Can/Should I change the onset date for my SSDI application?

[quincy]

I know that the onset date of disability has a lot to do with not being able to work AT ALL!

The above quoted portion is wrong.

Thank you, though, for stating on what you are basing your information. Please do not make definitive statements based on your experience.

 

[Onderzoek]

I'm located in North Carolina.

I'm pretty sure that I've made a good case for SSDI. I have numerous physical conditions, including chronic abdominal pain, migraines, insomnia and fibromyalgia. Also, I suffer from PTSD, generalized anxiety disorder and depression. This is my 1st filing and I know that most people are denied, but with my paperwork I included letters from my doctor and therapist listing my disabilities and that I couldn't even do 8 hours/month community service due to my ongoing medical and psychological issues. In that letter, my therapist stated that I'm struggling greatly to meet my basic needs like taking care of my kids, sleeping, eating, etc. My therapist also filled out an RFD paper I found online and most of the symptoms were marked and clearly stated that I can't work right now and that the treatment would be ongoing for at least 6 months if not longer. A letter from my former employer cited how they could observe my medical issues and had to send me home frequently and how I was dismissed due to excessive absences because my medical conditions had gotten so bad. Also, a friend wrote a 2 page letter that was notarized specifying how I was before my disabilities escalated and what he has to do for me know since I've had so many problems functioning.


I originally put the onset date as Jan. 2013 since I was already missing a lot of time and I was hospitalized in Feb. of 2013. Am I able to change my onset date to 2012 when the absences started since my case is still pending? If I were to call and do that and DDS disagreed would they deny my case entirely or just adjust the onset date to what they want it to be?

You need to start with your local office if you are going to change your alleged onset date (AOD) to a MM/DD/YY, not just a year. The date needs to be changed in the application that the local office processes when you get a final DDS decision. You need to fill out an SSA 821 detailing when you started and stopped work, all months since the alleged date of onset. Your local office can recommend a POD, potential onset date and then DDS/ODAR will make a decision about an established onset date (EOD). Concepts such as unsuccessful work attempt (UWA), impairment related work expenses (IRWE), sick leave, unpaid assistance, can all factor into the POD. And it is all captured on the SSA 821. You will need all your pay stubs to be able to complete the form.

You can allege any date you want. You will have to explain how you managed to work after that date and SSA will have to decide if it was SGA or not. Unless you continue to perform SGA, SSA will not automatically deny your case because you changed your AOD; they will just disagree with you.

Complete an SSA 821. Submit it with the anecdotal evidence and the pay stubs.

Here is the complicated chapter.
https://secure.ssa.gov/apps10/poms.nsf/lnx/0410500000

 

[Onderzoek]

I know that the onset date of disability has a lot to do with not being able to work AT ALL!

Well, no not really. The legal definition is ..."inability to engage in any SGA by reason of any medically determinable physical or mental impairment which can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months."

When looking for the link below, I did notice that the term SGA was not used in the publications or at the web site but only in the technical sections. I think the phrase "inability to work" is much easier to understand than "inability to engage in Substantial Gainful Employment". But the second phrase is the legal term.

UWA (Unsuccessful Work Attempt), IRWE (Impairment Related Work Expenses) and earnings under the SGA (Substantial Gainful Activity) amounts all factor into whether or not work activity is SGA and determining the date of onset of disability. It is possible, although less likely, for a person to be approved and found disabled even if they were working. But it is an uphill battle.


https://secure.ssa.gov/apps10/poms.nsf/lnx/0410105065

 

[Onderzoek]

Here are a couple of examples of work that is not SGA and would not cause an automatic denial on an initial application:

1. A Down's Syndrome adult working at a sheltered workshop being paid by production, not by the hour and requiring substantial supervision to get the job completed.
2. A spinal cord injury adult who spends part of his pay check on special equipment and assistants that allow him to get his work done (IRWE). Often this is paid for by Department of Rehab, but it is conceivable that the amount of out of pocket expenses greatly reduce the net earnings to be under the SGA amounts.
3. An individual with autism that works in his dad's business but is not expected to perform at the same level that other non-related employees are and gets the same hourly wage (lower production).
4. A woman with terminal cancer who has to take a three hour break after lunch to rest and take holistic/alternative treatments that cost 1/2 as much as she is getting paid.
5. A man who forces himself to go back to work 60 days post stroke but the demands of the job make him sick and he stops after 80 days. Takes another 60 days off and then tries again, another few times. Then gives up. Unsuccessful work attempt.
6. A schizophrenic who is initially attractive and personable when properly medicated and gets jobs at fast food restaurant, but due to his delusions or lack of medication, misses work and gets fired or forgets to come back to work and never manages to keep a job over two months. A series of unsuccessful work attempts.

All of these are uncommon. But possible.