Saturday, March 21, 2015

CHOOSING YOUR ALLEGED ONSET DATE

The allged onset date (AOD) could be defined several ways, including:
  1. the date you claim you first became unable to work, or
  2. the date you believe you first became eligible for Social Security benefits.
The term alleged onset date never occurs in the Social Security disability application.  The application simply asks, "On what date did you become unable to work?"

Many people choose the day following their last day of work to be their AOD--but this is not necessarily the case.  The AOD may be before or after the last day of work.  At a hearing, the administrative law judge will carefully examine the alleged onset date to see if it can be supported by medical evidence.

The judge may want to move your alleged onset date forward to a more recent date.  This would often reduce the amount of back pay you would be entitled to receive.  The date that the judge determines to be the date you first became unable to work becomes your established onset date

Congress has mandated a five-month waiting period.  Social Security must deduct five full months of benefits from the established onset date.  For example, if your established onset date is March 15, you will become eligible to be paid for the month of September (April - August would serve to fulfill the five-month waiting period).

The waiting period prevents payment to persons with very short term disabilities and it also saves the government money on long term claims by deducting the first five months of payments.

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