Your onset date (called your Alleged Onset Date or AOD by Social Security) represents that date that you allege that you became disabled.  Usually your AOD will be the day after you last worked, although in some instances I have been able to argue for an AOD that was two or three months prior to my client's last day of work if my client had changed from full time to part time, if the job had become a "make work" situation or if my client was missing days or parts of days.

Similarly, I have tried cases in which the AOD was several months after the last day of work.  This happens when a person is laid off because his employer is cutting staff and the medical evidence shows that the employee's disability began at some point after the layoff.

In general, however, as rule of thumb, the last day of work is a good choice for your Alleged Onset Date.

Why, then, would a judge change your onset date?  Usually, a Social Security judge will try to associate your onset date to a specific medical treatment record.  For example, if the basis of your disability is back pain and an MRI showing a herniated disc is dated September 28, the judge may choose September 28 as the onset date.  Obviously in this example, your disc was herniated on September 27 and probably on August 27 and July 27 as well, but September 28 is a date on which there is objective evidence of a medical problem consistent with your testimony.

In other cases, a claimant may choose an onset date going back 5 or more years, sometimes long before that claimant stopped working.  In these cases I recommend to my client that we amend the onset date proactively, at the beginning of the hearing or in a written pre-hearing memo.  I believe that judges appreciate attorneys and claimants who are prepared to narrow the issues and to avoid wasting time.

If the judge was to randomly select another date, such as July 27, the Appeals Council could reverse the decision on the basis of an absence of evidence.  Unfortunately, for some judges a claimant's testimony is not enough if there is no other evidence supporting that testimony.

More and more often, I am seeing Social Security judges proposing an amended onset date during a hearing.  In such a situation, I will ask to step outside with my client to discuss.  Usually, I can predict when this type of thing may happen and I will discuss a possible onset date change with my client during out pre-hearing conference.

Whenever I sense that a judge wants to amend the onset date, I will take a close look at the exhibit file to identify my client's "date last insured" (also called his DLI).  The DLI represents that last date that a claimant is insured for Title II disability purposes.  If the onset date is changed to some date after the DLI, then that claimant would not be eligible for SSDI benefits.   SSDI insurance requires (in most cases) work for 5 out of the 10 years prior to onset.  As such, coverage usually extends about 5 years after you stop working.  In any case, SSA calculates the DLI and includes this date in the Exhibit file.

If the judge proposes an amended onset date to some date after the DLI, I will usually not recommend that my client accept the proposed amended onset date, even though I know that by refusing the judge's offer, the case will most likely be denied and we will have to deal with the Appeals Council.

Post from: Social Security Disability Blog

What Does it Mean When a Judge Wants to Change Your Onset Date

i got an amended date signed by the judge but the  social ser, office only went back to 2005 when i had the hearing  and not the amended date that i was told they would go too. can you help me undersatnd this date stuff.
–Sandra

My reponse: Sandra, for sake of this blog post, I am going to talk mainly about SSDI benefits.  I'll touch on SSI but I'll make SSI date calculations the subject of a later post.

So that everyone is on the same page, when I speak about SSDI, I am talking about Title II disability – the kind of disability that you receive if you have worked and paid money into the system.  In order to qualify for SSDI, you have to be "insured" and have enough credits.  I am going to assume that Sandra has enough credits and that there is no issue regarding her eligibility for SSDI.

When you apply for SSDI, you will be asked about the "onset date" for your disability.  Since you are contending that you no longer have the capacity to work, I usually find that a good onset date is the day that you left your last full time job.   You can voluntarily change your onset date – sometimes I discover that my client chose a date that was many months after he was able to work and I amend the onset date to an earlier date.   In other cases, I find that my client used an onset date that was two or three years before she stopped working – in that case I might recommend that we amend the onset date forward as it is hard to argue that my client is disabled when she was still working full time.

If you are not sure what date you used as your onset date, ask your attorney.  He can usually get a copy of your original application for disability.

My point here is that when you walk into your hearing, you and your lawyer should be in agreement as to the onset date you are trying to prove.

