Monday, October 14, 2013

BACK PAY DEPENDS ON ONSET DATE

I represent Social Security disability claimants in Huntsville - also in Athens and all over Alabama.  I always try to get claimants paid all the way to the date they first became disabled.  This payment is their "back pay" or "past due benefits."

For example, if Joe became unable to work on January 15, 2012, he may not get approved until many months later.  However, if he applied for disability in a timely manner, he should be able to collect benefits back to January 15, 2012 (minus the mandatory 5-month waiting period).  This may give him thousands of dollars in back pay.

The date an individual first became disabled is called the "onset date."  In order to get benefits back to the onset date, the claimant must prove that he became disabled on that date.  Social Security often tries to move the onset date forward, thus reducing the amount of the back pay to the claimant.

A good representative will seek medical evidence to show that the claimant became disabled on the onset date alleged in the application, thus preserving the back pay.  Social Security has become a tough negotiator regarding back pay.  If you get it, you must have your ducks in a row.  That means good medical evidence pointing all the way back to the alleged onset date.

Mistakes in the application, or mistakes made at the hearing can cost a claimant thousands of dollars in reduced back pay.

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The Forsythe Firm
(256) 799-0297

1 comment:

  1. Social Security frequently challenges the claimant's onset date in order to save themselves money. Be careful to prove your onset date. Failure to do so can cost you thousands of dollars in back pay....right out of your pocket.

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