Hi, thanks for your inquiry! I have been practicing SS law for 10+ years and have specific experience with issues like yours. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.

Please remember to only rate my answer when you are 100% satisfied with my diligence and effort in accordance with your chosen transaction. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek.


That being said...with regard to your post:


I am a little confused due to I was disabled starting back in Nove 2010 and my family was taking care of me due to I was taking medicine and diagnosed with post traumatic stress disorder. So sorry!

Which I did not knowo I could of filed a disabilty claim and it was due to my brother helping me due this due to I cannot work or keep a job due to my recent one which was very stressful and when I was working I was seeing psychiatrists about my problems and stress and on pills all the time finally I could not do my job and left in 2010 and now I just filed a claim 2 months ago. OK, so you filed in April, 2010, right?

My question is will they go back to that date of 2010 or will they only due the date when I filed and I have all my doctors finding stating that I am not able to work due to my tramatic experiences and the PTS so I am just lost as to will they go back to 2010 or not ? OK, if you filed for Social Security Disability, they can pay UP TO 12 months worth of benefits for months prior to the date of APPLICATION. HOWEVER, the first 5 months of disability are a "waiting period" where no benefits are payable. So, if you were disabled in November, 2010, and could prove such to the satisfaction of the SSA (and they found that date to be your "onset"), then your waiting period would be Dec. 2010, Jan. 2011, Feb., Mar, Apr. 2011. Thus, May, 2011 would be your first payable month and since that is about 12 months before you appied, you'd get paid all those months from May, 2011 to when ever you win (in one check) plus your prospective monthly checks thereafter.

If you filed and won Supplemental Security Income (SSI/welfare) (let's say you were not insured for SSD) - then you do NOT paid any retro benefits from BEFORE the date of application. However, you also do not suffer that 5 month waiting period. Hopefully you worked and paid taxes enough to be insured for SSD, which you likely are, and you can get that 12 months worth of retro benefits.

Good luck!

-------

I hope this clarifies and I wish you the best. Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer.

Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.

Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here.

You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.

Hi again, and thank you for your follow up:

Ok I do have proof that I was seeing doctors back in 2010 as well so should I call disabilty due to I put on my application that it started in Nov 2010 If you put 11/2010 on your application, then you need not call anyone - that is your "alleged onset date"

and should I also apply for ssi? If you are poor, yes. I.e. no income or assets to speak of.

I declined ssi due to I am not sure due to I am not 65 It is for disabled people under 65 who are poor.

I am only 34 and suffer from PTSD from what my doctors are saying so would I get ssi until my ssd come threw No, they are decided at the same time.

and I have alot of systems that I was diagnosed with even back in 2010 so from my brothers reading he called a lawyer who will later take on my case if denied Many attorneys will take it NOW, if you want help to make a stronger case now. FYI.

due to he is saying alot get denied so is that true Yes, certainly. Expect the worst (most get denied), hope for the best, XXXXX XXXXX APPEAL if you get denied.

even if they get my therapist and psychiatrist notes about my troubles that is causing me to not work Depends on how credible and thorough they are.

and yes I have a letter due to I was working when I was 15 so I have enough credits for SSD You can always call 1(NNN) NNN-NNNNand ask what your "Date Last Insured" is, aka DLI. If that date is in the future, perfect. Or at least after 11/2010.

Good luck!

-------

I hope this clarifies and I wish you the best. Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer.

Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.

Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here.

You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.

Hi,

Ok just one more question sorry Don't be, you are fine.

due to I am new to this for example since I have been working since 15 and have enough credits they said the max I can get including with my 2 kids is 3500 a month That is very high - so I presume you were a very high income earner, yes?

so for example do I go by that statement meaing if approved that is what they would go by No, don't go by anything stated but not in writing. If you look at your 2010 or so SS Earnings statement, it will give you a ball park of what you can expect if you became disabled. Those are fairly accurate, and actually it would probably be higher due to COLA. You can go here: http://www.socialsecurity.gov/mystatement/

due to I have not worked in 2 years due to my disability and my doctors and psychiatrists have document since 2009 until this date due to I was thinking I would get well but no progress. I understand.


Also if I applied a month ago it takes a long time correct Sometime less than 4 months, some time more than 2 years - if successful. If unsuccessful before an ALJ, it can take far more years.

so I would have to wait until I get a letter if denied to then let the lawyer handle it which they said as well wait until I get denied As I said, some of us, me included, are willing to help claimants from the start, even before they apply or right after. Some lawyers do not care to do the extra work. Your choice.

Good luck! You are on the right track.

Ok just to make sure I understand you so If I am denied you can handle my case? I can't represent visitors through this site, unfortunately. However, when you do a google search make sure it is not a 'factory' type large company (who often accept too many cases at one time, ensuring they can't really work up the cases properly) - you may also want to see if you can find a lawyer that specifically handles Social Security Disability for PTSD. A simple "PTSD and SSD" should be a good start. Look at the sites, see what appeals, and either call or fill out their evaluation forms, which many have.

