Comments on: What if the Social Security judge wants me to change the date my disability began? http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/ Published by the Stasiuk Firm PC Sat, 11 Feb 2012 22:02:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Niqua http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-3785 Niqua Sun, 30 Oct 2011 00:43:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-3785 I appied for benifits in July of 2008 and was denied by the ALJ without a lawyer. I got fustrated and gave up. The next time i applied I got a lawyer and started all over again. I just recieved my fully favorable decison in october 21,2011 and the date I applied was August 11,2010 and the letter stated that my on set date was amended to May 7.2009. Im not sure what it means cans someone please explain it to me. I appied for benifits in July of 2008 and was denied by the ALJ without a lawyer. I got fustrated and gave up. The next time i applied I got a lawyer and started all over again. I just recieved my fully favorable decison in october 21,2011 and the date I applied was August 11,2010 and the letter stated that my on set date was amended to May 7.2009. Im not sure what it means cans someone please explain it to me.

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-3008 TomaszStasiuk Fri, 10 Jun 2011 15:49:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-3008 I had no idea so I asked around. It is not clear if benefits started in July 2009 however there were back benefits paid covering 2008? OR, if back benefits were paid back to July 2009 only.  Assuming onset in 2009 (no back pay covering 2008 or earlier), the one response I received felt this was odd that SSA would request pay stubs for 2008.This isn't really an answer. Just that based on the information provided, it is odd.  Note: http://www.stasiukfirm.com/disclaimer/ I had no idea so I asked around. It is not clear if benefits started in July 2009 however there were back benefits paid covering 2008? OR, if back benefits were paid back to July 2009 only. 

Assuming onset in 2009 (no back pay covering 2008 or earlier), the one response I received felt this was odd that SSA would request pay stubs for 2008.This isn’t really an answer. Just that based on the information provided, it is odd. 

Note: http://www.stasiukfirm.com/disclaimer/

]]> By: Bill http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-2999 Bill Wed, 08 Jun 2011 13:31:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-2999 Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009. I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009. Why would they do that? Am I in danger of losing benefits? Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009.

I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009.

Why would they do that? Am I in danger of losing benefits?

]]> By: Bill http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-3000 Bill Wed, 08 Jun 2011 13:31:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-3000 Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009. I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009. Why would they do that? Am I in danger of losing benefits? Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009.

I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009.

Why would they do that? Am I in danger of losing benefits?

]]> By: Bill http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-3001 Bill Wed, 08 Jun 2011 13:31:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-3001 Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009. I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009. Why would they do that? Am I in danger of losing benefits? Why would the SSI office send me a letter asking for pay stubs for the year BEFORE I filed my claim? My case was approved in 2009 and I have been getting benefits since July 2009.

I have been on the trial work program and have reported earnings to them, just an fyi. Now they send me letter asking for stubs for 2008 and 2009.

Why would they do that? Am I in danger of losing benefits?

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-2894 TomaszStasiuk Mon, 16 May 2011 03:46:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-2894 You suggest that you still have an open case. Also, I presume you mean that you are past your date last insured: http://www.socialsecurityinsider.com/2008/08/date-last-insured/ Barring a few very limited exceptions, an onset date can (usually) be changed. However, an individual has to notify Social Security (and preferably the Social Security office working on the case) of the intent to change the onset date. Of course if the onset is being changed to preserve DIB eligibility, the amended onset has to be before the DLI. Honestly, changing the onset date is a simple as notifying Social Security. The tricky part is usually proving disability as of the earlier onset date. You suggest that you still have an open case. Also, I presume you mean that you are past your date last insured: http://www.socialsecurityinsider.com/2008/08/date-last-insured/

Barring a few very limited exceptions, an onset date can (usually) be changed. However, an individual has to notify Social Security (and preferably the Social Security office working on the case) of the intent to change the onset date.

Of course if the onset is being changed to preserve DIB eligibility, the amended onset has to be before the DLI.

Honestly, changing the onset date is a simple as notifying Social Security. The tricky part is usually proving disability as of the earlier onset date.

