Date of Onset

[mwether19]

PA. My husband started to get sick with his lung disease caused at work around 5/1/2003. When we applied for SSI & SSD, we put the date as 11/10/2003 because that was the last day that he could work. He was denied and we are appealing.

My question is...does it make a difference on the date? He continued to work until 11/10/2003 & was so sick that he couldn't anymore. He was advised not to return to work. He also filed for Workers' Comp. which he had to get an attorney to get that. Go figure! His lung disease was caused by his work.

If he wins his SSD case he would only be awarded from the 11/10 date. Is that correct? And would the amount have to be offset by the workers' comp. he is receiving anyway? If he would have used the 5/1/2003 date wouldn't that make a difference because he was still working and had earnings although he was having difficulty doing his job? So, I used the day he could no longer work.

Thank you for your help.

 

[PAM45601]

Ohio Was your husband denied at first filing, reconsideration, or at a hearing with the Administrative Law Judge?

 

[Cushie]

The date of onset is generally when he stopped working. Then benefits are calculated six months after the date of onset. So if the disabling event happened in January he would be eligible to receive benefits after June.

 

[BL]

Why isn't He seeking a judgment , if it was work related ?

At any rate it sounds like He needs a consult with an SSI attorney .

 

[mwether19]

Onset Date

PA. He was denied at the initial application for SSI/SSD. We were told that there is no reconsideration level in PA & that we had to appeal to the ALJ.
He was denied SSI because he is getting Workers Comp. right now, so his income from that was taken into consideration. (Although we are having problems paying our mortgage, medical, utilities, etc. That doesn't matter to them.)

Blonde Lebanese: He is seeking a judgement, but he was told that he should apply for SSD at the same time. Are you an attorney?? Workers' Comp. and SSD are 2 separate issues. (Other than the monetary situation.) If I understand, you can be considered disabled under comp. laws, but not necessarily Social Security Laws. And workers' comp. does not last forever and a settlement would not necessarily take care of future income & all the necessary medicines and medical bills.

 

[BL]

No I am not an Attorney , but my advise is still the same .
Consult and use an SSI attorney , if the Attorney believes He's got a good case they will take it on .

Be aware though the If he is approved for SSDI , it takes 2 years for Medicare to kick in .

I'm glad He's seeking a Judgment as well. Any Judgment should include medical payments as well .

 

[mwether19]

Onset date

We realize that Medicare will not be available until 2 years after if he does win the SSDI. That is why we are seeking a judgement. Not only for the injury, not being able to work, and all of the medical issues. (I lost all my medical, also because I was on his and I am very ill.) It is a vicious circle.