PART 9 : May 2008
I applied for Social Security Disability in July of 2005.
After I went through three years of torture, I finally had to get a lawyer to resolve my disability claim. My lawyer, Judith M. of M&M, PC, had me actually do the legwork for her and get my own medical records - even though I am paying her to get that information. Then she told me to settle my claim after they received a Motion to Amend my claimed onset date from a Social Security Administration judge. The motion, as you can see, does not show a monetary value. My lawyer actually told me to sign this and therefore agree to a deal where I have no idea what I am actually agreeing to. I did sign it (against my better judgment) on her word that I would get a descent result. Here are excerpts from that email conversation:
5/22/2008
"I received the Motion in the mail today, and after I thought about it for a little while, I'm not sure if I can sign this. Please contact me to discuss it as soon as you can.
Kevin"
5/23/2008
"This message is to recap our discussion a few minutes ago about your questions related to the possible amendment of onset of disability. [...] If we amend onset to the date the Judge has determined, he will promptly issue a fully favorable decision and you should receive your past due benefits by the end of June and and the first month's prospective benefits by July. [...]
If we decline to amend onset, the Judge will hold the June 30 hearing and issue a partially favorable decision. [...] (Another issue here that we would like to avoid is the procedural problem that DDS never made a medical determination on your claim [the one that they never mentioned that I should have] which could force us back to square one--this is a problem Judge Arthur is willing to overlook at present, but he could decide simply to remand the case to the reconsideration level for DDS to make a determination required by the regulations). [...]
I know your concern is about the amount of benefits you will receive. You have told me that SSA gave you a benefit statement in 2005 ('06?) that showed your monthly disability amount to be about $1500, while the most recent SSA statement shows a figure of $1350. I do not have a computation of your benefit amount in the earnings record in your file supplied by SSA, so I am operating on the figures you have given me. Your monthly benefit is based on the amount and length of time you have paid into Social Security, as well as the date you are found to be disabled.
Based on the information you have given me, I am confident that your current benefit amount will be between $1350 and $1500. These are snapshots that represent the time close to when your earnings stopped and more recently, with a computation including about 2 years of $0 earnings. I will say again, however, that your benefit amount is what it is--neither you nor I can negotiate or fight for a different amount.
SSA will compute your benefits as if you had been working up to the time you are found to be disabled--they will not at this point compute a theoretical amount; i.e. what if I choose to accept June 2006 as my date of onset? The more earnings that go into your computation, of course, the more your benefit. However, I would be very surprised if your ultimate benefit amount would be more than a difference of $50 or so with an onset of June, 2006.
I hope this information and discussion resolves your apprehension about signing something when you are unsure of the ramifications [she actually ACKNOWLEDGED it?]. Based on my many years of experience in these cases, my knowledge of Judge Arthur and the Social Security regulations, I do not believe that you are disadvantaged by amending your onset of disability to the time you stopped receiving pay from your former firm. I believe that the advantage to you is a certain decision without having to go to a hearing and without having to wait another 5 months or so for benefits to begin. As a practical matter, you do not have a choice to select either of the two benefit amounts you have been given, you do not have a choice to pursue this claim or return to work--your only choice before you is to amend onset for a prompt favorable decision or to go to the hearing and await the possible outcomes outlined above.[...]
5/26/2008
I signed that form and you should receive it Tuesday. I did want to make it clear that I signed it based on this email from you. I hope that you are right about it. If you are, I will be sending you an apology for doubting your advice.
Kevin"
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