Sunday, December 15, 2013

TIP: PROVE WHEN YOU BECAME DISABLED

We can spend so much time proving that an individual is disabled that we neglect to prove the date on which he/she became disabled.  That date is called the "alleged onset date."  Once it is approved by Social Security, it is called the "established onset date."  Payments can often be made back to this date, so it is important.

The claimant should determine exactly when he/she first became unable to work.  SSA will require a month/day/year for the start of disability.  If the disability is the result of an accident, such as an on-the-job injury or car wreck, the date may be very easily determined.  However, if the impairment is natural and came on gradually, the date of disability may be more subjective.

The date you stopped working may be a good starting point for deciding the alleged onset date.  However, some people struggle to keep working after they have actually become disabled.  If you had to cut back your hours to part-time, consider the date you became a part-time worker as a possible date of disability.  Earnings need to be considered here, as well.  In 2013, earnings of at least $1,040 per month equate to "substantial gainful activity" (SGA) and usually make you ineligible for disability payments for the months in which you earned that amount.

When submitting medical evidence, such as doctor's records, be sure they support your alleged onset date.  If you began having medical problems in January but did not see a doctor until March, you may have difficulty proving an onset date in January.  Therefore, a vital question is:  When did you first see a doctor for this condition?  Was the condition severe enough to prevent you from working or to substantially affect your ability to work on that date?

The date your disability began is an important point to prove in a Social Security disability case.  It can mean thousands of dollars in benefits to you.

No comments:

Post a Comment