If so it seems like I would give you a try due to you are so quick and helpful which I do appreciate due to this was seemings so confusing to me until my brother was seeking help for me and found I am eligible for SSD and from what my doctors were saying that even If i work i really cant hold a job Remember that you must NOT be working SGA ($1010/mo or more) to be even eligible to get through the early claims process.

from what I have expienced and went through and all the medicines I am on. Again If so I would like to find out how to get you That is most kind. I use a screen name here, but I am sure you will find someone you are comfortable with but doing some due diligence.

Hi again, and thank you for yor follow up.

I have a follow up I was disabled in 2010 and I have worked since 15 so I have enough credits and I did not know that I could apply for ssd until my brother did so now he put on my application that it started in 2010 Yes, whenever you became unable to work due to the disability, would be the likely date of alleged onset.

and I have doctor and therapists notes as well noting this OK

now that my application was put in 2 months ago and there is a waiting period. I still have to wait 5 months correct If the SSA agrees in the near future that you did become legally disabled as of 11/2010, for instance, and you applied in April, 2012, then it will go back 17 months before April 2012, which would be about November, 2010. The first 5 months is waiting period, (Nov, 2010 to Mar, 2011) and so April 2011 would be the first month of PAYMENTs, allowing for the full 12 months of pre-application time of disability to be paid you, even though you hadn't applied then.

and in the meantime I applied for ssi and have a meeting with them July 18 You shold be able to do that by PHONE if it is information for your SSI application - if you prefer.

would I be able to get ssi until my ssd kicks in NO. Not until you PROVE via medical evidence that you are disabled. Just like SSD.

and also is there a wait for ssi No, no 5 month wait. Just a financial requirement that you are near incomeless and assetless, and that you are disabled under the law.

as well even though I have a face to face with them on July 18 . Let me know if anything remains unclear! And good luck with your case.

Happy Independence Day!

Ok just to make sure I understand I have a face to face with them on July 18 so I am not working for 2 years and have no money That is presumably to give your financial information for SSI (which requires being poor, so unlike SSD, your financial picture is critical for SSI). It won't answer the medical criteria, which is the part of the process for both SSI and SSD that takes months to years, but the non-medical criteria.

I rely on my family for help in paying my bills so If they see the medical from my therapists that I have been dianoised with ptsd which is why no matter what job I get I cannot keep will I be eligible for ssi until my ssd kicks in due Again, NO. They don't give SSI first. They have to have medical proof that your PTSD and/or other medical impairments actually are bad enough to prevent your ability to work - i.e. many PTSD sufferers CAN work, so your medical records need to show how yours is different/worse/severe, etc.

to I heard it takes a long time for ssdi Same for SSI, because they both rely on the medical determination.

so would they condsider ssi That does't get paid in advance.

and also would they go by me being married even though he moved out 2 years ago but we are still married For the financial picture, you MUST emphasize that he is not living with you nor supporting you.

so would they go by his income for ssi YES, unless you prove he is out of the picture -

and deny me even though he does not support me financially only pays the mortage for house in lew of child support See above. Let me know if anything remains unclear.
-------



I hope this clarifies and I wish you the best.



Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT side of the choices. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer.



Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.

Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here.



You can ask for me directly in the future by starting your post with "To Alexia Esq."





Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.

sorry to be a bother You are never a bother. But please, DO start a new transaction post AFTER you read this, with any new questions, as we are very much exceeding the scope here. Thanks for understanding.

just trying to understand this and how if approved how this disabilty works here is a pre statement of benefits is this meaning the total including myself cannot go over 3137 I don't know what this is.... Are they saying this is a family total?

each month or does it mean that I would get 1462 and my family meaning my 2 kids would each get 1349 meaning they as in family cannot go over that I was trying to put this in from what I was given. I can't see your form. But I can tell you that your family benefits TOTAL don't go over 150-180% of your benefit. So, while your kids can get an amount UP TO 50% of your benefit, because there are 2, it may be less. They said my monethy disabiilty benefit is 1462 then it said monthy survior benfits for surviving child is 1349 OK, surviving benefits are ONLY paid if you die. Not for when you are on disability. Those benefits would be "dependent" benefits for the kids.

for surviving spouse caring for child is 1349 Again, she/he has to survive you. And typically they get 100% while caring for your child, so about that $1400.

but cannot go over maximum of total family benefits which is 3167 does that mean including myself we cannot go over this amount Yes. But you can't look at survivor amounts, only dependent amounts.
and this includes if I have 2 kids they would have to split the 1349 correctNo, survivor benefits for child is up to 75%, so you need to look at the dependent benefits, not the survivor benefits. Dependent benefits is up to 50% (of your rate).

-------



I hope this clarifies and I wish you the best.



Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT side of the choices. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



If you do CONTINUE CONVERSATION, If I do not respond right away, please know that I am diligently working here on your question and I will be back as soon as possible, after engaging in any necessary and prudent confirming research to ensure that no recent legal changes have occurred that would effect your answer.



