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.