ONSET DATE WILL DETERMINE HOW MUCH BACK PAY YOU GET

When your disability claim is approved, Social Security will pay you back to the date of onset.  That is, they back to the first day you became disabled (minus a 5-month waiting period for SSDI claims).

So, the earlier your onset date, the more back pay you will receive.  You get to claim the onset date of your choice (called the "alleged onset date") but it is subject to verification by Social Security and proof that disability began on that date.  Here are some considerations for choosing the correct onset date:

1) Were you disabled to work on the alleged onset date?  If not, this date will not hold up.

2)  Were you doing any substantial work or earning any substantial wages on the alleged onset date?  If so, this date will not hold up.

3)  Is there medical evidence to show severe symptoms that would prevent you from working on the alleged onset date?  If not, this date will not hold up.

4)  Finally, have you been continually unable to work since the alleged onset date?  If you tried to go back to work after your alleged onset date but were able to work only for a very short period of time, that short-term work may not interfere with your onset date. You may be able to justify the attempt to work as a failed work attempt.  It really depends on how long you worked after the alleged onset date. 

It's important to keep in mind that onset dates must refer to a medical reason why you had to stop working at that time.  The Social Security disability program will not consider paying a benefit because you stopped working for any reason other than a physical and/or mental impairment.

One of the first questions a judge will ask at your hearing will be, "Tell me why it became necessary for you to stop working on (your alleged onset date)."  His next question will be, "Where is there medical evidence to support that?"

You must be able to explain why it is medically necessary for you to stop working (not using medical terms, but using common language that describes your medical symptoms:  back pain, leg pain, migraines, depression, panic attacks, fatigue, etc.).  And the judge must find supporting medical evidence that shows a cause for the symptoms you describe.

Remember, too, that all SSDI claims come with a five-month waiting period, meaning that Social Security does not pay the first five months of a disability.  For example, if your established onset date was April 3, your first benefit will be payable 5 full months later--in October.  
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THE FORSYTHE FIRM
Ph. (256) 799-0297