]]> By: Tanter710 http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-2893 Tanter710 Mon, 16 May 2011 02:57:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-2893  I applied for social security at age 52 and did not know my work credits had expired.  So SSA automatically put me in for SSI.  On my phone interview I gave them an onset date of January 2009 and wonder if there is a possibility the onset date will change from the application date of 12/2010 to at least 01/2010 when I still had work credits due to my severe neck arthritis that doesn't just appear over night.    I applied for social security at age 52 and did not know my work credits had expired.  So SSA automatically put me in for SSI.  On my phone interview I gave them an onset date of January 2009 and wonder if there is a possibility the onset date will change from the application date of 12/2010 to at least 01/2010 when I still had work credits due to my severe neck arthritis that doesn’t just appear over night.  

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-2413 TomaszStasiuk Tue, 22 Feb 2011 19:11:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-2413 An appeal to the Social Security Appeals Council (AC) is not a new claim. It is an appeal from a prior decision. An outright approval from the AC is effective on the lower judge's decision. It is more common to see a Remand from the AC (the decision is thrown out and the case is sent back for a new hearing). However, an approval can be a better result since it does not require a further hearing. Of course, since I have not seen your paperwork, I am only speaking generally. I cannot say what say what the AC is doing in your case. After a case is approved, Social Security decides the amount of back benefits and ongoing monthly benefits: http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/ An appeal to the Social Security Appeals Council (AC) is not a new claim. It is an appeal from a prior decision. An outright approval from the AC is effective on the lower judge’s decision.

It is more common to see a Remand from the AC (the decision is thrown out and the case is sent back for a new hearing). However, an approval can be a better result since it does not require a further hearing. Of course, since I have not seen your paperwork, I am only speaking generally. I cannot say what say what the AC is doing in your case.

After a case is approved, Social Security decides the amount of back benefits and ongoing monthly benefits: http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

]]> By: Dc_lmb http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-2412 Dc_lmb Tue, 22 Feb 2011 14:45:00 +0000 http://www.socialsecurityinsider.com/?p=401#comment-2412 i had a alj hearing he found me not disabilied on july 28 2010 i appealed to to council filed new app they found me disabilied on july 29 2010 what happens to the first app i filed did not get backpay and no medicad 1 am a 40 yr old male with 4 severe impairments THANKS i had a alj hearing he found me not disabilied on july 28 2010 i appealed to to council filed new app they found me disabilied on july 29 2010 what happens to the first app i filed did not get backpay and no medicad 1 am a 40 yr old male with 4 severe impairments THANKS

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-1807 TomaszStasiuk Tue, 29 Jun 2010 01:23:02 +0000 http://www.socialsecurityinsider.com/?p=401#comment-1807 You can ask your attorney to follow up with the Judge's clerk. A phone call checking the status usually brings things back to the top if they have gotten buried. You can ask your attorney to follow up with the Judge's clerk. A phone call checking the status usually brings things back to the top if they have gotten buried.

]]> By: Alcaholicdemon http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-1801 Alcaholicdemon Mon, 28 Jun 2010 01:14:28 +0000 http://www.socialsecurityinsider.com/?p=401#comment-1801 the judge has asked for a new onset disability date.how long after our lawyer submits a new date can we expect to get a answer.its been over 3 months since our court date.submitted a new date 3 weeks ago? the judge has asked for a new onset disability date.how long after our lawyer submits a new date can we expect to get a answer.its been over 3 months since our court date.submitted a new date 3 weeks ago?

]]> By: lisa miller http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-1748 lisa miller Wed, 26 May 2010 02:13:51 +0000 http://www.socialsecurityinsider.com/?p=401#comment-1748 2 months after our court date the ss has sent a letter to our lawyer stating that we must change our aou or my husbands case would result in a denial.is this a good or a bad thing?why did they wait so long.and why a change,since its only like a 3 or 4 month difference.also my husband has been drawing unemployment benefits,which have recently stopped will that effect the final decision also? 2 months after our court date the ss has sent a letter to our lawyer stating that we must change our aou or my husbands case would result in a denial.is this a good or a bad thing?why did they wait so long.and why a change,since its only like a 3 or 4 month difference.also my husband has been drawing unemployment benefits,which have recently stopped will that effect the final decision also?

