diabetes Ssdi Onset Date Has Me Confused.

[kluender]

Yesterday, I received a letter from Social Security. Topic: Supplemental Security Income Notice. It states, "We have found that you meet the medical requirements for disability benefits. An explanation of our finding is attached.....We have not yet mad a decision about whether you meet the non-medical requirements...."

While overjoyed that my case has come this far and so fast, the part that I'm concerned about is the onset date. My application states that I stopped working March 3rd, 2010, which would be my alleged onset date. I received 100% total and permanent disability from VA in October, 2010.

Conditions listed on the Social Security Administration Explanation of Determination are:

Anxiety

Depression

Memory loss

Ankles problems

Diabetes

Intervertebral disc syndrome

Paralysis of the sciatic nerve

Pes planus

Plantar fasciitis

Urinary incontinence

It then reads, "While you may have experienced symptoms related to these as early as 03/04/10, you did not meet the SSA disability requirements at that time. Based on the evidence in your file, the earliest date that you met the requirements for disability was 04/04/14. Prior to that time, the limitation by condition would not have prevented you from returning to doing all types of work. Therefore we have established an onset date for your disability as of 04/04/14."

From 03/03/10 until present, my condition hasn't changed except for being down graded from 50% to 30% for depression in 2010, prior to receiving 100% from VA in Oct, 2010. I know that if I appeal, my case can be reviewed and I could be denied SSDI. Does anyone have any idea why my onset date would be 04/04/2014? The only thing significant about that date for me is that it's birthday. So far, I haven't used a lawyer.

Should I be concerned that the subject of the notice reads, "Supplemental Security Income", instead of, "Supplemental Security Disability Income"?

Thanks for your help.

[jbasser]

Barbamatt, are you saying that the onset date is sometimes just an arbitrary date that they select? I haven't worked in over 4 years with hardly any changes to my health.

Jbasser, I received 100% VA disability effective October, 2010. How would it help to get an earlier date?

Thanks to both of you for responding.

The Date you stopped working could be your effective date. sounds like 6 months or retro to me.

[Barbamatt]

In my case they gave me an onset date two months after I stopped working. The judge thought that I earned too much money during the period of time I claimed to have worked in 2012...I agreed to the date he recommended in order to receive my fully favorable decision. I risked him granting me a partially favorable decision with the date changed anyway or a denial.

Sometimes the judge thinks that you may have been able to work past the last day you worked or they just don't agree with the date. For whatever reason they will set a new date that is later than the date that you stopped working. It may seem arbitrary...I can not say if that is the case...but it seems like it sometimes.

For me I accepted the later date, for two reasons. One he ruled in my decision on the spot if I agreed to amend it there...and two it was only 2 months...I felt that I had more to lose to fight it than to accept it...I can't tell you what to do.

If you accept the later date you give up some money, but if it means that you win your case, you might be better off....but if it is going to put a financial hardship on you it might be worth appealing.

[broncovet]

Barbamatt and Berta have given you good advice. Each Veteran, and each SSDI will choose whether to accept the onset date (effective date) or appeal it. Our government loves to take a long time with the process and then boink us on the dates when/if they finally do an award. You, too, will need to chose whether or not to appeal your onset date.

It sounds like the dispute involves 4 years or so of retro, so its likely worth your time to take it to an attorney and see about appealing the onset date.

Remember, tho, as Berta correctly pointed out, attorneys often find a "market niche" and they may or may not include "appealing effective dates" in their area of expertise, so you may need to find an attorney who specializes in or at least has knowledge of appealing onset dates.

The other attorney's may just tell you to forget it. Remember, attorney's love to "skim the cream" and look for cases where they make millions and poo poo cases where the potential is only 40 grand or so. You may just need to find a hungrier attorney, but you wont find him if you dont bother to look.

[kluender]

Thanks to everyone who responded. I chose to appeal the onset date and am now waiting for an answer. While researching my case, I just happened to look at my Social Security account online and found that my SSDI was approved. I will receive my first check November 12th, 2014, which will come in handy to help my disabled sister until she receives hers. I'm keeping my fingers crossed for the retro though. Thanks again!

[Snake Eyes]

The intake person at Social Security worked with me to determine that I had worked more than 13 hours a month during my "under employment years" and thus did not qualify for SSDI during that time. As a result, the onset date was set to 6/30/2014. If the case goes in my favor, would I be paid beginning January, 2015 or would there be retro pay back to the onset date?

[Buck52]

I Understand the on set date can be when you first became disable but continue to work under certain conditions until you just could not stand or walk (certain previsions apply)

example say your Dr render you disable in 2012 but you continue to work until 2014 under certain conditions and had to stop working completely because your disability under certain conditions or not... the onset date can be the 2012 date.

but you have to have medical rational to back it up....or medical evidence that meet SSA rules.

source :SSA RULES ABOUT ON SET DATES!

...................Buck