Your judge, of course, is not bound to your choice of an onset date.  I have been involved in many hearings where the judge changes the onset date – usually making it later.  The judge will amend the onset date if he believes that the medical evidence does not support a finding of disability until XYZ date.   Some judges will choose a date that relates to a surgery or a definitive diagnosis.

Sometimes judges will propose an amended onset date based on your age.  If you meet a "grid" rule as of your 50th or 55th birthday, for example, your judge may propose amending the onset to that birthday.

In my experience, judges will raise the onset date issue during the hearing and offer you and your attorney an opportunity to amend the onset date.

The onset date, whether amended or not, represents the date that you meet Social Security's definition of disability.  What does that have to do with payment?  The answer – not much.

Payment issues and onset issues are completely different concepts.  For payment purposes:

1. the first five full months after onset are not payable by SSDI – this is called the "5 month waiting period."

2. you can get paid up to 12 months prior to your date of application

Examples:

1.  Tom applied for benefits on 3/5/2007, alleging an onset date of 3/3/2007.  He was approved.  His first check will be for September, 2007.   Why?  He does not get paid for the partial month of March, 2007, plus the next five full months – April through August, 2007.

2. Sally applied for benefits on 2/7/06, alleging an onset date of 4/10/05.   She was approved.  Her first check will be for October, 2005.  Why?   She does not get paid for the partial month of April, 2005, plus the next five full months – May through September, 2005.  If Sally is eligible for SSI, she collect SSI for April, 2005 through September, 2005.  There is no 5 month waiting period for SSI benefits.

3. Ralph applied for benefits on 6/15/07, alleging an onset date of 3/17/03.  He was approved.  His first check will be for July, 2006.  Why?  He is eligible to receive benefits up to 12 months prior to filing.  The five month waiting period ran in 2003, before he was eligible for payment.

Post from: Social Security Disability Blog

Am I Getting the Right Amount of Money – Understanding Social Security's Date Calculations

If you have worked consistently for 10 years then stopped working, therefore, you "insurability" will follow you for approximately 5 years.

One of the pieces of information I always look for is my client's "date last insured" for SSDI.   If you have not worked regularly or if there is a big gap between dates that you worked, your date last insured could be an issue.  In order to recover SSDI, your onset date has to be earlier than your date last insured.

This, by the way, is why part time work and large gaps between work attempts can create issues.  When you add a lot of zero dollar quarters into the calculation, the date last insured will get closer and closer to the present.

The amount you received from SSDI is a function of what you paid in.  If your annual earnings were in the $75,000 range your monthly SSDI benefit will be in the $2,000 + range.  If your annual earnings were in the $20,000 range you are more likely to be looking at $1,000 or $1,250 per month.

SSI, by contrast, is a welfare program that pays a statutory amount (around $670) to individuals who meet the definition of disability but who are not insured for SSDI.   The problem with SSI – household income serves to reduce the benefit, sometimes dollar for dollar.  So, if your spouse is working and earning $50,000 annually, your SSI benefit will be totally offset.

Here is a question I received from one of my readers:

my husband was recently given a fully favorable decision and is insured and eligible for ssdi. i would like to know what they use to decide whether you get ssdi or ssi considering ssi is so much less than ssdi.do you get ssdi automtically if you're insured or are there other factors.

My answer: your eligibility for SSDI is solely based on your insured status.  There are some instances where you can get both.  If your SSDI benefit is low (say $500) and you are eligible for your full SSI benefit, you would get $500 from SSDI and $270 from SSI.

Also, SSDI claims are subject to a 5 month "waiting period" whereas SSI claims are not.  In some cases, you can get SSI for the 5 months, then SSDI thereafter.

Post from: Social Security Disability Blog

How Does the Judge Decide if You are Approved for SSI or SSDI

I see this a lot among self employed people, or salespeople who are paid in cash and do not have money withheld for Social Security taxes.   Here is an email I received from the wife of such a claimant:

I have worked and paid into social security since 1965.  My husband worked on and off for the past 30 years, but has not regularly paid in to social security.  Ten years ago he was diagnosed with MS and he has been unable to work at all.  I went to Social Security to ask if I could get disability payments for him and they told me that I earned too much money ($45,000 annually).  I am now about to retire at age 60 and would like to collect disability for him.  I've gone through web searches and there is such a mire of information – I don't know where to begin.  Can he collect against the money I've paid in?  He is completely dependent on me.

