An incorrect onset date can
result in a loss of Social Security Disability (“SSD”) benefits. A 47 year old former correction officer
retained me after her application for SSD benefits was denied. Her
application said that she became disabled on May 29, 2010 (the “AOD”), and she
told me that she was advised to pick that date based on a conversation with a
Social Security representative.
After
interviewing the claimant, I learned that her work attempts had ended well
before May 29, 2010. I filed an
on-the-record (“OTR”) request for a favorable decision that contended the
claimant’s back, knee, arthritis, and
hip problems prevented her being able to work. I obtained reports from the claimant’s orthopedist and
rheumatologist explaining why the claimant’s medical conditions prevented her
from being able to engage in full time work on a sustained basis. Additionally, I asked that the claimant’s
AOD be amended to reflect a September 2009 onset date.
The
OTR was approved today as of the amended September 2009 AOD. The effect of the amendment is that the
claimant will be entitled to receive eight additional months of SSD benefits. The reason the Social
Security representative selected May 29, 2010 as the AOD remains unclear. This illustrates one of the many
reasons why it frequently makes sense to have an attorney handle an SSD
application.
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