An Administrative Law Judge Must First Write A Decision
In other cases, the Administrative Law Judge tells a claimant they are disabled during the hearing. However, that does not necessarily mean the person will get their award letter right away.
The judge still has to write up a decision and send the claim to SSA. Then SSA will send the claim to the payment center to figure out how much to pay that person.
How Will They Decide If The Date I Submitted Is Correct
In order to determine your official disability onset date, the Social Security Administration will consider the statement in your application as to when you became too disabled to work. They will then look at your work history, and the medical evidence that you have provided them with.
If the date you listed is consistent with all of the evidence available, then they will certify that date as your disability onset date. However, if the date you gave them is not consistent with the evidence, then they may explore other sources of documentation. This could mean that they will seek additional information from people you know, such as your friends, family members, and former employers but they will not contact these people without your permission.
If the Social Security Administration determines that the onset date you provided is inaccurate, then they will set the disability onset date themselves, by choosing the date that it is most reasonable to conclude from the evidence. If you have questions about this process or about the Social Security Disability process, reach out to attorney Paul Giannetti today.
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B How Do We Determine Whether A Claimant Meets The Statutory Definition Of Disability And If So When The Claimant First Met That Definition
We need specific medical evidence to determine whether a claimant meets the statutory definition of disability. In general, an individual has a statutory obligation to provide us with the evidence to prove to us that he or she is disabled. This obligation includes providing us with evidence to prove to us when he or she first met the statutory definition of disability. The Act also precludes us from finding that an individual is disabled unless he or she submits such evidence to us. The Act further provides that we:
hall consider all evidence available in individual’s case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability.
In addition, when we make any determination, the Act requires us to:
ake every reasonable effort to obtain from the individual’s treating physician all medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.
We consider all of the evidence of record when we determine whether a claimant meets the statutory definition of disability. The period we consider depends on the type of claim and the facts of the case. For example, a claimant who has applied for disability insurance benefits under title II of the Act must show that:
How Does Ssa Calculate Your Date Last Insured
SSAs policy for calculating DLI is based on the number of credits you earned throughout your history of employment, and the date you stopped working.
To be eligible to apply for disability benefits, you must prove that you have worked long enough and have therefore earned enough work credits to qualify.
Claimants 31 years and older: The number of work credits needed for SSDI depends on your age when you become disabled. As a rule, you need 40 credits, 20 of which being earned in the last 10 years ending with the year you become disabled.
Fewer quarters are required for younger applicants.
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Social Security Disability Programs
There are two Social Security disability programs . They are Social Security Disability Insurance and Supplemental Security Income . There are some differences and some similarities in the two programs.
The definition of disability under Social Security is the same under both programs. Disability is defined in Social Security law as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
When you apply for either program, the DDS will collect medical and other information from you and make a decision about whether or not you meet Social Security’s definition of disability.
SSDI pays disability benefits to you and certain members of your family if you are “insured” meaning that you worked long enough and paid Social Security taxes. Once eligible, there is a five month waiting period before payments begin and Medicare benefits can start no sooner than two years after being allowed.ï¿½ There are several types of SSDI benefits:
Disability Insurance – These benefits pertain to those people under retirement age who have insured status based on their own earnings.
SSI pays disability benefits based on financial need. There is no waiting period for payments to begin or Medicaid benefits to start.ï¿½ There are several types of SSI benefits?
The DDS may contact you to:
When Can The Ssa Change Your Alleged Onset Date
If the SSA disagrees with the date you say you became disabled, it can establish an onset date that’s later than you think is correct. If the SSA sets the onset date, it’s called the established onset date , rather than the alleged onset date . However, the SSA has to have contrary medical evidence to show that your alleged date is wrong and that its EOD is correct.
To determine your EOD, the SSA will look at your AOD, when you last worked, and what the medical evidence shows.
If the SSA finds that an applicant went back to work for some time period after applying for benefits, the agency will likely give the applicant an EOD of the date the applicant last worked this job.
Overview Of Alleged Onset Date For Purposes Of Ssdi
When you apply for benefits under the federal Social Security Disability Insurance program, one piece of information you must supply is your Alleged Onset Date which is the date you assert your disability began. If the Social Security Administration eventually approves your application, you may qualify to receive retroactive payments going back as far as your AOD. The details will depend upon your specific circumstances, so its important to get advice from a knowledgeable regarding such issues. However, some answers to common questions about AOD may be informative.
Why does my AOD matter? The date is important because it determines how much back pay you can receive as SSDI benefits. When your application is approved, youll start receiving payments going forward, at least until your disabling medical condition ceases and you go back to work. AOD refers to the benefits that you can obtain going back as far as 12 months from the date you submit your application, assuming that you were disabled at that point.
For instance, you apply for SSDI on 06.01.2019 and state that your AOD was 03.01.2019. If SSA agrees with your assertion regarding your AOD, you can receive back pay for the three months prior to applying for SSDI benefits.
The only was SSA can make this change is if the claims examiner finds medical evidence that contradicts your AOD and proves your EOD.
Set Up a Consultation with a Maryland SSDI Lawyer Today
Iii Business Cycles And Disability Insurance Claiming
We begin by examining the relationship between unemployment and disability insurance application over the last two decades. presents a smoothed time series of quarterly SSDI applications against the seasonally adjusted national unemployment rate between 1992 and 2012. The shaded areas mark the last two recessions which took place March 2001November 2001 and December 2007June 2009 as dated by the National Bureau of Economic Research. Note the start of our observation period immediately follows the July 1990March 1991 recession.
