Ask Larry

Why Won't My Caseworker Use 2015 As My Disability Start Date?

I was diagnosed with PTSD and ADHD at the age of 50. I have never held a job longer than 5 years. Forward to last last year and I had neuropathy from diabetes had partial foot amputated. My case worker won’t go back to 2015 instead using last year as disability started

Hi. By caseworker, I assume you're referring to a Social Security claims representative. If you're applying for disability benefits from Social Security, you can insist on alleging any date of your choosing as your disability onset date. It's then up to Social Security to determine whether or not you met the requirements for benefits as of you alleged onset date or any date thereafter. If they end up disallowing your claim or allowing your claim with a later onset date than the date you believe is correct, you can then appeal their decision.

There are multiple requirements for eligibility to Social Security disability (SSDI) benefits, which are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.05/handbook-0501.html. Note that you must meet the insured status requirement as well as the medical requirement in order to qualify, but I have no way of knowing if that had anything to do with the disability onset date that the claims representative recommended in your case. In any event, though, if you want to allege an earlier disability onset date than the date the claims representative suggested to you, that's your decision to make and your decision alone.

Best, Jerry

Posted: 
May 3 2021 - 3:54pm
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