What Does Onset Date Mean?
Simply put, an onset date is a date that you initially sustained an injury or became disabled. This is something that plays a significant role in your SSI approval and back pay amount and can make or break your Social Security Disability case. If you need assistance in determining your onset date you should consult with a reputable disability lawyer like those here at Barkan Meizlish LLP.
Determining the onset date for a disability involves the consideration of your allegations, work history if any, and any medical and other evidence concerning the severity of your medical condition. There are two distinct onset date classifications that you need to understand when dealing with SSI disability. AOD, or alleged onset date, is the date you will provide the social security administration when applying for your benefits. The EOD, or established onset date, is the date in which the social security administration has established the start of your disability.
Alleged Onset Date
Your alleged onset date is the date that you submit to the SSA when filing your claim. This is very important as it will determine the amount of backpay you are eligible to receive up to a maximum of 12 months worth. If the Social Security Administration approves your AOD then you will receive back pay starting 5 months after your AOD, to the day your claim was approved. For example:
- AOD is 1/1/2019
- Claim accepted 8/1/2019
- You receive back pay between 6/1 and 8/1 of 2019.
Established Onset Date
If the Social Security Administration disagrees with your alleged onset date then they may instead opt for a new later EOD, or established onset date. This can only be done if they have sufficient medical evidence proving that your onset date is later than the AOD you submitted. On the other hand, if the AOD is accepted and approved it effectively becomes the new EOD.
Disputing EOD
If you feel that the SSA has cheated you of some back pay then you can dispute the established onset date through the DDS, or Disability Determination Services. Upon this, the DDS will review the EOD and determine whether or not it is going to be upheld.
Disputing an EOD should not be taken lightly as it may trigger a review of the disability determination and could potentially trigger a complete revocation of the disability ruling.
Another thing to keep in mind is that if the EOD is still more than 17 months before the initial SSI claim then you won’t be losing any backpay and should refrain from disputing the EOD altogether. To prevent losing your benefits over a discrepancy in AOD and EOD, you should consult with one of our Columbus disability lawyers at Barkan Meizlish LLP.
Disability Lawyer Columbus, Ohio
Filing for SSI disability is a complex task that should not be taken on alone. You have already dealt with enough from your injury and trying to take on the entire Social Security Administration without the help of a professional will only make things worse. More information on social security disability can be found here.
If you need assistance in determining your AOD or disputing an unfair EOD then you need to contact the trusted disability lawyers here at Barkan Meizlish LLP. We will walk you through every step of your claim and ensure you get the monthly compensation you deserve.
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 DeRose Cox, LLP a call today.
Can I Fight Back Against an Administrative Law Judge’s Decision on my SSDI Claim?
Fighting the ALJ’s Decision
Picture this: you have made your way through the long disability determination process. Finally, you have had a hearing in front of an Administrative Law Judge (ALJ). But unfortunately, the ALJ’s decision is not in your favor, and your claim was denied. You may find yourself asking- what now? At this point, Social Security gives you a couple of choices.
The ALJ Denied My Social Security Benefits – What Are My Options?
Option 1:
Your first option is to appeal the ALJ’s decision to the Appeals Council. The Appeals Council is another component of the SSA, with its headquarters located in Falls Church, VA. The appeal must be filed within 60 days of the ALJ’s decision. You don’t get another hearing at this level. Rather, the Appeals Council will review the ALJ’s decision, the evidence in your claim file, and legal arguments submitted by your attorney in support of the appeal. The Appeals Council will then make a new decision.
The Appeals Council may uphold the ALJ’s decision and deny your claim again. Alternatively, it may reverse the ALJ’s decision and send your claim back to the ALJ with instructions to take another look at it. This is called a remand. Lastly, the Appeals Council may reverse the ALJ’s decision decision enitrely and award benefits to you directly. Because the Appeals Council handles appeals from ALJs all over the nation, it usually takes 12 to 18 months to receive a decision. For full details on the appeals process, you can check out the SSA’s website.
Option 2:
Your second option is to file a new application for benefits. Social Security no longer allows you to file an appeal and a new application at the same time, except under limited circumstances.
The best decision for you depends on several factors, including the strength of the evidence in your claim; whether you continue to be insured for the disability benefit; the ongoing state of your health; and of course any legal mistakes the ALJ may have made in denying your claim.
This decision is best made in consultation with a Social Security Disability Insurance Attorney who is familiar with your case and can advise you as to your options.
Originally published on December 2nd, 2015