Gardberg & Kemmerly, P.C. Attorneys at Law

Amending Your Alleged Onset Date

As discussed in an earlier post, your alleged onset date is an important issue in your case. Sometimes you will be asked to consider amending your alleged onset day, usually so that it matches the medical evidence in your file. Other times, you may have worked after your original alleged onset date and will need to amend the date to after the last day you worked. There are several benefits and consequences of amending your alleged onset date.

If you have a Supplemental Security Income (SSI) claim, the most Social Security will pay you in backpay (or past due benefits) is back to the first full month after your application date. This is one reason why it is so important to file your claim as soon as possible after you become unable to work. Even if an Administrative Law Judge finds that you became disabled years prior to your application date, you will only be able to get backpay for the time after your application. However, if you amend your alleged onset date to a date after your application, you could lose some backpay. There are many reasons to amend; for example, you may have a significant birthday (you turn 50 or 55) during the course of your appeal. Talking with an experienced attorney can help you navigate any issues you may face regarding amending your alleged onset date.

The consequences of amending your alleged onset date in a Social Security Disability (SSDI) claims can be a little different. In these claims, you can receive backpay up to 12 calendar months prior to your application date. You also receive Medicare 24 months after you first become eligible for Social Security disability benefits, which, of course, depends on when you're found to have become disabled. In this situation, amending your alleged onset date can have a significant impact on your backpay and on your Medicare benefits. Again, talking with an experienced Social Security disability attorney can help you sort through these issues to make sure you are getting all of the benefits you are entitled to.

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