The importance of dates when it comes to getting your Social Security Disability

Host:

 

Well, it’s a new year and a new date. It’s a good time to remember why dates are so important, especially when it comes to getting your Social Security Disability correct.

 

Attorney Katherine Stone, from Injury Florida Law, is here to explain this further. Happy New Year, Katherine.

 

Katherine:

 

Happy New Year.

 

Okay, dates. I know you’ve talked about this in the past, but I don’t think we can probably stress it enough, right?

 

Katherine:

 

No, and we can’t, and obviously I’ve had some instances lately, where individuals have called inquiring about help with their Social Security disability claim.

 

And I’ve taken on some of those cases, and when I eventually got the Social Security file, and was able to look at the application that the person has filled out prior to my representation – because a lot of times, people don’t keep that, and that’s very important to keep that application.

 

It’s called the alleged onset date. It is the date that you’re telling Social Security disability that you can no longer work. And so that date is essentially the controlling date that Social Security utilizes when they analyze your case.

 

So, if that date doesn’t have some correlation with an event that led to you being unable to work, or medical records – and you always have to have medical evidence to support the inability to work.

 

So what I found in a couple of instances recently was people had utilized dates that really didn’t have any significance. They just – it was kind of like they just picked a date out of the hat. And when I got the medical records, I realized, well, the medical records do not correlate with the onset date.

 

So in other words, maybe someone had an accident. Because you can have an accident on the job, but then get returned back to work – you know, light duty – and work, and then maybe end up having a surgery that ultimately leads you not being able to go back to work.

 

And so, this particular individual had utilized the date of their work accident, but really, they had worked for like a year, light duty. So it wasn’t until much later that they were unable to return going back to work.

 

And so I had to recommend amending the onset date. And then we were able to secure disability because Social Security had kept denying it because that alleged on set date, had no correlation with the person being unable to return to work.

 

And so the other reason the alleged onset date is so important is your age, and the onset date. So, anyone under the age of 50 has different rules that apply to how you become disabled, if your date of disability is under the age of 50.

 

From 50 to 55, there’s another set of rules and the way that Social Security analyzes it. And then from 55 and above is a different criteria that Social Security looks at.

 

So that’s why – and I’ve had instances, one recently in court, where we amended the onset date during the court hearing till after the person’s 50th birthday. Because with the restrictions, he was more likely to qualify by moving the onset date until after his 50th birthday.

 

Host:

 

You know I’m glad we’re talking about this. And maybe you know someone at home is watching and they’re thinking, yes, I qualify, but I already set that, right, and now as a result, I can’t change it. So I’m glad you say you can change.

 

Katherine:

 

No, you can change, it. You can even change it all the way up until your hearing date with an administrative law judge.

 

Katherine:

 

Ok, ok, I think that’s just so important, in case people are watching that it’s never too late.

 

Katherine:

 

That’s why the date is like, one of the first things that I look at.

 

Host:

 

Okay, well there you go. You have the first thing that Katherine still looks at.

 

But most importantly, though, she wants to be able to help you with any of your cases. If you have questions or want to get in touch with her, there’s the phone number, there’s her website as well.

 

Of course we’re talking about injury Florida Law Firm, and of course our dear friend Katherine Stone. Thank you for being here.

 

On screen:

 

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