Jonathan's response: unfortunately I think that you are out of luck. If your husband did not earn enough quarter hours of credit, he is not "insured" for Title II disability.  He cannot claim disability based on your earnings record and your earnings will effectively offset any claim he might have for SSI.

You may want to request an earnings and benefit statement (form 7004) to determine if there was every a point where he was insured for Title II disability.  If he was insured at one point and you have medical support to argue that he was unable to work at that point in time, he could collect from SSDI.

Often, Social Security representatives will look to see if a potential claimant is currently insured.   However, this does not take into account that some people wait two, three, four or more years after "becoming disabled" before they apply.  If you know your "date last insured" for Title II and your "onset date" (the date you meet the definition of disability) is prior to your date last insured, you can still collect, even if you are not insured at the time you apply.

Post from: Social Security Disability Blog

Can Claimant With Sporadic Work History Collect on Working Spouse's Earnings Record?

You earn credits based on earnings during the approximately 10 year period prior to filing for disability.  If you wait too file or if you allege disability as of a date where your credits have run out, you cannot recover disability benefits (you could recover SSI, but SSI benefits are usually lower than SSDI and SSI will be offset by household income or assets).

When you file for benefits, Social Security calculates something called your "date last insured."  As long as the judge or adjudicator finds you disabled on or before your date last insured, you will receive disability benefits.  If you are found disabled after your date last insured, you will not qualify for SSDI benefits.

In my law practice, one of my first tasks with any new client is to determine that client's date last insured.  I have learned the hard way that if I am successful in proving disability, but the onset date used by the judge is after the date last insured, my client won't receive any benefits and I won't get paid for my efforts.

My colleague Social Security lawyer Tomasz Stasiuk in Colorado, recently posted a very well written explanation of the date last insured issue.  Take a minute and read Tomasz' post because it clearly discusses and explains the major issues related to your date last insured.

Post from: Social Security Disability Blog

What is my "Date Last Insured?"

I did pay into social security from 1982 to 1989 but from 1988 to 2005 was in the school system that did not pay in.  We did pay in to medicare, etc. however. 

Am I eligible for any benefits?
–Jeff

Jonathan Ginsberg responds:  Jeff, you will need to find out if you are eligible for Title II SSDI.   Eligibility is based on what you have paid into the system.  You will need to show sufficient earnings credits in 20 out of the 40 calendar quarters prior to your disability onset date.  I discuss the Social Security earnings credit requirements here.

You can also call Social Security at 800-772-1213 to ask about your date of eligibility for SSDI and your date last insured for SSDI.  Be aware – sometimes the information given by the SSA operators is not up to date.

You can also request your earnings statement by completing SSA form 7004, which you can download here.

If you have enough earnings, you will then need medical support from a treating doctor or mental health professional that your condition is severe enough to prevent you from performing any type of work.

If you do not have enough credit hours, you can still apply for SSI, but in an SSI case your monthly benefit is capped and your household income and assets may offset your monthly SSI benefit.

Technorati Tags: earnings requirement for SSDI, SSI vs. SSDI

Post from: Social Security Disability Blog

My Work History Has Not Been Consistent – Can I Still Claim SSDI Benefits?

Jonathan Ginsberg responds:  Deb, thanks for your question.  Your SSDI benefit amount is a calculation based on how much tax you paid into the Social Security system.  Your disability benefit is calculated based on something called your Primary Insurance Amount (PIA).  Your PIA calculation is an exercise in fuzzy math.   You can read more about the PIA calculations on the SSA.gov web site.

I wish I could refer you to a reliable resource that could double check SSA's PIA calculations but I know of no such resource.  If any of my readers does know of such a resource, please let me know.

