Amending Your Onset Date of Disability

Many times, claimants and their attorneys are confronted with a request from an Administrative Law Judge to amend their onset date of disability. Essentially, when ever a claimant "files" for Social Security Disability (Disability) or Social Security Supplemental Income (SSI), they give the Administration a day in which they became disabled. Usually this day is the day that the claimant left work due to their problems. This date is called the alleged onset date ("AOD"). The name carries a slight negative connotation in the eyes of someone applying for disability. The only reason the term is called alleged is because that issue of onset is to be established by the claimant and their representative.

Often, by the time the claimant's hearing comes to be scheduled, the ALJ will review the file for the first time. During this review, the ALJ will determine if the onset date is established by the medical records. Most factors of a proposal to amend an onset date will be either a specific medical finding that seems to correlate with the claimant's limitations or the claimant has earning posted to their earnings record, including unemployment benefits.

Long story short, if the Judge is asking you to amend the onset date, they essentially are going to award benefits. I always will counsel a client on the consequences, such as Medicare eligibility dates, workers comp offsets, LTD subrogation, etc. Barring some associated issues, amending an onset date entitles a claimant to benefits which means a fully favorable decision is waiting. I almost never see a Judge requesting an amended onset and not pay the claimant. However, always use caution and always know the justification for amending an onset date.