Aledged Onset Date ?

[triman8654]

Started my SSDI application online 10 July 2015. I used an AOD of 16 June 2015 same day I had an appt at VA Dr. And came home and filed another claim w VA..

In my SSD ap I used the date 16 June 2015 as the alleged onset date.. Will this date hurt my claim w SSD in regards to the 12 month rule, disability has to last 12 months

My med issues have been well documented for over 4 years

I have not hit the submit button on SSD online ap yet.

Any advice welcome

[Guest]

When was the last day you worked?

[TexasMarine]

from: https://www.socialsecurity.gov/OP_Home/rulings/di/01/SSR82-52-di-01.html

...

To be found disabled, an individual must be unable to engage in any substantial gainful activity (SGA) by reason of a medically determinable physical or mental impairment(s) which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of at least 12 months.

...

I don't think the "12-month" rule applies as you've stated it.

There is a 6-month waiting period from the AOD that must expire before you are eligible to receive payments from SSDI. Therefore, under that rule, Dec 16, 2015 will be date of eligibility regardless of when SocSecDept approves your case.

If SSA approves your disability on September 1, you would not receive payment until Jan 1, 2016. If approved after Dec 16, 2015, you would be backdated to that date, and paid retroactively to Dec 16, 2015.

Pete992 has a very good point. If you can prove that you didn't work earlier, that date may become your AOD.

Edited July 17, 2015 by TexasMarine

[Buck52]

This is unofficial but I read some where can't remember the regulation title so this is just my lay opinion and its unofficial

I read some where in the SSA regulations that if a person continue to work after the OSD onset date was established by the claimant before he had to stop working or before the date of SSD Application

if the employer made accommodations with the employee to help them do there job the the claimant set his on set date with medical documentations(Dr's Reports hospital stays lab work ect,,ect,, going back to these claimants on set date. if these medical reasons are in conjunction with the claimants OSD.

the only thing is the OSD can't be more than a year 12 months before the date of application.

I been trying to find this regulation about employers Accommodating the employee because of there disability.

[triman8654]

May 21 2015 was the actual day I stopped. I used June 16 as the date because I had a Dr. Appt and, filed another claim w VA.. I was just trying to keep it simple as far as dates ... June 16 2015... VA, SSD claims.. I am not as concerned about back pay..

[TexasMarine]

I totally understand about trying to keep the dates simple.

However, SSA will contact your last employer to obtain the "actual" last day of work. Why confuse them with June 16th and have to explain that away at a later date?

jmho

[Guest]

May 21 2015 was the actual day I stopped. I used June 16 as the date because I had a Dr. Appt and, filed another claim w VA.. I was just trying to keep it simple as far as dates ... June 16 2015... VA, SSD claims.. I am not as concerned about back pay..

Use your last day at work. Keep in mind that SSA will ask your doctor for his medical opinion of when you became disabled. Better yet, you should ask your treating doctor for his medical opinion of when you became disabled. A letter describing your treatment and your prognosis will greatly help your claim and chances of winning your benefits sooner than later.

Edited July 17, 2015 by pete992