I was lucky to be approved for SSDI on the first try but they made my EOD 1 June 2015, 8 months after my AOD which was 25 Aug 2014. Payments should begin on 23 Dec 2015 and I don't think I am entitled to any backpay because of the 5 month waiting period and the change of EOD. Is it worth it to get a lawyer to help on my case and are there any good ones known in Omaha, NE? THANKS!
Omaha, NE SSDI/VA Lawyer
- Thread starter Bear333
- Start date
Indeed, congratulations on your recent award of SSA SSDI federal disability compensation benefits!
In retrospect, the Alleged Onset Date (AOD) is the date a Social Security Disability (SSD) applicant states that they became unable to perform substantial gainful activity (SGA) due to their physical or mental impairment. The Established Onset Date (EOD) is the date that the Social Security Administration (SSA) has determined to be when a SSD applicant's impairment actually met the definition of disability for Social Security compensation benefits.
Most often, the AOD and EOD are determined by the SSA to be the same date which then allows for a fully favorable decision for a SSA SSDI claimant. However, if a SSD applicant hasn't any medical evidence to support their AOD or they performed SGA after they alleged they became unable to perform SGA, then they may have an EOD that is later than their AOD.
To that extent, if there isn't any objective medical evidence to support the AOD, the SSD examiner will determine when they have enough evidence to support a finding of disability at a later date, and if they are able to do so the later date will become the EOD. As such, if the SSD applicant worked past their AOD, then their EOD cannot be any earlier than the date they stopped performing SGA no matter how serious their disabling condition might be at that particular point in time.
In my opinion since you have favorably completed the SSA SSDI process, it's a very good idea to request a complete copy of your SSA case file upon availability via the local SSA Field Office for a nominal fee in most situations. Hence, the "disability determination explanation" packet will include at a minimum "findings of fact and analysis of evidence" and an "assessment of vocational factors" write-ups which are very detailed to yield better explanations of your official SSA SSDI case file.
At that point, if you observe any specific oversights or errors in the processing of your SSA SSDI case file then seeking the assistance of an "experienced" SSDI Lawyer for an initial free consultation may be a viable option to validate if there is any opportunity for recoupment of SSA SSDI back payment due to a potential change in your EOD. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!
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I think Warrior is spot on. You need to look at the decision and reasoning from SSA. It may be worth fighting or not, but hard to say without having their decision to reference (may or may not need counsel). Generally I do not tend to recommend specific attorneys outside of military/VA matters (for military/VA I am happy to recommend Jason Perry). As far as SSDI I know an attorney running a veterans non-profit who has a background in SSDI/VA appeals who may be willing to take it, should you desire to appeal and need counsel. With that said, shop around and if you elect to hire counsel make sure you are comfortable and confident in him/her.