|Natalia Jofre:||Hi. Welcome to Hill & Ponton’s Social Security Disability website. I’m Natalia Jofre, the Director for our Social Security section.|
|Shelly Mark:||And I am Shelly Mark. I’m the Senior Social Security Attorney here.|
|Natalia Jofre:||The last blog we were talking about disability insurance benefits, and what some of the basic technical requirements are for that benefit.|
|One of the biggest factors, when you’re applying for any disability benefit, is what’s called your onset date. Shelly’s going to explain a little bit, what your onset date is.|
|Shelly Mark:||You’re going to hear your ‘alleged onset date’ the whole time after you’ve filed your claim with social security, and a lot of different definitions to what an onset date really is.|
|Your onset date is the day that you became disabled and unable to work due to your medical conditions. That’s really when your onset date is. It’s not when you got laid off from your job. It’s not when you got fired. It is when your medical conditions prevented you from working on a substantial basis any longer.|
|We see a lot of errors made when people are asked what their onset date is. I think a lot of that is because, usually when people file their initial claims they do it unrepresented. So they’re just talking to social security on the phone, and social security usually asks them, “When is the last time that you worked?” And ‘when’s the last time that you worked’ becomes their onset date, when, in fact, it may have absolutely nothing to do with their disability or why they stopped working at all.|
|What happens is, if you allege the wrong onset date, and there’s no evidence to support that onset date, you’ve pretty much just sealed the deal that you’re going to be over 24 months wait, because you’re going to have to go to a hearing.|
|You’re going to have to wait. You’re going to have to go before a judge, and you’re going to have to clarify this onset date at a hearing. When we’re involved, we amend onset dates all the time with our claims.|
|The onset date has to meet the evidence. You can be disabled for a very long time, but if you don’t have the medical evidence in the file to support that onset date, then it’s not an accurate onset date.|
|Natalia Jofre:||And social security, or the hearing office, will sometimes do that. They’ll have a claimant, and they’ll say, “Well, we don’t believe,” and that’s why they’re always saying ‘alleged’ onset date. Because until you’re actually approved, it’s not set in stone that this is really the date you became disabled. This is the date that you’re claiming, that you’re alleging you became disabled.|
|We’ve had clients where they’ll get to the hearing office, and they’ll say, either the judge or the attorney advisor … whoever is reviewing the case will say, “I don’t believe that this is really the correct onset date.” Then they can call us and negotiate that.|
|Natalia Jofre:||And say, “Well, this is why I don’t like it’s right. This is what I do feel is right, and this is why.” Shelly many times can have this banter with them, and basically present evidence, but this is all a phone conference. They can many times make a decision based on that.|
|They told us at our last conference. They were like, “If the person isn’t represented” … they’re not going to call you and have the conversation with you.|
|Shelly Mark:||That’s true.|
|Natalia Jofre:||You basically then have to wait until you go to a hearing, present your case before the judge. If you haven’t changed that date, and you’re sticking to that date, and the judge just doesn’t find that you meet their requirements based on that date, they’re going to deny you.|
|Shelly Mark:||That’s correct. I feel like I could go on and on about the onset date, because it is truly one of the most important things to your disability claims as far as the judges being able to grant the claim.|
|I don’t know. Maybe we should do another video, and go a little more in-depth about it.|
|Natalia Jofre:||Yeah. It’s a pretty long topic, so we’ll go ahead and do another video on that. In the mean time, if you have any questions, or just want some additional general information, feel free to visit our website, or call our office.|
|Shelly Mark:||Thank you.|
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