Intelligent, Aggressive Representation For The Injured And Disabled

Attorneys Gardberg & Kemmerly
Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly


by | Aug 3, 2015 | Social Security Disability |


As any Social Security disability attorney or practitioner can tell you, one of the most important facts in a Social Security case is a claimant’s work history. It affects multiple aspects of the disability decision, particularly Steps 1 and 5 of the determination. Analyzing past relevant work at Step 5 is an obviously important part of the decision. However, knowing past work details can be just as important at Step 1. This is why it is important to know your client’s wage history as soon as possible. You can do this by requesting a Detailed Earnings Query (DEQY) and New Directory of New Hires (NDNH) once a case is at the Office of Disability Adjudication & Review.

Many times claimants may not know the exact date they stopped working. Other times, a client may not know why they chose the exact date they picked for their alleged onset date. Sometimes they are helped along by Social Security field office workers who suggest that a claimant pick “the last day they were able to work,” which doesn’t always coincide with the last time the claimant attempted to work. Unfortunately, this can all lead to problems down the line if there are earnings after the alleged onset date of disability (AOD). The easiest and fastest way to address this is to get a copy of the claimant’s wage history as soon as possible. By doing this, you are able to timely address the issue of the alleged onset date of disability and post-AOD earnings. Perhaps you will need to argue that there was an unsuccessful work attempt. Perhaps your client will need to obtain documentation that the earnings showing up on his or her record are from worker’s compensation or from excess sick leave that was paid after he or she stopped working. Perhaps you will need to talk with your client about amending his or her onset date of disability. In any of these situations, it’s best to get ahead of the issue at the beginning of the case.

The disability attorneys at Gardberg & Kemmerly, P.C. fight for claimants throughout the Gulf Coast area, including, Alabama, Florida, Mississippi, and Louisiana to obtain the Social Security disability benefits they deserve. For a free case evaluation, contact one of the experienced disability attorneys at Gardberg & Kemmerly, P.C. today at 251-343-1111.



RSS Feed