my attorney and i agreed to change onset date when will payments start

Can the judge change the onset date of back pay?

If the SSA agreed with your onset date of 9/1/2014, you would be paid backpay benefits for 2/1/2015 (five months after your AOD of 9/1/2014) to 12/1/2015 (your approval date).

What happens if my AOD date changes to a later date?

Recently the judge did change my onset date and I lost 3 years of backpay, but I wasn’t given an actual date as to when payments would start, so it seems like although I got the disability I have nothing to show for it. Reply. Cathy says: March 15, 2020 at 8:13 am.

What is an amended alleged onset date?

Dec 06, 2012 · An amended alleged onset date is an alleged onset date (AOD) the claimant revises after the field office (FO) sends the claim to the Disability Determination Services (DDS). ... medical criteria needed to establish an onset date when he initially applied for DIB benefits and wanted to change his AOD to 07/15/2010, the date of the automobile ...

Is it possible to appeal the decision about my onset date?

Oct 24, 2013 · The easiest way to change your requested disability onset date is to send a brief letter to the hearing office stating that you wish to “amend the alleged onset date.” Tell them the specific date you think is appropriate based on the evidence and circumstances in your case.

Do you get back pay from your onset date?

Back pay covers the months between application and approval. Because SSDI eligibility technically begins with your disability onset date, you may be eligible for additional “retroactive” benefits if you became disabled well before you applied. SSI is not retroactive.

What does amended onset date mean?

An amended alleged onset date is an alleged onset date (AOD) the claimant revises after the field office (FO) sends the claim to the Disability Determination Services (DDS). Based on the technical and medical requirements for the established onset date (EOD), a claimant may want to amend his or her AOD after filing.Dec 6, 2012

When SSI ALJ amends your onset date Does this mean you have been given favorable decision?

The vocation rules change at age 50, so an ALJ may ask the claimant and attorney if they would “amend” the onset date to 5/1/16. If the claimant and attorney agree at the hearing to so amend the onset date, the “Fully Favorable” decision will so reflect.May 19, 2018

What does approx onset date mean?

The Onset Date is the date you are alleging that you became disabled. It is not necessarily the last day you worked, although often it is. Generally, it is the date you became disabled, and the date you can prove you became disabled. Everything gets measured from that date, including retroactive benefits.Dec 23, 2020

How does SSDI determine onset date?

To determine your EOD, the SSA will look at your AOD, when you last worked, and what the medical evidence shows. If the SSA finds that an applicant went back to work for some time period after applying for benefits, the agency will likely give the applicant an EOD of the date the applicant last worked this job.

What is the onset date for SSDI?

Your disability onset date is the date at which you became unable to work as a result of a disabling medical condition. Payments are not made retroactively but begin with the application date, provided all other eligibility conditions are met.Mar 29, 2018

How often is a fully favorable decision overturned?

Usually cases are reviewed every three years; but some cases are reviewed more often. Sometimes the decision will direct the Social Security Administration to conduct a review at a certain time. Often the Notice of Award will tell you when to expect a review.

What is a fully favorable SSDI decision?

Fully favorable--means that SSA has found that you are disabled as of the date you allege your disability began.Jan 22, 2008

Can a fully favorable decision be reversed?

Can A Fully Favorable Decision Be Reversed? The Appeals Council can review any decision made by an ALJ—favorable or unfavorable. While rare, the Appeals Council can find the ALJ made an error and reverse a fully favorable decision. The claimant can submit additional evidence or comment to support the ALJ's decision.

What is the 5 month waiting period for SSDI?

Is there a waiting period for Social Security Disability Insurance (SSDI) benefits? If we find you disabled, there is generally a five-month waiting period before we can begin your benefits. We will pay your first benefit the sixth full month after the date we find your disability began.Mar 30, 2021

How long can social security hold your back pay?

12 monthsLimits on Retroactive Payments The SSA will not pay you for more than 12 months of retroactive benefits. Since there is also the five-month waiting period, figuring out your retroactive benefits can be confusing.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

Why Is The Onset Date, Or AOD, Important?

Your disability onset date determines how much in past due benefits, or backpay, you can get. For example, say that, when you applied for SSDI on 1...

When Can The SSA Change Your Alleged Onset Date?

