Why Is the Date of Onset Important for Social Security Disability Claim?
Posted by admin on Nov 24, 2009
Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?
A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. It is understandable that a claimant would want to speed up the process. It is not easy, however, to do this. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. Another option is to request an on the record review. This simply means that your file is reviewed prior to your scheduled court date. It is the hope that a claim reviewed in such a manner will subsequently be awarded benefits without having to undergo a hearing. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: What is an onset date?
A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Is every claimant eligible for retroactive social security disability payments?
A: No, not all claimants receive back pay. That being said, most cases do receive back pay. That is simply due to the fact that it can sometimes take years before a claim makes it through the process. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.
Q: When should I apply for social security disability benefits?
A: It is recommended that you submit your application for disability benefits as soon as possible after you are no longer able to work. Although the current estimated time of application processing is 90 to 120 days, it is not uncommon for the process to take over 6 months. For this reason, you will want to submit your application as early as you can. If your application is denied, you will probably want to appeal, which adds more time to the process. If you have any questions or concerns about the application process, you may want to contact a social security attorney.