What I would recommend is that you request a copy of your earnings and benefit statement.  This statement, which is available to you free of charge from Social Security will show your estimate benefit payment and it will also identify your earnings and contributions to Social Security during those earnings years.  If you see that SSA has failed to credit you for certain earnings or for Social Security tax contributions, you would have the basis to ask for a review of your account and a correction to your record.

Technorati Tags: SSDI payment, my earnings record, earnings & benefit statement, PIA calculation

Post from: Social Security Disability Blog

How Do I Know if my SSDI Monthly Benefit Payment Amount is Correct?

Jonathan Ginsberg responds:  Ms. B, if the denial was based on your household income, it would appear that your husband is not insured for Title II SSDI.  If you husband has an earnings record, then your income would not impact his right to collect benefits.  If he does not have enough earnings credits to qualify for SSDI, he would only be eligible for SSI.  SSI is a welfare program for indigent claimants who do not have enough credits to qualify for SSDI and an SSI claimant's benefits would be subject to offset based on household income.

I discussed the earnings credit issue on a special page of this blog.   There are also several posts on this blog that discuss SSI and the offset rules.  If you will go to the search box and type in "ssi offset" you will see several posts that discuss SSI.

Technorati Tags: SSI offset, SSDI earnings record, making too much money for SSI

Post from: Social Security Disability Blog

Wife's Income Offset's Husband's SSI Benefit Claim

Jonathan Ginsberg responds: Morris, good to hear from your again, and thanks for the question. Here are my thoughts:

1. if you are working again after being found disabled, you can collect your regular income for 9 months without affecting your disability pay. This is called the 9 month trial work period.

2. after the nine months, you go into an extended trial work period for 36 months. During any month during that 36 month period where your earnings drop below the substantial gainful activity limit, you will recieve a disability check for that month.

3. I believe that if you have added earnings to your record, the rolling period of eligibiltiy (date first insured and date last insured) will adjust as would your benefit amount. I am not aware of any provision in the law that prevents additional earnings from increasing your SSDI benefits, but I have not ever seen this question posed. If anyone reading this has a different opinion, or, Morris, if you discover the answer one way or the other, please let me know.

Technorati Tags: trial work period, earnings after disability award, extended trial work period, Social Security disability

Post from: Social Security Disability Blog

Trial Work Period Earnings After Benefits Awarded – Will Benefit Amount Increase?

Here is the link to a page that summarizes rules about Social Security earnings credits for veterans.  It appears to me that there is no single answer to this question – it appears that the years of service and the status of the serviceman or servicewoman determine how many credits are awarded.

Social Security has also published a booklet that summarizes the rules for calculating Social Security earnings credit for veterans of military service.  These rules include the following:

If you served in the military from 1940 through 1956, including attendance at a service academy, you did not pay Social Security taxes. However, SSA will credit you with $160 a month in earnings for military service from September 16, 1940, through December 31, 1956, if:

• You were honorably discharged after 90 or more days of service, or you were released because of a disability or injury received in the line of duty; or

• You are applying for survivors benefits based on a veteran’s work and the veteran died while on active duty.

You cannot receive these special credits if you are receiving a federal ­benefit based on the same years of service, unless you were on active duty after 1956. If you were on active duty after 1956, you can get the special credit for 1951 through 1956, even if you are receiving a military retirement based on service during that period.

If you served in the military from 1957 through 1977, you are credited with $300 in additional earnings for each calendar quarter in which you received active duty basic pay.

If you served in the military from 1978 through 2001, you are credited with an additional $100 in earnings, up to a maximum of $1,200 a year, for every $300 in active duty basic pay. After 2001, additional earnings are no longer credited.

If you began your service after September 7, 1980, and did not complete at least 24 months of active duty or your full tour, you may not be able to receive the additional earnings. Check with SSA for more information.

If you are dealing with this problem, do not hesitate to contact your Senator or U.S. Representative's office for help.

Social Security earnings credit for veterans

Post from: Social Security Disability Blog

Social Security Earnings Credits for Military Veterans

Technorati Tags: Social Security earnings credit for veterans