Applicaiton Filing Date

There are many reasons why a person may submit more than one application for disability benefits from the Social Security Administration (the “SSA”). If the reason was misinformation from the SSA, then you need to make sure that a subsequent application is deemed filed as of the date of the prior application to ensure that retroactive benefits are not lost.

I represent a 29 year old who injured his back and left upper extremity in a forklift accident. He applied for Social Security Disability (“SSD”) benefits because his annual earnings statement from the SSA stated that he had enough work credits to receive them. However, the claimant’s SSD application was then denied on the grounds that he lacked sufficient work credits.

The claimant subsequently filed an application for Supplemental Security Income (“SSI”) benefits, which was approved. I successfully argued that the SSI application had to be back dated because the SSA’s earnings statement misled the claimant into filing an application for SSD benefits. I successfully argued that the date of the claimant’s SSD application be used as a protective filing date for his SSI application by citing the SSI regulations, 20 C.F.R. §§416.350, 416.351, and POMS SI 00601.027.