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-1337 TomaszStasiuk Tue, 25 Aug 2009 00:42:42 +0000 http://www.socialsecurityinsider.com/?p=401#comment-1337 If you don't know what your lawyer did, keep asking until you get a straight answer. <br><br>While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is "fully favorable" instead of "partially favorable," because all the issue have been resolved. <br><br>See my article on partially favorable decisions: <a href="http://www.socialsecurityinsider.com/2008/06/i-got-a-partly-favorable-decision-what-does-that-mean-am-i-partly-disabled/" rel="nofollow">http://www.socialsecurityinsider.com/2008/06/i-...</a> If you don't know what your lawyer did, keep asking until you get a straight answer.

While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is “fully favorable” instead of “partially favorable,” because all the issue have been resolved.

See my article on partially favorable decisions: http://www.socialsecurityinsider.com/2008/06/i-…

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-979 TomaszStasiuk Mon, 24 Aug 2009 17:42:42 +0000 http://www.socialsecurityinsider.com/?p=401#comment-979 If you don't know what your lawyer did, keep asking until you get a straight answer. <br><br>While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is "fully favorable" instead of "partially favorable," because all the issue have been resolved. <br><br>See my article on partially favorable decisions: <a href="http://www.socialsecurityinsider.com/2008/06/i-got-a-partly-favorable-decision-what-does-that-mean-am-i-partly-disabled/" rel="nofollow">http://www.socialsecurityinsider.com/2008/06/i-...</a> If you don't know what your lawyer did, keep asking until you get a straight answer.

While I can't say what will happen in your case, I have often seen that when the AOD is amended and the case is approved, the decision is “fully favorable” instead of “partially favorable,” because all the issue have been resolved.

See my article on partially favorable decisions: http://www.socialsecurityinsider.com/2008/06/i-…

]]> By: robertisco http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-978 robertisco Mon, 24 Aug 2009 03:30:18 +0000 http://www.socialsecurityinsider.com/?p=401#comment-978 I had a hearing with my lawyer and ALJ a week and a half ago.The ALj asked the expert Dr. if I meet ss guidlines and he said yes and gave him the aod I had put down.The ALJ then had my lawyer take me out and tell me he would approve my case if my aod was ammended.My Lawyer said to take the offer,we were rushed so I agreed.Basically, change the date and your appoved.Does that mean Full Approval or partial approval? I cant seem to get a straight answer from my lawer.He said congrats and it loks good and your over the biggest hurrdle.I'm still totally confused.It sound like he moved it from x/06 to x/07 1 yr.ahead. I had a hearing with my lawyer and ALJ a week and a half ago.The ALj asked the expert Dr. if I meet ss guidlines and he said yes and gave him the aod I had put down.The ALJ then had my lawyer take me out and tell me he would approve my case if my aod was ammended.My Lawyer said to take the offer,we were rushed so I agreed.Basically, change the date and your appoved.Does that mean Full Approval or partial approval? I cant seem to get a straight answer from my lawer.He said congrats and it loks good and your over the biggest hurrdle.I'm still totally confused.It sound like he moved it from x/06 to x/07 1 yr.ahead.

]]> By: What is an Alleged Onset Date (AOD)? | Colorado Social Security Law http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-695 What is an Alleged Onset Date (AOD)? | Colorado Social Security Law Wed, 01 Apr 2009 13:00:49 +0000 http://www.socialsecurityinsider.com/?p=401#comment-695 [...] Also see, “what if the Judge wants me to change the date my disability began?.“ [...] [...] Also see, “what if the Judge wants me to change the date my disability began?.“ [...]

]]> By: Nate Craig http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/comment-page-1/#comment-354 Nate Craig Fri, 29 Aug 2008 11:31:23 +0000 http://www.socialsecurityinsider.com/?p=401#comment-354 Thanks for reading my blog. I have been in and out of the office so much the last month with a sick wife. She is doing great and is back to normal. I will try to get on and post some more now that my life has returned to normal. Thanks for reading my blog. I have been in and out of the office so much the last month with a sick wife. She is doing great and is back to normal. I will try to get on and post some more now that my life has returned to normal.

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