Professor & patients' paper on the solvable biological challenge of ME/CFS: reader-friendly version
Simon McGrath provides a patient-friendly version of a peer-reviewed paper which highlights some of the most promising biomedical research on ME/CFS ...
Discuss the article on the Forums.

Amend Onset Date

Discussion in 'Finances, Work, and Disability' started by Gray Lady, Apr 24, 2015.

  1. Gray Lady

    Gray Lady

    Messages:
    19
    Likes:
    7
    I have a complicated issue...going to be try to be as clear as possible.

    - I have been disabled since 2009 but was unable to consult with appropriate doctors, testing, and treatments all due to crappy insurance and financial limitations.

    - In 2013, I was finally able to find a supportive doctor and receive a couple important and compelling tests to support my claim.

    - It wasn't until 2014 (when the health insurance "preexisting condition" exclusion was revoked) when I really got started with regular visits to very supportive doctors, testing, and treatment.

    - Here is the problem: I was completely unaware of something called expiration of benefits. My benefits expired in 2013; therefore, all the supportive medical records from 2014 to present will have little to no weight in the judge's decision.

    - My lawyer has asked me if I would like to amend my onset date from 2009 to 2013 when I began "real" testing to support my claim. If the onset date is changed to 2013, I will be losing two years' worth of backpay since I can only receive it from 2011, one year before my filing date.

    - The judge has the authority to independently amend the date himself, but I have no way of knowing if he will judge favorably from the 2009 date, judge favorably from the 2013 date or another date after 2009 but before 2014, or deny my case all together. The judge can deny my case if I change the date. The judge can deny my case if I do not change the date.

    (I understand the onset date is extremely important for awarding benefit amounts, but I really do not understand why the burden is placed on me to choose the date. Like, can't the judge just look at the information we are spoon-feeding him and decide for himself? I don't think an unfavorable decision should be made just because I didn't want to risk losing a lot of money by amending the date. Gosh.)

    There are more variables, but that would overload you kind people with too much information. So my question is, what would you do if you were me? Fight for the 2009 date and receive backpay from 2011 if awarded, or amend to 2013 and forfeit two full years of pay if awarded (estimating ~$20,000)?

    Thanks bunches. :bouquet:
     
  2. halcyon

    halcyon Senior Member

    Messages:
    2,254
    Likes:
    5,279
    That's a tough call. What does the lawyer think you should do?
     
  3. Gray Lady

    Gray Lady

    Messages:
    19
    Likes:
    7
    Lawyer said: If you amend the onset date to 2013, it is clearly a reduction in the amount of retroactive you will receive and also it will prolong your eligibility for Medicare. However, I do feel that the medical records are at their best as of 2013.

    Ultimately the decision is yours. It is possible that the Judge will independently decide to amend the onset date and only approve you for disability with a later onset date.
     
  4. Denise

    Denise Senior Member

    Messages:
    1,094
    Likes:
    3,435
    @Gray Lady - can you give more details (or links, ...) about expiration of benefits? I am not clear on what it is.
     
  5. Gray Lady

    Gray Lady

    Messages:
    19
    Likes:
    7

See more popular forum discussions.

Share This Page