First, let's define two terms that will be used in this post.
Alleged Onset Date (AOD) is the date on which the applicant claims to have first become disabled.
Established Onset Date (EOD) is the date that Social Security sets as the first date on which the claimant became disabled. (A disability examiner or administrative law judge may change the alleged onset date to a later date, which becomes the EOD).
On an approved claim, back benefits are paid from the Established Onset Date. Of course, the goal is make the AOD and the EOD the same - whereby the claimant receives maximum benefits.
For instance, if a claimant alleges that he became disabled on February 1 and Social Security accepts that date, back pay will be eligible back to February 1. (However, there is a 5-month waiting period for Title 2 disability claims, so actual payment will not be made until August).
There are no waiting periods pr retrpactove nemefots for SSI claims, so payments can begin the month following the application. Back pay can still occur in an SSI claim because it often takes months to get a claim approved, especially when an appeal becomes necessary.
It is vital to present medical and vocational evidence going back to the alleged onset date (AOD). The claimant wants to prove that he/she was disabled as of the AOD and that he/she has not engaged in substantial gainful activity since the AOD.
An experienced Social Security disability advocate is your best bet in protecting your AOD and the back pay that comes with it. Remember that Social Security is under tremendous pressure to challenge alleged onset dates and move the date forward, when possible, to reduce or eliminate back pay. Representation fights to get you the entire "value" of your claim, including back pay. In fact, the representative cannot be paid a fee unless back pay is collected.
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The Forsythe Firm, 7027 Old Madison Pike (Research Park) Huntsville, AL fights for our claimants' rights in Social Security disability and SSI claims. Never a fee until we collect your benefits, including back pay. (256) 799-0297
Established in 1979, the National Organization of Social Security
Claimants' Representatives is an association of over 4,000 attorneys and
other advocates who represent Social Security and Supplemental Security
Income claimants. Our members are committed to providing high quality
representation for claimants, to maintaining a system of full and fair
adjudication for every claimant, and to advocating for beneficial change
in the disability determination and adjudication process.
Through its "Ticket to Work"
program, Social Security tries to encourage people on disability or SSI
benefits to return to work. You can try to work without immediately
giving up your disability or SSI benefits - and without losing your
Medicare coverage (if you are covered by Medicare).
You
are allowed 9 "trial work months" within a five-year period. The
months do not have to be consecutive. You will continue to get full
disability or SSI benefits during the trial work periods until you
accumulate 9 months of successful work. Any month in which you earn at
least $720 will be considered 1 month of successful work.
Once
you have accumulated 9 months of successful work, your disability or
SSI benefits will be stopped for as long as you continue to work.
However, if you again become unable to work within a 5 year period, you
can request expedited reinstatement of benefits without filing a new
application. While Social Security makes a decision on whether you have
become unable to work, you qualify for provisional (temporary) benefits
for up to 6 months.
Also,
if you are receiving health care access through Medicare insurance
coverage, you may keep your insurance coverage for at least 93 months
after your last disability or SSI benefit check--even while you are
working.
Ticket
to Work is a volunteer program that gives Social Security disability or
SSI beneficiaries incentives to go back to work. For more information
contact your local Social Security office or call 1-800-772-1213.
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The Forsythe Firm (256) 799-0297 is a local member of
Established in 1979, the National Organization of Social Security
Claimant's Representatives (NOSSCR) is a professional association of
over 4,000 attorneys and other advocates who help individuals with
disabilities obtain Social Security and Supplemental Security Income
benefits.
Earlier this year, Social Security advised its administrative law judges that they cannot use the internet to investigate disability claimants. Sen. Tom Coburn (R-Oka) disagreed, stating that it deprives judges of a valuable tool for determining Social Security fraud.
Senator Coburn used this illustration, which I have paraphrased. Suppose a person has applied for disability benefits. A judge looks this person up on Face Book and finds there photos or a discussion of that person playing football or participating in his bowling tournament. If the claimant had alleged severe back problems on his disability application, his credibility is called into question.
I have long advised my clients to avoid the social media. I believe that to be good advice. The internet remains the first place that investigators will look when checking up on your personal affairs. This includes private insurance companies who may be paying out on a disability claim. Though you are not involved in fraud, why give the insurance company ammunition to shoot at you with - or to make allegations that you have to refute?
Use common sense but don't become paranoid. It isn't necessary to avoid normal activities like vacations or going out to eat. There's no need to stop going to church or to the grocery store. As a rule, nobody from Social Security is going to follow you around to see what you're doing.
Naturally, disability claims should be based on honesty. If you don't have medical evidence to support your claim, you should not make false or misleading statements to make your case stronger. Besides, that rarely works, anyway. But it can cause you a lot of problems.
