Gardberg & Kemmerly, P.C. Attorneys at Law

The Alleged Onset Date of Disability in a Social Security Disability Case

The Alleged Onset Date of Disability in a Social Security Disability Case

When a Claimant applies for Social Security disability, the applicant is asked for the date for which the applicant's inability to work began. Generally, this is the date that either the applicant stopped working, was involved in an accident, or was diagnosed with an illness. This is known as the "Alleged Onset Date." In Title II claims for Social Security disability, the alleged onset date will determine when a Claimant's back payments will start. A Title II Claimant can receive back pay for up to one year before the Claimant filed. However, back payments will not start until after the Claimant has been disabled for five full months.

A Claimant's alleged onset date must be supported by medical evidence. If the original date chosen as the alleged onset date is not supported by medial evidence, a Claimant may amend the alleged onset date. Similarly, because the analysis for disability changes based on the Claimant's age, amending an onset date to the Claimant's 50th or 55th birthday may be beneficial and result in a Fully Favorable Decision. If a Claimant wishes to change his or her alleged onset date while at the initial level, the Claimant can notify his or her local field office in writing. Similarly, the alleged onset date may also be amended while awaiting a hearing at the Office of Disability Adjudication and Review (ODAR). The Claimant must submit a written notice to ODAR with his or her name, social security number, and new onset date.

Before submitting a change of the alleged onset date, a Claimant should consult with a Social Security disability attorney so as to fully understand the implications that arise with such a change. For more information on Social Security disability benefits, alleged onset dates, and amending an alleged onset date, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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