There is a recent trend in Social Security Disability cases where Administrative Law Judges (‘ALJ’s’) ask a Claimant to amend their onset date. While we do not plan on amending your onset date, just in case you encounter it in your Social Security Disability hearing, we want to briefly take the opportunity to explain its significance.
The onset date is the date in which you claimed you became disabled and thus no longer able to work. The Administrative Law Judge (‘ALJ’) may agree or disagree with your claimed onset date.
The ALJ may, based on how the judge views the evidence in your case, amend your onset date for a number of possible reasons. Some of the reasons include:
- Amending the onset date to after you turn 50 or, in some cases 60 may result in a more favorable treatment of your case;
- Amending the onset date may allow the Judge to take into account other medical conditions which were diagnosed after the onset date claimed in the application;
- Amending the onset date to after you finally stopped working because of your disability. There may be periods where you attempted to go back to work after your onset date where you earned above what social security considers substantial gainful activity, which can prevent you from being granted a favorable decision. An amended onset date to after all of your work attempts stopped may result in a more favorable decision;
- Amending your onset date to after you stopped using drugs or alcohol. By law, the use of drugs and alcohol can defeat a claim for disability; or
- Amending your onset date to when you stopped collecting unemployment. Some judges view this as double dipping for benefits, and will start your disability when you stop collecting unemployment.
While the amendment of an onset date does not guarantee a favorable decision, it does remove some obstacles, and improves your chances given your circumstances.
There are also some pros and cons to amending the onset date. The most significant con is that if your onset date is pushed into the future, you may lose some of your back owed benefits. Additionally, it is important to remember benefits are payable six months from the onset date. Therefore, if your onset date is amended, benefits will be paid 6 months from the changed onset date. However, there are some very important pros to amending your onset date. Amending the onset date may improve your chances of winning your case. Also while you may lose some back benefits, you will have your monthly benefits going forward, so it may be worth it.
Not all cases need or warrant a change to the onset date. Every Judge is different. We wanted you to be aware of the possibility and the implications prior to your hearing, as there is not a lot of time for explanation during the hearing. Should you have any questions at all please contact our office.
