The Onset Date is the Date You Became Disabled.
Each SSDI case is different, and so are the onset dates. Firstly, some onset dates are associated with a traumatic event or accident. For example, the date of an accident which led to your inability to work might determine this date. In other scenarios, like chronic illness cases, onset date may be unclear. There is often an unclear timeline for chronic illnesses and disabilities. This may make it more difficult to establish a clear date.
Determining the onset date for a disability, involves consideration of your allegations, work history, if any, and the medical and other evidence concerning the severity of your medical condition. After collecting this information, each aspect of this criteria is weighted by relevancy. Additionally, the available evidence will depend on your individual case. The day your illness caused you to stop working is a key factor in determining this date. Choosing the correct date is very important. It will have an impact on what kind of benefit you could receive. Additional information can be found on the Social Security Administration website.
If you have any question about your disability onset, our Social Security Disability Insurance and Supplemental Security attorneys may be able to help. Give Barkan Meizlish, LLP a call today.
COVID-19 FAQ
LAYOFFS AND FURLOUGHS DUE TO COVID-19 IN OHIO: WHAT ALL EMPLOYEES NEED TO KNOW.
Employers across Ohio are closing their operations due to Gov. DeWine’s declaration of a state of emergency and the “Shelter in Place” Order. While the emergency declaration and the “Shelter in Place” Order are necessary to #flattenthecurve, many Ohio businesses are reducing their workforce due to the coronavirus pandemic through layoffs, furloughs, reductions in hours, and pay cuts. The business decisions an employer makes have different impacts on its employees.
If you have been laid off, furloughed or had a reduction in hours, you have important rights.
OHIO UNEMPLOYMENT BENEFITS
The emergency declaration expands unemployment coverage in Ohio until the emergency declaration is lifted.
The online form to apply is found at: http://www.odjfs.state.oh.us/forms/num/JFS00671/pdf/. Applying online will help expedite your application.
If you are working, but have a reduction in hours, you may still be eligible to apply; however, your earnings will be deducted from your maximum benefit amount. This means if what you earn in a week with reduced hours is more than your state maximum benefit, you will not receive unemployment. Maximum Weekly Benefits are:
THE CORONAVIRUS AID, RELIEF, AND EMERGENCY SECURITY ACT
The federal Coronavirus Aid, Relief, and Emergency Security Act or the “CARES Act” that passed on March 27, 2020 impacts your unemployment benefit entitlement and Maximum Weekly Benefits. Under this federal stimulus law, if you have an unemployment claim in Ohio, you are entitled to an additional weekly $600 Federal Pandemic Unemployment Compensation payment on top of existing state unemployment benefits for a maximum of thirty-nine weeks, subject to further extension rules. Further, sick employees who have the coronavirus can also collect unemployment if they are not receiving paid leave benefits.
The CARES Act mandates extension of unemployment coverage to an individual who is otherwise able to work and:
WAGE AND HOUR CONSIDERATIONS
No pay means no work.
If you have had your normal work hours reduced, your employer cannot require you to do any work outside of those reduced hours without you getting paid for it. In other words, if an employer asks an employee to do any work during the reduced hours, then the employee must be compensated for that time. Things like answering emails, taking phone calls, picking up mail, etc. are all work activities for which employees must be compensated.
Wages
An employer cannot reduce an hourly employee’s pay below the Ohio minimum wage which is currently $8.70 per hour. Employers cannot reduce a salaried employee’s weekly wage below $684 per week. Both of these are still violations of the Fair Labor Standards Act and the Ohio Wage Act.
Payment
The Ohio Prompt Pay Act remains in effect. Employers must still pay employees at least on a bi-weekly basis and cannot make an employee wait more than 30-days for their paycheck.
NEW FAMILY MEDICAL LEAVE RIGHTS AND PAID SICK TIME
On March 18, 2020, the federal Families First Coronavirus Response Act (FFRCA) became law. The law includes two new important provisions for Ohio workers: 1) an emergency expansion to the Family Medical Leave Act (FMLA) and 2) a new Emergency Paid Sick Leave Act that requires paid leave for employees forced to miss work because of the COVID-19 outbreak in certain circumstances:
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
EMERGENCY PAID SICK LEAVE ACT
Requires private employers with fewer than 500 employees and public employers regardless of size to provide up to 80 hours of paid sick leave to employees on top of what the employer now provides (if any). This new paid sick time applies to employees who are unable to work, or telework, because the employee: