Ask Larry

What Date Do You Think I Should Allege As My Disability Onset Date?

On my application, I listed my onset date as 3-18-22. This was the day after I was fired from my last job due to too many absences due to my conditions. However, I believe I should have put an onset date of 4-18-20. All work after this date are failed work attempts (I think; please correct me if I’m wrong). Please see below:

July 2019 - April 2020 (SGA) - worked at a vet clinic
- April 18,2020 - May 2020 - stopped working due to hospitalization & residential treatment

August 2020-September 2020 - worked at the same vet clinic
- September 2020 - October 2020 - stopped working due to hospitalization & residential treatment

Unemployed mid September 2020- October 2021

October 1, 2021 - January 2022 (SGA) - worked at a university. Didn’t feel like I was capable of job duties so I quit.

January 2022 - March 17, 2022 (SGA)- worked at a pet store but was fired for too many absences due to my disability

What do you think about the onset date and possible failed work attempts?
Thanks so much for your time,
Kathleen

Hi Kathleen. Unsuccessful work attempt (UWA) determinations are complex, so I can't really give you any kind of definitive opinion based on such limited information. Basically, though, any work attempt that lasts less than 6 months and ends due to the person's impairment can potentially be classified as a UWA. So, it sounds like you could at least argue that some or all of your work after April 2020 was a series of UWAs. I would suggest reading the following section of Social Security's operations manual to see if you think that any or all of your shorter work attempts meet Social Security's definitions of a UWA: https://secure.ssa.gov/apps10/poms.nsf/lnx/0411010145.

One thing for certain, Social Security will not establish an onset date earlier than your alleged onset date. Therefore, I would suggest that you allege an onset date that's as early as you believe that you were disabled. You can then give Social Security the required information about any work that you performed after that date so they can make a formal determination of whether or not the work attempts were UWAs. If your claim ends up being disallowed or approved with an onset date that's later than the date you feel you became disabled, you can then file an appeal.

If you've already submitted your claim, you can submit a written and signed statement amending your AOD. You can use a form SSA-795 (https://www.ssa.gov/forms/ssa-795.pdf) for that purpose, but Social Security will also need to have you complete a form SSA-821 (https://www.ssa.gov/forms/ssa-821.pdf) describing any work that you did after your AOD. If you have already submitted your claim and if you know the name of the person who's handling your claim you should probably contact them first so that your paperwork can be properly associated with your claim.

Best, Jerry

Posted: 
Jan 9 2023 - 5:58pm
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