Considerations for Determining Your Alleged Onset Date for Social Security Disability
In the process of filing a claim for Social Security Disability benefits, you will need to supply the alleged onset date, which is the date that you allege that your disability began. This date is important because if your claim is approved, you may receive up to 12 months of back pay after the five-month waiting period. For example, let’s say you applied for SSD benefits on September 1, 2014. You allege that your disability began on July 6, 2014, and your claim for benefits was approved on June 27, 2015. If the Social Security Administration agrees with your AOD date, you would be eligible to receive back benefits beginning December 6, 2015 because benefits do not begin until five months after the AOD date of July 6, 2014.
What happens if the Social Security Administration disputes my AOD?
Your AOD is determined by using several factors including your work history and your medical evidence. Your AOD is the date when your entitlement to Social Security Benefits begins and it includes the five-month waiting period. You can estimate your AOD by looking back to when you were last able to work a 40-hour week without significant interruptions from the symptoms of your illness and for treatment.
It is vital that the AOD is accurate according to your medical evidence and work history because this date is a deciding factor in whether or not your claim will be approved. You must be, or expected to be disabled for at least 12 months in order to qualify for SSD benefits. Your AOD is the date from which this 12 month requirement is measured.
If the SSA disagrees with your AOD, they can change the date and establish a date that is later than your estimate. When the SSA revises your AOD and sets a new one, it is called the established onset date (EOD)
Can I appeal the SSA’s Established Onset Date?
If the EOD that the Social Security Administration assigns to your case is much later than your AOD, you might feel like you are missing out on some back benefits. However, it is not always a wise move to appeal an EOD decision because this would trigger a review of your entire case and you run the risk of losing the benefits you have already won. In your quest to recoup some money you put your entire benefits claim in jeopardy.
As you can see, this is quite a complex issue, and selecting the wrong AOD can cause you to lose your claim to benefits. If you are filing a Social Security Disability claim and you have questions about your AOD, you might benefit from scheduling a consultation with an experienced Memphis SSD lawyer who can advise you, and represent you if an appeal makes sense given the facts of your case.
Contact a West Tennessee SSD attorney at the law firm of Bailey & Greer, PLLC today to discuss your Social Security Disability case. We are here to be a strong advocate for you and do whatever we can to help you obtain disability benefits. We have offices in Memphis and Jackson to better serve you.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
Read more about Thomas R. Greer