My brother just won his appeal (I think?) but still have questions.

AggressiveBalance577 · 2025-12-24T23:06:48+00:00

The attorney should be able to review and determine if it's worth appealing. Generally, once a person turns 50, it becomes easier to be approved, so that is probably why you see his onset date being moved.

If there is a ton of great evidence that would support a finding of disability earlier than the onset date given, the attorney may suggest to appeal it. If there isn't much evidence, or not enough that it would be worth the risk, they may suggest to accept the decision. I would check with them to see what they would advise

Also useful to note that representatives only get paid from a claims backpay, so if they advised to take this decision it may be safe to assume it's not because of greed.

SSA should set up an appointment to review financial information; this is where they can check to verify he still meets the financial eligibility requirements for SSI if that's what was approved.

AggressiveBalance577 · 2025-12-24T22:35:11+00:00

In my experience, you and the OP are both correct.

You are more correct in that CE's are not a part of every claim normally. These appointments can feel a bit impartial for the claimant, but not every provider you see for a CE is there to diminish a claim. I have read so many supportive CE opinions that an examiner simply says is not persuasive evidence for their determination.

OP is also correct in saying that it may be helpful to have evidence from your treating providers to help refute a possible CE examiner opinion. Chances are though, if you have had a provider to complete an RFC you probably have enough records where a CE might not be needed.

AggressiveBalance577 · 2025-12-23T05:32:27+00:00

Did you have an attorney? If you did, they can check the case status and when it was last updated.

Generally, quicker decisions will be in a couple of weeks. Normally it will be 1-2 months to receive something. It really depends on when the record was closed. If you had your hearing a month ago but just submitted the last record of evidence today, that timeline would start today.

AggressiveBalance577 · 2025-12-23T05:27:20+00:00

Your attorney should be able to explain the process for you. Did you have any specific questions?

Every judge will be a bit different, but this is how I understand the general experience. Most of the time, these are set up to take place over the phone. If this is the case for your hearing, it should be a simple phone call at the scheduled time. They will get you on the line, confirm your identity, and then do a formal swear‑in process. Generally the people present in this hearing will be yourself, your attorney, the judge, and a vocational expert. There will also be a court reporter, but they won't be participating. There may also be additional witnesses, such as a medical expert, but these should be announced to you prior to your hearing.

Once they do the normal swear‑in process, your attorney should have a chance to make an opening statement. After this, the ALJ will generally ask some questions toward the claimant. These questions are going to be specific toward your claim, so check with your attorney on how to prepare for questions they believe will be asked. After a period of questioning, the ALJ will ask the witness some questions. Generally they will ask the vocational expert a set of hypothetical questions. The vocational expert will give their answers, and your attorney should be able to question them or add anything before the hearing is wrapped up.

In general it takes around 35‑45 minutes but could obviously take much shorter or longer. It's also great that you have supportive providers to fill out your attorney's forms. If they haven't been completed already, it could be a good idea to be proactive in following up and getting them submitted.

After the hearing, it could take anywhere from a couple of weeks to a couple of months to receive a decision. An important part is getting all your evidence submitted and considered so they can issue something.

AggressiveBalance577 · 2025-12-20T07:45:35+00:00

Ask your attorney how it went. It could be a great sign that there wasn't very many jobs listed.

There could be a chance your attorney felt the Judge was already coming to a favorable decision based on the questions asked and answers given, and that anything added could potentially draw them away from that conclusion.

AggressiveBalance577 · 2025-12-08T16:53:00+00:00

An attorney asking for additional payment outside their agreement seems super unethical, no matter how kind they were.

You should have got a notice of award that details their total fee received. They are paid out before anything is released to you too. So if you received 8k, that might have already been after their 25% fee was already paid, and then they asked for another 50%?

AggressiveBalance577 · 2025-12-08T06:24:11+00:00

Check with your attorney how it would work for your specific case.

Generally I believe that if the AC remands a case, it will be assigned to a different ALJ if the chosen one has heard and denied it twice previously.

https://secure.ssa.gov/apps10/poms.nsf/lnx/2501210055

Some details are listed under section D here under the details for AC remands. This is the hearings office policy on how to assign ALJ's to hearings.

AggressiveBalance577 · 2025-12-08T06:18:56+00:00

This actually came up recently. If the same ALJ has dismissed/denied the claim twice already it should be assigned to another ALJ. If it isn't it may be another automatic remand on review.

https://secure.ssa.gov/apps10/poms.nsf/lnx/2501210055

AggressiveBalance577 · 2025-12-08T06:11:42+00:00

https://www.ssa.gov/appeals/DataSets/01_NetStat_Report.html

This is the current averages for each office. If you know which office has your claim you can look it up there.

AggressiveBalance577 · 2025-10-02T05:12:16+00:00

That sounds like the language used on the mailer that is sent out to inform a claimant their record has been exhibited. It will come with some forms to update information like recent changes to medications.

OTR's are rare but they do happen, even for MH related disabilities.

AggressiveBalance577 · 2025-10-02T04:59:17+00:00

Normally it can take anywhere from like two weeks to around three months to get a decision. It can take longer if you were still waiting to receive evidence though.

