Question:
Hello Jim, I had originally submitted a claim in 2013 and it was denied. In 2020 my claim was resubmitted and approved. Does the time frame from when my claim was submitted and denied to the time it was approve qualify for retroactive pay? Thank you for your service.
Jim's Reply:
The effective date of a disability claim is the date you first file it. If your claim is denied, you have one year from the date of denial to file an appeal. If you file an appeal within the one year time period, the original effective date remains that and any further awards or actions will date to the original effective date.
If you didn't appeal within that one year period, the denial is considered to be permanent and the file and claim is closed. If you then reopen the claim in the future, a new effective date is set upon that reopening.
Reading your message it sounds as if you were denied a benefit in or around 2013. You make no mention of an appeal so I assume you lost that earlier effective date. Your new effective date will be to the date of filing in 2020.