Tuesday, April 23, 2013

The Importance of Your Alleged Onset Date (AOD)

The date that you became unable to work is one of the most important pieces of information you tell  SSA when you file a claim for disability. The date is of utmost importance, as Social Security will be looking at that date very carefully to determine why you chose it.
How Do You Choose an Onset Date?
You may use the last day you worked, or the day after, as the date you became too disabled to work, if you stopped working that job because of your disability. If you had an extreme medical emergency that kept you from returning to work, such as a heart attack or stroke, it would make sense to use the date the emergency medical event occurred.
Why Did You Choose That Date?
Be prepared to explain to SSA why you chose the date that you did. You may have to explain your rationale to different SSA staff, so keep in mind that each time you speak with someone it is notated in your file. If you tell Mr. Smith it was the last day you had a grand mal seizure, but then later tell Ms. Jones that you were laid off from your job that day, SSA will detect the inconsistency and that could damage your credibility.
What Happens If SSA Does Not Agree With That Date?
Sometimes SSA will make the determination that a person is, indeed, disabled, but on a different date than the AOD. For example, Mary claimed she became disabled on 1/10/12, the day she resigned from her job because she could no longer perform the work due to degenerative disc disease. However, upon review of Mary’s medical records, SSA sees a MRI of Mary’s back done on 11/1/12 that shows dramatic worsening of her condition, fitting SSA’s criteria of disability.
Therefore, SSA mails a decision to Mary informing her that she has been found disabled as of 11/1/12. Mary can either accept this decision, or appeal it in order to convince SSA that the date she became disabled was actually 1/10/12.
What If I Am Still Unsure of What Date to Chose?
If you are still hesitant in regards to what the best date is for you to chose, it helps to consult an experienced disability attorney who can help you pinpoint that time in your life that you became too disabled to work. Be sure to share your entire health and work history with this professional in order to get an accurate assessment. This way you can assure that SSA will be looking at the correct time frame and information connected with your claim for the best possible outcome.

Written by Anna Westfall and edited by Attorneys Andrew November & Paulette F. Balin

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