Avoid Losing Thousands: Social Security Disability Onset-Date Changes!

Рет қаралды 2,836

4 ай бұрын

Sometimes during your hearing, the judge will ask you and your attorney if you would consider changing the onset date of your disability claim. How do you prepare for this possibility and should you say “yes”?
The onset date in your disability case is the date when you say that you became disabled, or not able to reliably perform a simple, entry level job.
The judge might offer to issue a fully favorable decision in exchange for your agreement to change the onset date in a variety of circumstances.
The judge might believe that you are currently disabled but the evidence does not show a disabling level of impairment until some date after your claimed onset date.
More frequently the judge will propose to change the onset to your 50th or 55th birthday - this is done so that one of the grid rules (see gridrules.net) applies.
Less often the judge might propose a changed onset date to make the hearing decision easier to write or to reduce the lump sum payment that SSA would have to send to you. The judge also might be testing you and your attorney to see if you will back down.
As discussed in this video you do not have to agree to change the onset date. The judge has the option of issuing a “partially favorable” decision, or perhaps the judge will back down and issue a fully favorable decision. The judge also has the option of denying your claim entirely.
Having tried hundreds and hundreds of cases, I can usually predict which claims might prompt the judge to ask for an onset date change. It is much better to discuss this option with your lawyer during your pre-hearing call.
You can ask for a few minutes “off the record” to confer with your attorney during your hearing but most judges run very tight calendars so you won’t have a lot of time to think about what to do.
If you are not represented and you wish to discuss what to do if the judge should ask you to change your onset date, please feel free to contact me. Case evaluations are 100% no-risk and no cost. Just click the link below right now!
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Пікірлер: 22

@fairyhousefilms4554 4 ай бұрын

Hi Jonathan. Thanks for the video because this happened to me. My attorney and I have appealed the partially favorable decision. The judge decided I became disabled a year after I ended employment.

@ssdattorney 3 ай бұрын

_Nice work. Would you recommend others have a lawyer to go through this process?_

@luisareyes340 4 ай бұрын

Because of your great videos, after 2 years I got a fully favorable decision. Thank you so much.

@ssdattorney 3 ай бұрын

_Glad I could help!_

@thebootielover 2 ай бұрын

@@ssdattorney I'm 66 and just got my back pay. My journey started on 03/08/2020. ALJ approved me fully favorably on 03/26/24 with an AOD on 05/01/20. Will I be subject to a CDR when my FRA is 04/14/25? The Letter I received didn't even say Notice of Award. It just looked like the standard letter SSA sends out. Also can I start the ticket to work program?

@Thatsthewayoftheworld 2 ай бұрын

Thank you. Did just as you instructed: summarize your worst day ever and outline it as such. It was very helpful and gave me focus. Your advice is gold and it for sure helped me, guided me, on what on earth they want to know and this was it. Worst day ever. It was a doozie! You are a gem! Thank you, thank you, thank you!

@derykmacleod4979 4 ай бұрын

and regardless of the decided upon onset date of your disability, they don't pay you for the first 6 months of being disabled. After 5 years (and one denial) my disability got approved and March 1st I received my first disability check....didn't get my back pay yet because when I got hurt in 2017 i was on the job so I collected workmans comp till october of 2018 when I tried to return to work...they let me go in january of 2019 saying I could no longer adequately do my job. 6 months later I applied for disability. I sent them a letter that I received from my workmans comp lawyer that I didn't qualify for state disability because I was 2 years shy of the 10 years needed for a state pension, and that my workmans comp ended when I made that attempt to return to work in october of 2018. The grid rules is what helped me (I turned 55 in 2022) I also spoke up and made sure the judge was aware how much I have to "dope" myself up to do anything, and no employer is going to be ok with me running out every half an hour to 45 minutes to take a few tokes to dope myself up for the pain to stop enough for me to "try" to remember what I was doing.

@user-kh5ig4tr9y 3 ай бұрын

Thank you for your information !

@mickeyrob7532 2 ай бұрын

They wouldn't go back to the date of my Dx, but decided to approve from the day before my 55th birthday. You know what, it's okay. I got it on my first try, in less than 4 months, while doing it on my own.

@annabelaviles1353 3 ай бұрын

Thank you so much for this. You are Awesome 👍

@ssdattorney 3 ай бұрын

_Happy to help!_

@ElleBrOw 4 ай бұрын

Good morn 🙋🏽‍♀️ Thank you for all you do

@ssdattorney 3 ай бұрын

🖐

@Andy311Sutton 3 ай бұрын

Why do they want to have a phone interview with my mother?

@everett8610 3 ай бұрын

This guy is good. I'm in reconsideration going on for a year now. I just had a DVT and PE and on blood thinners and thats a new developmet that happened. Origionally my disability has been palpitations of various sorts and afib and a couple of anxiety disorders and I'm on zanax and prozac and now blood thinners. I got my fingers crossed. But I'm 591/2 so if I'm denied I will be about 62 before I see a judge the way things have been going. So I don't expect reconsideration will be approved but I'm hoping but I figure turning 62 will be when I start getting money. Anyone have any informed opinions or experience?

@lisaregister8351 4 ай бұрын

❤

@codiduckworth7629 2 ай бұрын

Can i receive SSI if I have severe anxiety that limits my ability to be around large groups of people or limits my communication with others but I don't have medical records?

@AmericanNomad82 4 ай бұрын

I had a hearing last week and the opposite of this happened for me. My attorney asked the judge if we could move the onset date further back, to where i would actually get more back pay and the judge agreed to this as long as my lawyer provides anything to show that i was disabled before my onset date. My lawyer was shocked of how accepting the judge was to do this. Do you believe that this is a sign i will be approved? If the judge planned to deny me anyways wouldn't he just refuse the request for a change?

@harrisonmoored2358 3 ай бұрын

Hello Sir I received my benefit verification letter today and it said i was approved for $2330 monthly pay starting in 3 months and they found me disabled over 2yrs ago on may 23rd 2022. The question and problem is they said i wouldn't get paid until july 2024 and with no back pay, but the letter says " We found you became disabled under our rules on May 23, 2022 " Can you help me to understand this matter or what should i do. Thank you.

@benitouchiha 4 ай бұрын

Can you get social security for schizoaffective disorder and intermittent explosive disorder? Been waiting a year and one money and still social security has not finished my application. Been on 90 percent for 3 months now

@Dirtebker 3 ай бұрын

Mr. Ginsberg, I was self employed and working until injuring both shoulders hanging a drywall ceiling. Up until then I was able to work with DDD and 5 herniated disks. Shoulders didn’t heal for a year and back pain continued to get worse. Dr., of course refuses to increase pain meds (to previous amount (before CDC recommendations) that he had me on that actually let me work. Any advice or idea of chances here? Thanks for everything you do to help us!

@everett8610 3 ай бұрын