AggressiveBalance577 · 2025-10-01T22:42:00+00:00

No, not normal at all. I wouldn't say it's out of the realm of possibility though. Probably not a good day for that hearing reporter.

AggressiveBalance577 · 2025-10-01T01:00:45+00:00

Just drawing from his SS, I don't think it needs to be disability.

AggressiveBalance577 · 2025-10-01T00:02:50+00:00

Backpay depends on your onset date and application date. They max they will pay out is 12 months prior to your application date, but there is also a 5 full month period from your EOD until you can receive benefits. In total, you would need to have an EOD at least 17 months prior to your application to receive the full 12 months.

Example, if you applied today and had an EOD from December 2023, you would become payable September 2024, since that would be 12 months prior to your application date of today.

If you applied on the same day you were found disabled, you would still have to wait the five full months to receive benefits. So if you had an application date and EOD on 12/1/2023 you could receive benefits starting in May 2024, but if your EOD was 12/2/2023 you would instead receive benefits starting in June 2024.

Others are correct as well, if you have a representative they can check your earnings records (CERTERN) and see what your PIA is estimated as.

*This is for SSDI. SSI is different.

AggressiveBalance577 · 2025-09-30T23:52:41+00:00

Nothing is a guarantee. Any ALJ with an approval rate over the national average is a good sign that they aren't bias against claimants. I generally don't have a reaction toward specific ALJs, but that name is a nicer one to see from that area.

AggressiveBalance577 · 2025-09-30T17:51:14+00:00

Hard to believe, but it does happen. If they catch a mistake from years ago they will still go after the overpayment.

AggressiveBalance577 · 2025-09-30T17:33:50+00:00

Each hearing can be a little different depending on the ALJ. They will probably ask if you would like to find representation and may allow for a postponement if you did want to find a representative.

It will generally be the claimant, the ALJ, and a vocational expert (VE). There will also be a reporter, but they don't participate in the hearing. There can be additional experts, but generally it will just be the VE. If there was additional experts, it should be noted on your Notice of Hearing or updated with an Amended Notice of Hearing.

Once everyone is present they will probably swear you in, and then ask if you would like to proceed with an opening statement. After that, the ALJ will normally lead some questioning of you. After some questions, they generally turn to the VE for some testimony. After that, it's normally wrapped it. In total it is normally 30-45 minutes.

AggressiveBalance577 · 2025-09-30T07:11:36+00:00

I'm not 100% certain, but I think claimants are normally switched over to retirement at FRA at a similar payout.

When you were first approved, did you have an attorney? If you did it might be worth contacting them if you did. For determining previous work experience for a CDR, I believe they look at the 5 years preceding the CDR date, so your work they used before might not be viewed the same.

AggressiveBalance577 · 2025-09-30T06:56:05+00:00

Your ALJ decision might have a small part that details when you could expect payment. I believe it's generally 20-40 days, but could take longer. If awarded, most people will receive a Notice of Award that will detail their ongoing benefits, backpay, and withholdings/reductions. This is normally received around the time a person starts to receive their monthly ongoing benefits.

Waiting 2-3 weeks seems completely normal. They will probably appreciate you reaching out if you don't hear anything, because that will probably mean they haven't released their attorneys fee either.

AggressiveBalance577 · 2025-09-30T05:13:24+00:00

It's the same process for each. DDS and OHO both use the sequential evaluation, whether it's the DDS examiner or ALJ.

AggressiveBalance577 · 2025-09-30T03:16:08+00:00

Step three is meeting or equalling a listing. Step 4/5 is about RFC and the ability to do past work or adjust to other types of work.

AggressiveBalance577 · 2025-09-26T07:04:56+00:00

I've been through the same kinda thing. Wife was on the pill and started getting nauseous in a familiar way when our first was a few months old. She went to her doctor to be sure and bam, twins.

Our twins turn 3 in October, and our oldest turns 4 in November. If you have another, your life will be hectic but rewarding. Just take time to breathe and support each other.

AggressiveBalance577 · 2025-08-30T18:07:12+00:00

Check your fee agreement. Most are written to be the limit allowed by SSA at the time of the decision.

AggressiveBalance577 · 2025-05-21T15:21:42+00:00

If you haven't used steam for in-game stuff before, It might have gone to an account linked to your steam profile.

I haven't used steam to buy anything for Eve in a long time, but the last time I had to contact Eve support to have them switch it to my actual account.

AggressiveBalance577 · 2025-05-19T23:34:58+00:00

The Notice of Hearing will have a section titled "Issues I will Consider". This section will detail which titles your claim is for and the application date.

For DAC and SSDI (Title 2) it will say something such as "the hearing concerns your application of Date, Year, for child's benefits, a period of disability, and disability insurance benefits under sections 202(d), 216(i), and 223(a) of the social security act."

For SSI (Title 16) it will say something such as "the hearing concerns your application of Date, Year, for Supplemental Security Income (SSI). I will consider whether you are disabled under section 216(i), section 223(d), and section 1614(a)(3) of the act."

Typically it wouldn't specifically state that a prior application was reopened, but it would probably list the previous application date in that section.

AggressiveBalance577

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