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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Disability Claims and Federal Court

Last time, we talked about what happens when you receive an unfavorable or partially favorable decision from an ALJ and the option to appeal to the Appeals Council. If, after a lengthy review, the AC still denies your claim, you have the option to appeal to Federal Court.

Like with any other disability or SSI appeal, you must file it within 60 days of the AC denial. This is accomplished by filing what is referred to as a complaint. This gives a brief summary of why you are appealing. It is then served to the government agency which you are suing, the Social Security Administration.

It is important to note that there is also a fee for filing a complaint with Federal Court. If you cannot afford the fee, you may request in writing to have it waived.

After your complaint is filed, an attorney who works for SSA will submit a response. This summarizes why SSA thinks your decision should be upheld. The Federal Court judge is then supplied with your complaint, SSA’s response, a transcript of your hearing and your exhibit file.

You will also be expected to submit a brief on your case, referred to as the Opening Brief. SSA will then file a Response Brief to argue against you. You may also file a Reply Brief to address issues brought up in SSA’s Response Brief.

If necessary, the Federal Court judge will request an Oral Argument. Here, no additional evidence is submitted and no testimony is given by the claimant. Instead, the claimant or his representative (if he has one) will argue the case in front of the judge.

Once all of the pertinent information is received and the oral argument is over, a Federal Court judge will then take approximately a year (sometimes longer) to decide your case. The reason why the wait is so lengthy is because not only do Federal Court judges look at disability complaints, but other types of cases as well.

The judge will decide the case one of three ways. Either he will remand the case back to SSA for further development and possibly another hearing, agree with SSA and deny your case, or agree with you and award your case.

Appealing to Federal Court is a complicated and lengthy process. It is yet another reason why having legal representation is a good idea. Disability attorneys who deal with Federal Court are well-versed in filing complaints and writing briefs. Your attorney will also make sure an important deadline is not missed.

However, not every disability attorney deals with Federal Court. This is another reason why Paulette F. Balin and Associates is a leader in winning disability claims. We are one of the very few disability firms in northeast Ohio who will take your claim all the way to Federal Court if need be.

Written by Anna Westfall and edited by Paulette F. Balin

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