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The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register issues a regulation granting it official legal status. For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA’s archives.gov.
A How Does Work Activity Affect Our Determination Of The Eod
We consider the date the claimant stopped performing substantial gainful activity when we establish the EOD. SGA is work that involves doing significant and productive physical or mental duties and is done for pay or profit. If medical and other evidence indicates the claimant’s disability began on the last day he or she performed SGA, we can establish an EOD on that date, even if the claimant worked a full day. Generally, we may not determine a claimant’s EOD to be before the last day that he or she performed SGA.
We may, however, determine a claimant’s EOD to be before or during a period that we determine to be an unsuccessful work attempt . A UWA is an effort to do work that discontinues or reduces to the non-SGA level after a short time because of the impairment or the removal of special conditions related to the impairment that are essential for the further performance of work.
What Is My Disability Onset Date
Created by FindLaw’s team of legal writers and editors
Your disability onset date is the date at which you became unable to work as a result of a disabling medical condition. Payments are not made retroactively but begin with the application date, provided all other eligibility conditions are met.
It is important for the Social Security Administration to determine your onset date of disability because it may affect your benefit pay period or even your eligibility for Social Security Disability Insurance or Supplemental Security Income benefits. The SSA bases this date on medical records, work history, applicant allegations, and other types of evidence.
The following information highlights the ways in which the SSA determines your disability onset date. If you still need help, consider speaking with a Social Security disability lawyer near you.
Social Security Award Letter: A Complete Guide
Did you receive a Social Security Award Letter? This complete guide explains everything you need to know about an SSA Award Letter.
Congrats, you got a Social Security Award Letter. If the Social Security letter says Notice of Award, then congratulations, you won! Your disability claim was successful.
Your hard-fought battle has finally shown results. Many people give up on their claims before ever getting to this point. Feel very proud you stuck it out until the end.
However, a Social Security Award Letter can be overwhelming. The letter can have 20 pages or more, with confusing rules and regulations. It can also have lots of financial amounts and dates. This information may not always align with what you or your lawyer were expecting.
An SSA Award Letter is so complex that our firm has a highly trained paralegal to analyze each claim. We ensure our clients maximize their financial results and make sure Social Security has made no mistakes!
Therefore, our disability claim lawyers are here to help break down some of the most critical information about the Social Security Award Letter for you.
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Talk To Your Lawyer About Your Onset Date
I discuss my clients onset date as soon as I open a new file. My experience has been that if we are going to try to move the onset date back in time to an earlier date, we need to do that as soon as possible. Remember that at the initial and reconsideration appeal levels, Social Security takes on the responsibility of requesting medical information. The request letters they send out to your doctors will reference a specific date, i.e., please send us medical records from August 17, 2014 to the present.
If we later want to argue that your onset date was May 3, 2014, medical records from May through August may not be in the file and we will have to scramble to get them.
If your hearing judge does not have records dating back to the onset date and earlier, then your chances at convincing him to move the onset date back are small.
Many times the onset date used in a claim seems to be somewhat arbitrary. Ill ask my client why did you choose September 3, 2013 as your onset date and the answer will be something like thats what the lady from Social Security suggested. Remember that as a general rule, the earlier your onset date, the bigger your past due payment check will be. This is just one reason to spend a little time thinking about your onset date.
Official Transcript: What Is An Amended Onset Date In Social Security Disability Benefits
Hi Im Sharon Christie your nurse attorney for Social Security disability benefits. Today I want to talk to you about the onset date and what that means. What it means if you have to amend the onset date now when you file your application theres a question in the application that asks you when did you become unable to work.
Now what that question really means is when did you stop working at a gainful activity level and for most people thats when did you stop working full-time or when did your medical condition become so bad that you could no longer work. So sometimes well see cases where somebody has stopped working for reasons unrelated to their health even though they were having health problems, but within a short period of time they actually have a significant deterioration in their health. Such that even if they were still working, they would have to stop. Thats what the onset date is all about and its a very important date because Social Security is going to look at your medical evidence from that date and they usually go back about a year prior to that date. But youre mostly focused on that date going forward.
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What Is The Onset Date For Social Security Disability
What is the Onset Date for Social Security Disability?
When you file for Social Security Disability , part of the application process is establishing a timeline of your medical history related to your disability. In that timeline, the most important date youre going to have to include is what is called the onset date. The onset date is the date you claim your disability began. In reality, it might actually be on a specific day the day you were injured, for example or it might not really be one day in the event of an illness or other condition that kept getting worse until it just became too much. Either way, it will be up to you to provide the SSA with a specific onset date.
What Can You Do If The Ssa Changes Your Aod
If the SSA changes your AOD to a later EOD, causing you to lose some backpay, you can appeal the new established onset date by asking Disability Determination Services to do a reconsideration of the EOD. Or, if you already at the hearing stage, you would ask an administrative law judge or the Appeals Council to review the EOD. But beware: when you appeal the onset date, the DDS or SSA can review the disability determination and could potentially reverse your approval. If you’ve been approved for benefits, you should speak to a disability lawyer for help appealing an EOD.
Sometimes when Social Security changes your AOD to a later EOD, it is still more than 17 months earlier than the date you applied for disability benefits. In this case, the change in date won’t matter, since you can’t get paid backpay benefits for more than 12 months before your application date .