If the SSA disagrees with the date you say you became disabled, it can establish an onset date that's later than you think is correct. If the SSA s...

What Can You Do If The SSA Changes Your AOD?

If the SSA changes your AOD to a later EOD, causing you to lose some backpay, you can appeal the new established onset date by asking Disability De...

When Are The AOD and EOD The same?

If you are approved for benefits and Social Security or DDS (either an administrative law judge or a disability claims examiner) decides that your...

What is an amended alleged onset date?

An amended alleged onset date is an alleged onset date (AOD) the claimant revises after the field office (FO) sends the claim to the Disability Determination Services (DDS). Based on the technical and medical requirements for the established onset date (EOD), a claimant may want to amend his or her AOD after filing. If a claimant decides to amend his or her AOD, he or she can do so by contacting us via letter, telephone, visiting a field office, or by providing testimony at a hearing. The amended AOD may be earlier or later than the original AOD.

What is EOD policy?

discusses the claimant’s AOD, the criteria, and implications of our Established Onset Date (EOD) policy with the claimant or the claimant’s representative, and helps the claimant make an informed decision about onset; as well as

What does AOD mean in a job?

In general your AOD is the date you become unable to engage in substantial gainful activity ("SGA"). This means that your earnings have dropped below a certain level due to your medical condition. The level of earnings that is considered SGA changes slightly every year... 1 found this answer helpful.

Can I file a motion to amend onset?

It depends on the stage your claim is in. If it is still pending, you can file a motion to amend onset. If it has already been decided, you can appeal and request earlier onset. If appeal is too late, you can file a new claim.

What happens if the SSA gives you an EOD different than your AOD?

This means that if the reviewer thinks the prior decision maker awarded benefits incorrectly, your award could be revoked. In some cases, it won't matter if the SSA gave you an EOD different than your AOD, because your AOD was also less than 17 months prior to your application date.

What happens if you appeal an EOD?

If you appeal your EOD, you do run the risk of losing all of your benefits. This is because when you appeal any Social Security disability decision, your entire claim gets reviewed, not just your established onset date. This means that if the reviewer thinks the prior decision maker awarded benefits incorrectly, your award could be revoked.

How long is Kevin on SSI?

Because he was an SSI recipient, Kevin was potentially eligible for backpayments from the month after the date he applied to the date he was approved (on July 1, 2020). This would be 14 months of backpay. However, because the SSA determined his EOD was not until August 1, 2019, Kevin received only 11 months of backpay (from August 1, 2019, ...

How far back can I get my SSI?

SSI. People who get SSI benefits can get backpayments as far back as to the month after they filed for benefits (or to the month after their protective filing date) -- as long as the SSA decides that their EOD was before one of these dates. SSDI.

How long is the waiting period for SSDI?

For example, if you applied for SSDI on January 1, 2020, you could get retroactive benefits going back to January 1, 2019. However, there is a five-month waiting period for SSDI benefits, which begins on the EOD and ends five months later, during which time you're not entitled to any benefits. This means that to get the full 12 months ...

What is the EOD of a disability?

This is called your established onset date (EOD). Sometimes your EOD will be the same as your AOD, if the SSA agrees with the date you think you became disabled. Sometimes, however, your EOD will be after the date you claimed you became disabled.

When will Jillian receive her EOD?

(Technically, she received retroactive benefits from June 1, 2018 to her application date of January 1, 2019 and back payments from her application date to her approval date (January 1, 2019, to May 1, 2020).

How long does it take for Social Security to pay back?

If Social Security accepts an applicant’s alleged onset date and it becomes the established onset date, then back payments and/or retroactive payments will apply beginning five months after the onset date.

When will Social Security pay disability?

Social Security will pay SSI disability benefits from the disability “onset date, ” which is the date that Social Security determines a person became disabled. If the onset date is found to be on or before the application date, the person will be paid from the application date onward.

How long can you get back benefits on SSDI?

In addition to this limitation, retroactive benefits will generally not be awarded for more than 12 months before the application date. In the case of someone receiving SSDI only, the back payments and any retroactive payments may be paid in a lump sum.

How long can you receive disability benefits?

In the case of Social Security disability insurance (SSDI) benefits, the maximum you can receive in retroactive payments is for up to one year before your application date. In the case of Supplemental Security Income (SSI) benefits, back payments are payable only from the application date forward.

