A critical question you must answer when applying for Social Security Disability Insurance (SSDI) benefits is, “What is the date you became disabled?” In legal terms, this is known as your onset date. In many cases, it is practically impossible to pinpoint the exact day you became unable to work. But you still must provide an onset date that is backed by the medical evidence in your case.
In general, you should select an onset date of no more than 17 months prior to applying for SSDI benefits. This is because SSDI benefits can be paid for a period of up to 12 months before the date of your application, but there is also a waiting period of 5 months following your onset date before you can actually start to receive disability payments.
Arkansas Woman Gets Third Hearing Due to SSA Error
It is possible to amend your alleged onset date if that is what the medical evidence supports. Social Security officials must take the amended onset date into account when deciding your application for disability benefits. Using the previously stated onset date may be grounds for reversal of a decision to deny benefits.
Indeed, this recently happened in a disability case here in Arkansas. In Sandefur v. Commissioner, an applicant filed for SSDI benefits in August 2015. Her application alleged an onset date of March 13, 2014. Initially, the application was denied at multiple stages of the SSDI review process. In 2023, however, a federal court remanded the case back to Social Security at its request in order to conduct a new hearing.
Prior to this new hearing, the applicant amended her alleged onset date from March 13, 2014 to February 1, 2014. Social Security again denied her application. But critically, the administrative law judge’s (ALJ) opinion explaining the denial kept referring to the original alleged onset date of March 13, 2014.
After Social Security’s own Appeals Council declined to review the ALJ’s decision, the applicant again sought judicial review in federal court. Once again, the court remanded the case to Social Security for a third hearing. The judge agreed with the applicant that the ALJ committed legal error in referring to the original alleged onset date and not the amended onset date.
The judge rejected Social Security’s argument that it was simply a meaningless clerical error. To the contrary, the ALJ’s error suggested they did not consider “all the relevant evidence” in deciding the applicant’s case, specifically any evidence of disability between the original and amended onset dates. As such, the applicant was entitled to a new hearing.
Contact a Rogers, AR Social Security Disability Lawyer Today
Cases like the one above demonstrate the value of working with an experienced SSDI attorney in Arkansas who can hold the SSA accountable for following its own rules and making sure your application receives a full and fair hearing. If you live in Northwest Arkansas, Eastern Oklahoma, or Southwest Missouri and are searching for a Social Security disability lawyer near me,contact GCC today to schedule a free confidential consultation.