My son was fully approved recently by an ALJ for SSI after a denial back in 2013. I understand he will most likely be getting payback back to 2013. My question is back in 1998 we had put and application in for SSI and was denied but never proceeded to go any further. Then in 2013 we put another application in and was fully approved by ALJ.
Would he be able to get pay back from the first application in 1998?
SSI benefits are only payable beginning the month following the month of application. While you can seek to re-open an earlier application under certain limited circumstances, 1998 is way too long ago to do so.
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No, it is very unlikely the ALJ will reopen the 1998 application. Be content the claim was approved. Many people are going home unhappy across the country.
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It's highly unlikely your son would get back pay to 1998. If you did not agree with the 1998 denial you had 60 days to appeal.
Answers and comments provided are for general discussion only. They are not to be considered legal advice nor create an attorney-client relationship.
To get an SSI application reopened, the new application would have to be filed within two years of the initial denial of the previous application. As previously stated, you are too far outside of the reopening time frame to get the prior application reopened. The only exception would be fore something like fraud, or other circumstances that do not seem to be present here.
Answers and comments provided are for general information only. They are not legal advice and do not create an attorney-client relationship. Licensed to practice law in Florida and North Carolina only.
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