- DISABILITY CLAIM FAQ
You apply for Social Security Disability (“SSD”) benefits. Two years later, after the Social Security Administration (“SSA”) lost your file and eventually held a hearing, you receive a decision that is entitled “fully favorable”. Unfortunately, that does not necessarily mean that your troubles are over. It is not uncommon for the SSA to make an error regarding the disability onset date or application filing date, which may reduce the amount of your retroactive SSD benefits.
One of my clients received a “fully favorable” decision last April that had the correct onset date, but the wrong application filing date. This error reduced the amount of the claimant’s retroactive SSD benefits. Even though I advised Administrative Law Judge Newton Greenberg about the error at the claimant’s hearing and afterwards in writing he failed to correct it.
To preserve the claimant’s rights I sought review with the Appeals Council. In the interim, because I had so many cases where the SSA was repeatedly ignoring my pleas to pay the correct amount of SSD benefits and fees, I was compelled to file a mandamus action in federal court against the SSA. As a result of that lawsuit, the SSA finally issued a supplemental notice of award today. Although this correction resulted in no additional attorney fees being paid to me, the claimant received an additional $7,149.30.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou