Gardberg & Kemmerly, P.C. Attorneys at Law

Onset Date of Disability

Onset Date of Disability

When a Claimant first files for Social Security disability, he or she is asked for the onset date of disability or the date that he or she first became unable to work due to as a result of a disabling medical condition. For some, this question can be answered easily if they became disabled after a car accident or after having been diagnosed with cancer. The onset date of disability would be the day of the accident or the day they were diagnosed. Most disability applicants allege that they became disabled on their last day of work.

The onset date of disability can often determine how much a Claimant can get in back pay from the Social Security Administration (SSA). For those with a Social Security Disability Insurance (SSDI) claim, benefits can be paid back up to a year before filing the application for disability. A Claimant should also know that SSA requires an individual to be disabled for five full months after the disability onset before he or she is entitled to payments. Similarly, those approved for Social Security disability are not entitled to Medicare until they have been disabled for two years and five months. A Claimant's eligibility date for Medicare is based on the onset date of disability.

For supplemental security income (SSI), the date of disability will not affect a Claimant's back pay. By law, SSI benefits begin the month after a Claimant files for disability. If a Claimant files in July of 2017, SSI benefits including Medicaid would begin August of 2017. Regardless of when the alleged onset date of disability, the Claimant must have medical records to support the date listed.

For more information regarding Social Security disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. 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. Gardberg & Kemmerly, P.C. has been helping Social Security claimants with their disability claims for over 50 years.

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