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When you first make your application for disability, you are asked the date you became disabled or unable to work full-time. This date is referred to as your onset date of the disability.
In the course of your disability claim, many things can happen that may require you to change or amend your onset date to a different date other than the one you initially gave. Sometimes, claimants will return to work and earn too much money to still qualify for disability insurance benefits. They may work for a few months and then, due to their condition, not be able to continue. If this happens, then sometimes the onset date of their disability must be amended to the date they last worked.
Another reason for amending an onset date is if there has been a prior unfavorable ALJ decision in your past. If you have been denied previously by an ALJ, then typically you cannot reapply and allege an onset date within the same period that the ALJ reviewed and based his decision on. The general rule of thumb in these cases is to amend your onset date to the day after the ALJ’s denial.
Again, another reason for amending an onset date can be based upon the medical evidence in your file. Remember the ALJ must make a decision based on the medical evidence of record. In some cases, the medical records will support a finding of disability at a later date, perhaps when you have been able to seek appropriate testing or documentation of your condition and how it affects your capabilities.
When you are amending your onset date, always be sure you understand how the change will affect your rights regarding back pay, appealing and any future applications.
If you are interested in becoming a client, give us a call: 1-877-526-3457, or tell us about your claim now.
Jan Dils, Attorneys at Law