.

1. You may lose eligibility to a program

Under the Disability Insurance Benefits program, the date you are disabled must be before your insurance coverage expires.  If you change your date to after that date of insurance coverage, you won’t be eligible for the Disability Insurance Benefits program.

E – Explain to me what happens if I agree to change the date!
I can’t emphasize this point enough.   Ask, ask, and ASK again what effect changing your date of disability has on your case.  The last thing you want to see is a situation where you think you know how this is going to impact you and you find out that you are wrong.

I hope today’s video is useful for you:

1) HOW DO I CONVINCE SOCIAL SECURITY TO EXTEND MY DEADLINE FOR MISSING AN APPEAL?

§404.911 Good cause for missing the deadline to request review.

(a) In determining whether you have shown that you had good cause for missing a deadline to request review we consider—

(1) What circumstances kept you from making the request on time;

(2) Whether our action misled you;

(3) Whether you did not understand the requirements of the Act resulting from amendments to the Act, other legislation, or court decisions; and

(4) Whether you had any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which prevented you from filing a timely request or from understanding or knowing about the need to file a timely request for review.

(b) Examples of circumstances where good cause may exist include, but are not limited to, the following situations:

(1) You were seriously ill and were prevented from contacting us in person, in writing, or through a friend, relative, or other person.

(2) There was a death or serious illness in your immediate family.

(3) Important records were destroyed or damaged by fire or other accidental cause.

(4) You were trying very hard to find necessary information to support your claim but did not find the information within the stated time periods.

(5) You asked us for additional information explaining our action within the time limit, and within 60 days of receiving the explanation you requested reconsideration or a hearing, or within 30 days of receiving the explanation you requested Appeal Council review or filed a civil suit.

(6) We gave you incorrect or incomplete information about when and how to request administrative review or to file a civil suit.

(7) You did not receive notice of the determination or decision.

(8) You sent the request to another Government agency in good faith within the time limit and the request did not reach us until after the time period had expired.

(9) Unusual or unavoidable circumstances exist, including the circumstances described in paragraph (a)(4) of this section, which show that you could not have known of the need to file timely, or which prevented you from filing timely.

2) After getting my payee set up and I just would like the checks to come in my name what do i have to do to change the mind of the ssi to show them that I can take care of the money. How and what do I need to do in order to be able to be my own payee?