Please also know that your expressed satisfaction with my answer is my top priority, and my time here today with you supports my volunteer work for the Disabled in the U.S.

Only a positive rating on the right side of the choices is acceptable to me, AND unless you so rate me, I am given no credit for time and effort - so please rate accurately with that fact in mind. I have been a stage 4 (highest) professional here for 4 years, and enjoy giving top knotch answers. While I can not provide crystal ball answers and am not a psychic, I am happy to share with you my 17+ years of experience as I donate my time here.



You can ask for me directly in the future by starting your post with "To Alexia Esq."





Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and and better pursuing the details you need.

You are so kind. Thank you.

Incidentally, here is the SSA's blurb on Disabled Worker's Family maximum - it differs from a deceased worker's family max for his/her survivors:

http://www.ssa.gov/OACT/COLA/dibfamilymax.html

Survivor's is here and it is a bit complicated: http://www.ssa.gov/OACT/COLA/familymax.html

Look in your denial letter. There should be a page that lists EACH medical provider whose paperwork they reviewed. Do you see it?

Does it give you a list of providers? If so, then the SSA asked for and received those records and read them, considered them, analyzed them, etc. Note that when you apply, it goes to your local office to makes sure application is complete. Then, usually in a few weeks, they send it to the state level (but federal SSA) adjudicator to work it up, order records, send to their own medical expert to determinew the medical records indicate with regard to how much you can sit, stand, walk, concentrate, follow directions, behave in a non-distracting way, etc. If the doctor didn't include opinions on that and there is nothing in his records to indicate you are markedly limited in the physical or mental tasks needed to work a simple sedentary job, then likely you didn't prove your case - that you can't do those tasks sufficiently to work a full time job. You probably did annoy them by calling all the time and rushing them, since it was not more than 6 months old so they weren't really taking too long (records often take over 2 months just to get from Dr. to SSA)... and if the Senator made an inquiry, and you indicated you wanted an answer NOW, well, if you haven't successfully proved you were disabled, the adjudicator had no choice under the law but to deny disability because they are not allowed to award disability to any claimant who has been unable to prove her case, unfortunately. So, it is possible that you trying to rush them forced them to issue a decision before you had a chance to submit more evidence (had you planned to). Also, please know that your doctor stating "she can't work" or "she is disabled" is not helpful because he is not a vocational expert. Rather, you want him to provide a specific opinion on the extent of your limitations on the 20 or so mental tasks used in most jobs, specifically, the 4 or 5 that are necessary for almost ANY job, because if you are markedly limited in just one of them, some rulings indicate you are then unable to hold any job. Of course, the SSA may not have to take your doctor's word for it, that really depends, but it is a good starting point - and if you can get more evidence of that limitation being so severe, you may want to submit it on your appeal.

With regard to your statement - "due to before it was just sitting on there desk" - that is far from likely because you mention that they did order your records - and had to review them, etc. You filed in April and you heard back (denial) in Sept., 5 months, that is not unusual.

Yes, you should probably get a lawyer - should have already, so you'd have a better case already, most likely (if you got a good lawyer). But it is not too late. Consider speaking to others and find one that felt highly about his representative. Know also that you are not required to use a Virgina SSD attorney - any state is fine. Some lawyers handle several states, some all 50, some just stay local. Start calling! A large caseload is not bad so long as it is not TOO large they can't be responsive to your case.

Incidentally, I realize you forgot to start this in a new post - I answered it anyway, but next time please try to remember to do so. And please don't forget to rate me on this answer! Thanks!

Sincerely,

Alexia Esq.



-------



I think this is what you wanted to know. If not, please let me know and we can interact further. Otherwise, I wish you the best and ask that you Rate me now. HINT: I aim to provide only EXCELLENT SERVICE and ask that you click a rating on the RIGHT side of the choices OR, follow up with me if you need more follow up or clarification. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!



You can ask for me directly in the future by starting your post with "To Alexia Esq."

Repeat reminder: Due to rules of our states, nothing herein is intended as legal advice, only intended as general information in order that you may have a starting point for helping yourself and presenting your issue to your lawyer if need be. I am an Attorney in the U.S. but I am not your attorney.

Hi, OK, what you have going on in a different post with a different professional is separate from this post. If you are not satisified with the effort/service of a professional, you need NOT favorably rate him - you can either just not rate at all and walk away, or you can give a negative rating. Ideally, before doing either, you follow up and see if he can provide the service you want/expect, because sometimes one's post may seem rude but he may not have meant it that way - the written word sometimes lacks the inflection we intend, and he can't read your mind. That being said, if you erroneously rated him and/or paid a fee for an answer you didn't intend to, you can also get a refund by clicking on customer service and asking fo that. They are very helpful.

As for this one, if you choose to rate my latest answer (preferably a top rating, one to the RIGHT side :), you'd click on that option on whichever answer you want to do it on. Note that that does not mean I get $60, as that goes to the Site and it determines what part may go to the professional. I have no say in that.

Hope this helps!