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Should I get paid SSI backpay from the time I first applied (2008) and was denied or the second time I applied and was approved (2 months ago)

1 Answers. Asked on Aug 13th, 2011 on Social Security Disability - West Virginia
More details to this question:
I applied for SSI in 2008 and was denied. I reapplied in June and was approved yesterday. The agent said I would receive pay back to my application date in June 2011, but I thought that I was supposed to get paid back to the time of my first application in 2008. I am confused and don''t know what to do, should I be receiving more backpay than 2 months?
Answers Showing 1 out of 1
Answered on Aug 17th, 2011 at 5:34 PM

It appears your 2008 application is too old to receive back-pay.

Look at your approval letter.  Usually, in the upper left-hand corner, it will say "Supplemental Security Income" if your case only involves SSI.  If that is the case, and your claim is only SSI -  your June 2011 application can be used to re-open an application filed June 2009 or later, not earlier.  At most, SSI regulations only allow a two-year re-opening time period.  20 C.F.R. §416.1488 Conditions for reopening.

To re-open two years, you must show "good cause"

(1) New and material evidence is furnished;

(2) A clerical error was made; or

(3) The evidence that was considered in making the determination or decision clearly shows on its face that an error was made.

(b) We will not find good cause to reopen your case if the only reason for reopening is a change of legal interpretation or administrative ruling upon which the determination or decision was made.

You do have the option to appeal the decision, but a bird in the hand is worth two in the bush.

 

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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