Sometimes during your hearing, the judge will ask you and your attorney if you would consider changing the onset date of your disability claim. How do you prepare for this possibility and should you say “yes”?
The onset date in your disability case is the date when you say that you became disabled, or not able to reliably perform a simple, entry level job.
The judge might offer to issue a fully favorable decision in exchange for your agreement to change the onset date in a variety of circumstances.
The judge might believe that you are currently disabled but the evidence does not show a disabling level of impairment until some date after your claimed onset date.
More frequently the judge will propose to change the onset to your 50th or 55th birthday - this is done so that one of the grid rules (see https://gridrules.net) applies.
Less often the judge might propose a changed onset date to make the hearing decision easier to write or to reduce the lump sum payment that SSA would have to send to you. The judge also might be testing you and your attorney to see if you will back down.
As discussed in this video you do not have to agree to change the onset date. The judge has the option of issuing a “partially favorable” decision, or perhaps the judge will back down and issue a fully favorable decision. The judge also has the option of denying your claim entirely.
Having tried hundreds and hundreds of cases, I can usually predict which claims might prompt the judge to ask for an onset date change. It is much better to discuss this option with your lawyer during your pre-hearing call.
You can ask for a few minutes “off the record” to confer with your attorney during your hearing but most judges run very tight calendars so you won’t have a lot of time to think about what to do.
If you are not represented and you wish to discuss what to do if the judge should ask you to change your onset date, please feel free to contact me. Case evaluations are 100% no-risk and no cost. Just click the link below right now!
NEXT STEPS...
============== FREE CASE EVALUATION =================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at
https://bit.ly/Contact-Jonathan
====================================================
================= CONTACT ME =======================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdAnswers.com
Facebook: https://www.facebook.com/GinsbergLaw/
Telephone: 800-890-2262
https://bit.ly/Contact-Jonathan
====================================================
***Click Below to SUBSCRIBE for More Videos***
https://www.youtube.com/subscription_center?add_user=ginsbergssd
#socialsecuritydisability
#socialsecuritybenefits
#disabilitybenefits
#disabilityattorney
#jonathanginsberg
