When an SSD decision is made, the Social Security Administration will use the “alleged onset date” as a factor weighing heavily in deciding retroactive payments. Also called the “disability onset date,” the alleged onset date describes the date that applicants claim their disability began interfering with their ability to work and earn a living. To receive one year of retroactive (back) pay, applicants must show they were disabled 17 months prior to applying for disability. Applicants should also be aware of a five-month waiting period in place after they become disabled. During this time, benefits will not be paid nor are they owed to applicants as part of a retroactive payment package.
Can Alleged Onset Date be changed by the Social Security Administration?
In many cases, the SSA will disagree with the disability onset date an applicant provides. They may establish an alleged onset date that is later than what an applicant considers the true onset date. If this happens, the SSA refers this date to an “established onset date.” In addition, the SSA must have medical evidence refuting the applicant’s statement regarding their disability onset date.
What Happens When the SSA Changes the Onset Date?
If an applicant’s alleged onset date is changed to an established onset date, the applicant could lose a significant amount of retroactive pay. Applicants can appeal SSD decisions or, if the application has reached a hearing stage, applicants could request a review by the Appeals Council or an administrative judge. However, these appeals are often lengthy and are likely to result in an unfavorable decision for the applicant.
To dramatically improve the chance of a disability application passing SSA requirements, hire an experienced disability lawyer to manage your claim from start to finish. Contact London Eligibility today to schedule an appointment.