Established Onset Date
Chicago Lawyers for SSDI Benefits
Your disability start date is an important component your claim for Social Security Disability Insurance (SSDI) Benefits. What you claim on your SSDI application as your disability start date is known as an “alleged onset date.” The alleged onset date will determine when you were first eligible for disability benefits and how long ago the backpay will reach. If you are concerned about the imposition of an established onset date for your SSDI claim, the skillful Chicago Social Security attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can answer your questions about the claims process.
Alleged Onset Date
The alleged onset date you claim will impact your SSDI benefits should your claim be accepted. You can get retroactive pay with SSDI as far back as 12 months from the date of your application for benefits if you were disabled before then. In order to receive a full 12 months of back pay, you will need to have become disabled a minimum of 17 months before your application date. There is a five-month period after you become disabled during which time you will not be paid or owed benefits. Additionally, you should be aware that Supplemental Security Income has no retroactive pay.
The disability onset date will determine how much you can get in past due benefits. However, in some cases, the Social Security Administration disagrees with the alleged onset date you provide. Perhaps it believes you weren’t disabled until six months later. In that case, you would only get benefits from five months after the onset date claimed by the Social Security Administration, and not the onset date you claim. The onset date you give can also affect whether your claim will be approved. You need to be disabled for 12 months to qualify for disability benefits, so the onset date can affect your qualification for benefits. A seasoned SSDI lawyer can help with this and other portions of your claim for benefits.
Established Onset Date
When the Social Security Administration disagrees about the date your disability began, it might establish an onset date that falls at a later time than what you believe is accurate. This can be stressful if you were counting on getting disability benefits that start at an earlier date. The date set by the Social Security Administration is the established onset date. The Social Security Administration needs to have contrary medical evidence to prove the alleged onset date was wrong and the established onset date is right.
The Social Security Administration can get proof of your onset date by looking not only at your alleged onset date, but also the last date on which you worked, your medical documentation, and other evidence. So, for example, if you went back to work even though you believed you were disabled or after applying for benefits, you will probably be given an established onset date of whenever your last date at the job was. However, if you applied for SSDI because you couldn’t work and then tried to go back but failed at going back, you might be able to argue you had an unsuccessful work attempt. In that case, you may be able to keep the alleged onset date you originally stated in your application.
When the Social Security Administration changes your alleged onset date to a later established onset date and you lose some backpay as a result, you may be able to appeal the established onset date. The appeal is filed by asking the Disability Determination Services to reconsider. Sometimes it is possible to ask the administrative law judge or Appeals Council to review the established onset date, depending on what stage of the process you are at. It is important to consult an attorney, as an appeal can jeopardize the approval of your claim.
Consult a Chicago Attorney About Your SSDI Claim
At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, our Social Security Disability lawyers may be able to help you with your application for SSDI benefits in Chicago, and help you appeal an established onset date that you believe is inaccurate. We can assist clients in Springfield, Champaign, Aurora, Rockford, and Quincy, as well as Adams, Champaign, Sangamon, Winnebago, Kane and Cook Counties. We will examine your SSDI case to consider whether there are other avenues of relief as well, such as workers’ compensation or personal injury. We can be reached at 312-724-5846, or via our online form.