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C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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I applied for SS Disability years ago (and kept up with answering

Resolved Question:

I applied for SS Disability years ago (and kept up with answering the "rejections").
After a while, they just ignored me.
Later (many years), I applied again; since they still had my appeals letters on file, they were forced to re-evaluate my case. This time, it went all the way to a judge - who ruled in my favor.

The judges statement was that I was to be paid an amount back to the time I first had the "condition". A week or two later, Social Security said they ONLY reimburse back to the time the claim was first filed (several years after my condition started).

In this situation, who rules - the Judge, or the Social Security canned response?
Submitted: 6 years ago.
Category: Legal
Expert:  C.Fortunato replied 6 years ago.
Hi JACustomer,
The judge cannot change Social Security rules and regulations, which specifically state that the retroactive disability payment commences when the case is filed, not when the disability starts. In other words, Social Security rules.
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