Can you get back payments on Social Security?

In the case of Supplemental Security Income (SSI), an applicant may only receive back payments from the date of the application onward. Retroactive payments are not available for SSI. In the case of Social Security Disability Insurance (SSDI), an applicant may receive back payments from the date of the application onward, ...

Can I appeal my SSDI decision?

Yes, it is possible to appeal the decision about your onset date. The decision letter should state that you have the right to appeal within 65 days of the date on the notice. For SSDI, it is possible to get retroactive benefits going back to 12 months before the application date, depending on the onset date.

What is a fee petition?

A fee petition must contain an itemized list of the attorney's activities on the case. Your attorney will send the fee petition to Social Security after your case is complete, and will send a copy to you as well. Social Security will approve the petition only if the fees requested by the attorney are reasonable.

What is a two tier fee agreement?

Most standard fee agreements will contain a provision that an attorney may submit a fee petition to Social Security if he or she has performed an unusually large amount of work on your case. These are called "two-tier agreements" because they provide for two different scenarios:

What does a disability attorney charge for?

Disability attorneys often incur up-front costs in pursuing a disability case, mostly from obtaining medical records and getting opinions from treating doctors. Your lawyer may also charge you for the cost of postage, travel, copying, and long-distance phone calls. Your attorney will ask you to sign an expense agreement when you hire him or her.

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

What are some examples of disability hearings?

Here are some examples: You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.

Can a disability lawyer charge a fee?

A disability lawyer can petition to charge you a reasonable extra fee if you have to appeal your case multiple times before you win . Sometimes a disability case will require multiple hearings, an appeal to the Appeals Council, or even a trip to federal district court. These sorts of cases can drag on for many years and require a lot ...

Can Social Security approve a petition?

Social Security will approve the petition only if the fees requested by the attorney are reasonable. Social Security's decision as to whether the requested fee amount is justified will take into account the nature and amount of work performed by the attorney, the complexity of the case, the attorney's knowledge and experience, ...

How long can you wait to receive SSA benefits?

Limits on Retroactive Payments. The SSA will not pay you for more than 12 months of retroactive benefits. Since there is also the five-month waiting period, figuring out your retroactive benefits can be confusing. Using some examples may help clarify.

What is the onset date of SSDI?

Your "onset date" is when your disability began; that is, when your impairment prevented you from working . The date that the SSA determines to be your onset date is your "established onset date," or EOD. If your EOD is before you applied for SSDI, or before you were approved for benefits, you should be able to obtain past benefits, or backpay.

What happens if you apply for EOD before SSDI?

On the date that the SSA determines all of the following are true, that date will become your EOD: your medical condition prevents you from doing other types of work.

How long do you have to wait to file for SSDI?

First, if you are eligible for SSDI benefits as the child of a disabled person, you do not have the five month waiting period. Second, if your benefits start and the stop again, you don't have the five-month waiting period.

How does backpay work?

Here's how backpay works. Social Security Disability Insurance (SSDI) pays monthly benefits to you if you are disabled and unable to work. If you are approved for SSDI, you may be able to get past, or retroactive, benefits from before you applied for SSDI.

When do disability payments begin?

When Disability Payments Begin. For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if you are approved for SSI benefits on January 1 st, you can expect to begin receiving benefits on February 1 st.

How long does it take for Social Security to pay past due benefits?

Social Security generally pays the past-due benefits for SSI or combined SSI/SSDI in three equal installment payments that are separated by six months each .

What is back payment for SSDI?

Another type of back payment that may be available to individuals who are receiving SSDI benefits are retroactive benefits. Retroactive benefits are paid for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are benefits that you were eligible for ...

How long does it take for SSDI to start?

For those who are receiving SSDI benefits, there are several factors that affect when your payments begin: your disability onset date, your application date, and the five-month waiting mandatory period for SSDI. Onset date. Social Security will use the date you filed a disability application as your " alleged onset date .".

How many back payments do you get if you are approved for SSDI?

How Are Back Payments Made. If you are approved for SSDI only, you'll most likely receive one lump-sum payment for the entire amount of your backpayments. If you are approved for SSI, or SSI and SSDI, the rules are different.

How long does it take to get back pay for disability?

Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date. And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

How long is the waiting period for SSDI?

And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).