another ssa disablity decision question

[Guest guest]

I have another question about my disability decision. I was wondering

if anyone knows what this paragraph means:

" The determinations on the claimant's prior title II and Title XVI

applications are not being reopened and revised because the current

application was not filled within the time limit for establishing good

cause, which is 4 years from the date of the notice of initial

determination for the prior Title II claim, and 2 years from the date

of the notice of initial determination for the prior Title XVI claim.

Additionally, the provisions of Social Security Ruling 91-5p were

considered and do not apply. Accordingly, the previous determinations

are final and binding. "

Does it mean that they are still going back to September 1993 still.

I am mixed up with what this means.

Sue

[Guest guest]

Sue,

Your benefit amount * may * be based on your earnings for those

quarters, but I can't say for sure, because in 2005 you applied for

benefits, and now a decade has passed. (1997-2007) I know this is

hard to understand and I know how relieved you must feel, and yet

the " not knowing " what your benefit amount will be is maddening, but

SSA will let you know in a letter exactly what your back benefits will

be (lump sum) and what to expect each month, etc.

Gretchen

[Guest guest]

If it's anything like Medicare they can go back 1 year before you applied, so if

you applied in 2005, I'd be guessing from what this looks like is that your

benefits are going to either be from 2005 or 2004. Probably want to call them

up to ask them as they should be able to answer your question.

Ron

[Guest guest]

This subject has been covered pretty well already but that won't stop me from

adding my 2 cents!

While I am familiar with Department of Veterans Affairs (DVA)

disability rules and not so familiar with SSA, it is very likely

there are similar concepts between the two.

When a decision is rendered by the DVA, there is a time period when

you can appeal the decision (for the VA, it generally is one year

after the decision). If you do not appeal the decision within the

year, it becomes " finalized " and no action can be taken, ie.,

benefits, can be paid based on that application or the date of that

application. If you submit another application after a decision has

been finalized, it becomes a new application for benefits with a new

potential effective date.

If you appeal a VA decision within the year, you are considered to

be " continuously prosecuting " your claim and it remains open. If

your appeal is granted, the effective date would be the date the VA

first received your claim.

So, based on: (a) what I know about the VA; ( what you have posted

here; and, © not having the entirety of your SSA grant letter for

review, I'd say that the effective date, i.e., the date from which

you will be paid, is March 4, 2005.

While the SSA acknowledged that you have been disabled since 1993,

payments from that date are not authorized because your earlier

claims for SSI and SSDI had been finalized.

Now, to complicate things, the VA has a provision called Clear and

Unmistakable Error (CUE) that CAN reverse an earlier, finally

adjudicated decision. I don't know if there is a similar provision

within the SSA, but it is very likely you'd need legal help to pursue

this avenue.

Was this complicated enough for you?