When you are applying for SSDI benefits, the alleged onset date, or AOD is the date that you claim that your disability began. Depending on this date, you may be eligible for retroactive backpay. This is payments that can reach as far back as 12 months from the date that you applied for benefits depending on how long you have been disabled.
You can receive 12 months of backpay if you can prove that you have been disabled for at least 17 months before the date that you applied for disability. This is because there is a five-month mandatory waiting period after becoming disabled during which the SSA will not five payments or owe payments. Retroactive backpay only applies to SSDI cases, and not to SSI cases. .
The disability onset date is the key in determining how much backpay you are eligible to receive. Oftentimes you will have to prove that a particular day was the onset of the disability. Sometimes, the SSA will disagree with an onset date on an application. This could mean the difference of several thousand dollars in backpay. We highly suggest that you challenge an incorrect dispute regarding your onset date.
For example, if you slipped and fell several years ago and suffered a disabling spinal condition, and you are now awaiting benefits, you should be able to prove that your onset date was when you slopped and fell. The SSA has permission to change your onset date if they disagree with the date that you claim you became disabled.
Their new date is called the established onset date. The SSA has to have contrary medical evidence to prove that your alleged onset date is incorrect. If the SSA changes your onset date, changes are that it will cost you in backpay.
You can appeal the established onset date and ask the Disability Determination Services to do a reconsideration of the established onset date. We can also help you to determine a correct onset date and fight for the backpay you deserve. Call our SSDI team at the Zendeh Del Law Firm, PLLC to learn more!