About Jonathan Ginsberg

In order to win disability benefits, you will need to convince a Social Security decision maker – either an adjudicator (claims adjuster) or a judge – that you do not have the capacity to perform work activities for 8 hours a day, 5 days a week.

You will win if the judge finds that you would not be a reliable worker because of things like:

excessive breaks during the day
excessive absences from work
problems with attention and concentration
inability to perform basic physical activities such as sitting, standing, lifting and carrying

While Social Security likes to present itself as claimant friendly and informal, in fact, you must be very specific with any and all SSA personnel when describing your limitations. [Read more…] about Describe Your Physical Limitations in Specific Terms

One of the questions I always ask new clients in my office has to do with the “onset date” they have chosen for their applications. When you apply, either online or over the phone, Social Security will ask you when your disability began.

Usually the appropriate answer is the date you stopped working. In other words, if you were fired or resigned on March 3, your onset date could be March 4.

However, a little more thought into choosing an onset date can produce significantly more money for you.

First, as I discussed on the 5 Month Waiting Period page on this site, you do not get paid the first 5 full months after you are found disabled. This means, that if you use March 4 as your onset date, the 5 month waiting period begins with April and runs through August. If you had used February 28, the 5 month waiting period would start with March and run through July. If your benefit amount is $1,500 per month, you will receive an additional $1,500 in past due benefits.

Second, recognize that your disability may begin prior to the date you actually stop working. Examples of this include:

you may stop working in February, but remain on the books and get paid through March. Social Security is concerned with the date you lost the ability to perform your job, not the dates you were paid salary
the last few weeks or months of your employment may have seen you working at half strength. Perhaps you got special considerations from your boss or help from a co-workers. In such a case, it would appropriate to use the last day you were able to properly complete your job tasks.
you may have gone from full time to part time. Your onset date could be your last day of full time work
you may have left one job and tried another but only lasted 2 months. Generally any work attempt that lasts less than 3 months is considered an “unsuccessful work attempt” by Social Security, so your onset date could be the last date you worked full time at your previous job

If you choose an onset date that is not supported by the evidence, you can change it – this happens all the time at hearings. However, it is much easier to move an onset date forward than to move it back. So if you have not yet applied, note that Social Security will ask you about your onset date and choose the earliest possible date you can. Try to avoid choosing a date in the middle of the month – instead use the last day of the previous month. Finally do not assume that you onset date has to be after you stopped working.

If you have any questions about choosing an onset date, please feel free to contact me by phone at 770-393-4985 or email.