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By Robert G. Rassp, Esq. © Copyright 2013 LexisNexis. All rights reserved. Excerpts of this article will appear in a future edition of Rassp & Herlick, California Workers' Compensation Law.
1. A filing for SSD benefits creates a “protective filing date” wherein if the claimant for SSD benefits files for SSD within 5 years of the last year of paying payroll deductions to SSA, benefits are retroactive to one year prior to the protective filing date or six months after the onset of disability, whichever is later.
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