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| |-+  First Payment, Back Pay and Beyond
| | |-+  fully favorable bench decision with a 19yr onset date WTF!
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Topic: fully favorable bench decision with a 19yr onset date WTF!  (Read 447 times)
Howudoinralphie
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"Leave the Gun, take the Canoli's


« on: January 25, 2017, 11:52:30 PM »

 Main20

Hey guys!

For those of you whom I have been blessed to have with me during this 7 yr rollercoaster ride, you are familiar with my story.

First and FOREMOST I wish to say I am eternally grateful for all your help and eternally grateful for the Judges decision. I just have a few questions to ask and not doing well with having more questions than I had before i called my attorney or SSI
I was shot in the line of duty in a county courtroom back in 1993. I was out for a year recovering and recuperating from dozens of surgeries and mental breakdowns. On November 27,1997 I was no longer mentally or physically fit for duty and retired disabled.

I WAITED until 2010 to file for SSDI ...(hoped to one day return to my job)
AFTER 2 federal appeals and 6 yrs I was given a fully favorable bench decision and a signed letter in mail on the 4th of January, 2017 stating onset date of NOVEMBER 27, 1997
a total of 19 yrs. I was told many times back pay can only go back to one year prior to the filing date -5 months....My question is how in gods name do they break this down? Whats the standard operating procedure? How do they factor in the cost of living increases over the years ? What do they base the monthly amount on? What I was making back in 1997?....Its been less than a month from the day the judge signed the letter and almost 2 months from the live hearing date, so obviously I haven't heard anything from SSI except the decision letter. I APOLOGISE for so many questions, I'm just making my self sick because I'm hoping to save whats left of my shattered life with the only good news in many ,MANY years.........Any help would be greatly appreciated...... Main13
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"Leave the Gun, take the Cannoli's
Name: Howudoinralphie
Location: The little star next to the big one on the left
Age at Application: 39 yrs at app & 47 now
Disability: Shot in the Chest in the line of Duty, P.T.S.D. Right Center Lobectomy (Removal of right Lung) Chronic Depression, Chronic Pain Syndrome.
Date Applied: 8/13/2010
First Approval/Denial Date: 1-26-11 hearing
Reconsideration Approval/Denial Date: 4-13-11 denial letter
Date OTR requested: appeal 5-11-12 federal remand
ALJ Approval/Denial Date: APPROVED December 7th 2016 (bench decision in open court)
Date Award Letter Received: award letter received 1/9/17
Additional Info: 2 federal appeals with 2 remands and 3 times in front of 2 different judges. Here's the kicker.....ONSET DATE November 24th 1997
Helper
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« Reply #1 on: January 26, 2017, 06:09:51 AM »

Yes, you will only get retroactive payments for 12 months prior to application  - even though your onset date is very remote.  It is not 12 months minus 5 months because the 5 month waiting period can run prior to the application (basically an onset date 17 months prior to the application gets the same amount of retroactive payments as you get due to the 5 month SSDI waiting period & 12 months of retroactive payments).

They can go back & figure out what your payment would have been in 1997 & then will apply all the COLA adjustments.  It will likely take a little extra time for them to run all the numbers.  Since you applied in 2010, your backpay will go back to 2009...so likely require multiple signatures to release as well.
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Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations
Howudoinralphie
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People helped 3
Gender: Male
Posts: 33


"Leave the Gun, take the Canoli's


« Reply #2 on: January 26, 2017, 07:38:48 AM »

Yes, you will only get retroactive payments for 12 months prior to application  - even though your onset date is very remote.  It is not 12 months minus 5 months because the 5 month waiting period can run prior to the application (basically an onset date 17 months prior to the application gets the same amount of retroactive payments as you get due to the 5 month SSDI waiting period & 12 months of retroactive payments).

They can go back & figure out what your payment would have been in 1997 & then will apply all the COLA adjustments.  It will likely take a little extra time for them to run all the numbers.  Since you applied in 2010, your backpay will go back to 2009...so likely require multiple signatures to release as well.
You have NO Idea how much your reply means to me....Thank you from the bottom of my heart.  I'm thinking my first payment will probably be in February or March. Nothing yet except the decision letter from the judge. He said fully favorable so loud the security  guards said they all heard him say it. So no surprise when I was almost carried out of the hearing balling like a baby. I earned the right to cry. WE ALL DO
Logged

"Leave the Gun, take the Cannoli's
Name: Howudoinralphie
Location: The little star next to the big one on the left
Age at Application: 39 yrs at app & 47 now
Disability: Shot in the Chest in the line of Duty, P.T.S.D. Right Center Lobectomy (Removal of right Lung) Chronic Depression, Chronic Pain Syndrome.
Date Applied: 8/13/2010
First Approval/Denial Date: 1-26-11 hearing
Reconsideration Approval/Denial Date: 4-13-11 denial letter
Date OTR requested: appeal 5-11-12 federal remand
ALJ Approval/Denial Date: APPROVED December 7th 2016 (bench decision in open court)
Date Award Letter Received: award letter received 1/9/17
Additional Info: 2 federal appeals with 2 remands and 3 times in front of 2 different judges. Here's the kicker.....ONSET DATE November 24th 1997
newdawn
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Posts: 868



« Reply #3 on: January 26, 2017, 01:53:27 PM »

When I got my award letter (not the decision letter but the award letter), it gave a breakdown of what my benefit amount was each year from entitlement leading up to my approval and how it increased each year if there was a COLA that year.

Here is the text from my award letter: http://ssdfacts.com/forum/index.php/topic,20225.msg198753.html#msg198753
Logged
Name: Dawn
Location: IL
Age at Application: 31
Disability: Depression, anxiety
Date Applied: 11/2013
First Approval/Denial Date: 03/2014
Reconsideration Approval/Denial Date: 11/2014
Hearing Date: 11/13/2015 (Friday the 13th!)
ALJ Approval/Denial Date: 01/15/2016 Fully Favorable (rec'd 01/21)
Date Award Letter Received: 02/17/2016 (rec'd 02/20)
Date Back Pay Received: 02/13/2016 (paper check)
Additional Info: 02/09/16 mySSA account updated with approval info. 02/22 rec'd medicare card in mail. Hired lawyer after reconsideration denial. Requested an in-person hearing.
Howudoinralphie
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People helped 3
Gender: Male
Posts: 33


"Leave the Gun, take the Canoli's


« Reply #4 on: February 16, 2017, 10:58:07 PM »

 Main16

Still haven't received anything on the myssa.com website account as far as new information. Called SSA the other day and she said all she sees is the lawyer's petition for more money because of the multiple federal appeals and it just Another thing is that it Just went in the system as of FEB 1st. Called my attorney and asked WTF is going on and why am I being told now that I wont see my 1st months check until the end of April and not even received the award letter .....nothing
Logged

"Leave the Gun, take the Cannoli's
Name: Howudoinralphie
Location: The little star next to the big one on the left
Age at Application: 39 yrs at app & 47 now
Disability: Shot in the Chest in the line of Duty, P.T.S.D. Right Center Lobectomy (Removal of right Lung) Chronic Depression, Chronic Pain Syndrome.
Date Applied: 8/13/2010
First Approval/Denial Date: 1-26-11 hearing
Reconsideration Approval/Denial Date: 4-13-11 denial letter
Date OTR requested: appeal 5-11-12 federal remand
ALJ Approval/Denial Date: APPROVED December 7th 2016 (bench decision in open court)
Date Award Letter Received: award letter received 1/9/17
Additional Info: 2 federal appeals with 2 remands and 3 times in front of 2 different judges. Here's the kicker.....ONSET DATE November 24th 1997
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