I just got a fully favorable ruling from an ALJ, but the onset date has been amended. Without going into a huge amount of confusing detail, I was supposed to get a partially favorable for a closed period, instead I now have a fully favorable with onset date starting Nov. 15, 2007. To prevent losing my house, I had to start working some. I am wondering if my trial period starts aftr the 5 month waiting period which would begin in April, or would the trial working period begin with the onset date?
Jonathan Ginsberg responds: Jim, I believe that the trial work period starts as of your onset date. The 5 month waiting period only has to do with payments. I wrote about trial work periods on a fixed page on this blog – take a look by clicking on the link.
You should also speak with your lawyer about whether to appeal the decision. If the judge stated on the record that he identified a closed period, and you start working, you may find yourself with a continuing disability review or an action to terminate benefits.
You only have 60 days to appeal a decision and you could lose your right to the closed period lump sum if you do not appeal. Maybe it makes sense to appeal and maybe not. I just think you need counsel about this issue and that you need to be proactive.
Jonathan Ginsberg represents Social Security disability claimants in Georgia. In practice for over 29 years, Jonathan publishes a widely known disability blog, a podcast and several disability web sites. In 2004, Jonathan published a "how to" book about Social Security disability called the Disability Answer Guide. Jonathan lives with his wife and 2 children in Atlanta.
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