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Old 10-08-2011, 12:14 PM   #1
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SSDI Onset date questions - can anyone help answer?

Hi All ~ Here is my question(s) with a little history first:

Out on STD (6 weeks) 5/08 to 7/08 - back to work
Out on STD again (4 months) 7/09 - 11/09 - back to work for 4 months
Forded to resign from my job in April, 2010 because of pain
I applied for SSDI in June, 2010
Listed Onset date as April, 2010 on application.

My question is can I get credit for the second STD and list my onset date as of November, 2009 because I did attempt for the second time to return to work and only lasted for 4 months? I have read on these boards that sometimes the Judge will give you credit for at least attempting to return to work after STD. Has anyone had a similar situation?
Thanks so much and, as usual, I really appreciate all of your help and support. You guys/gals are fabulous and I feel blessed to have found these boards.

 
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Old 10-08-2011, 11:54 PM   #2
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Re: SSDI Onset date questions - can anyone help answer?

I say you can try for it. Whats the worst that can happen? That they say no, go with the original April date? I say go for it!!

 
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Old 10-09-2011, 05:05 PM   #3
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Re: SSDI Onset date questions - can anyone help answer?

i also attempted to return to work,,,,twice.....could not handle the severe pain and concentrate on my responsibilities.this was in 2008 , my doa was 1/27/2007 and is what I filed as on set date, at my hearing the judge asked me about and i told her same as above=was the truth.......on set date well documented by all my doctors and judge agreed. thank goodness.
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Old 10-09-2011, 05:53 PM   #4
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Re: SSDI Onset date questions - can anyone help answer?

Really? I also attempted to go back 2x the last time lasted about 4 months before I had to resign. Can I amend the onset date?

Last edited by mod85; 10-09-2011 at 07:54 PM.

 
Old 10-09-2011, 09:50 PM   #5
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Re: SSDI Onset date questions - can anyone help answer?

speak to your atty.....you see all my problems started on1/27/2007-didnt file tiljuly 2008.....my judge referred to it as failed attempts to return to work due to my physical injuries causing me intractable pain
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Old 10-10-2011, 03:59 PM   #6
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Re: SSDI Onset date questions - can anyone help answer?

Quote:
Originally Posted by Dobie View Post
Really? I also attempted to go back 2x the last time lasted about 4 months before I had to resign. Can I amend the onset date?
I would of put the date of onset in 11/09 . I don't know if you can change the date after this long, but it is worth the try. Discuss it over with your Attorney.
If social security does not agree with it they will change the date.

 
Old 10-11-2011, 12:44 AM   #7
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Thumbs up Re: SSDI Onset date questions - can anyone help answer?

Quote:
Originally Posted by Dobie View Post
Hi All ~ Here is my question(s) with a little history first:

Out on STD (6 weeks) 5/08 to 7/08 - back to work
Out on STD again (4 months) 7/09 - 11/09 - back to work for 4 months
Forded to resign from my job in April, 2010 because of pain
I applied for SSDI in June, 2010
Listed Onset date as April, 2010 on application.

My question is can I get credit for the second STD and list my onset date as of November, 2009 because I did attempt for the second time to return to work and only lasted for 4 months? I have read on these boards that sometimes the Judge will give you credit for at least attempting to return to work after STD. Has anyone had a similar situation?
Thanks so much and, as usual, I really appreciate all of your help and support. You guys/gals are fabulous and I feel blessed to have found these boards.

I had a similar case, went on STD September 2007, back to work Feb 2008, back on STD June 2008. I filed my onset date to Sept 2007 and got a Fully Favorable. If I were you I would definitely change my onset date to July 2009.

Your lawyer should argue an unsuccessful work attempt from Dec 2009 to April 2010, which you classify for since you didn't have substantial gainful activity for over 6 months. (Look it up at this link: http://www.ssa.gov/redbook/2010/ssdi-and-ssi-employments-supports.htm#2 )

If you are worried about the money you received from STD, don't. I received my full salary on STD and the ALJ just asked one question about it, since he thought I was working, but I clarified that it was my STD benefits and he dropped it.

Good Luck!

Last edited by princess9483; 10-11-2011 at 11:13 AM. Reason: Had the wrong years, short memory ;)

 
Old 10-11-2011, 07:15 AM   #8
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Re: SSDI Onset date questions - can anyone help answer?

Quote:
Originally Posted by princess9483 View Post
I had a similar case, went on STD September 2009, back to work Feb 2010, back on STD June 2010. I filed my onset date to Sept 2009 and got a Fully Favorable. If I were you I would definitely change my onset date to July 2009.

Your lawyer should argue an unsuccessful work attempt from Dec 2009 to April 2010, which you classify for since you didn't have substantial gainful activity for over 6 months. (Look it up at this link: http://www.ssa.gov/redbook/2010/ssdi-and-ssi-employments-supports.htm#2 )

If you are worried about the money you received from STD, don't. I received my full salary on STD and the ALJ just asked one question about it, since he thought I was working, but I clarified that it was my STD benefits and he dropped it.

Good Luck!
Thank you so much for that fantastic information - you really came through for me. I sent the link to my attorney since he apparently can't do his job!! Thank God for these boards, they have been invaluable to me in so many ways. I will keep you informed. Thanks again Princess! You just may be the sole reason I get my amended date!

 
Old 10-11-2011, 08:30 AM   #9
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Re: SSDI Onset date questions - can anyone help answer?

Quote:
Originally Posted by BB07 View Post
speak to your atty.....you see all my problems started on1/27/2007-didnt file tiljuly 2008.....my judge referred to it as failed attempts to return to work due to my physical injuries causing me intractable pain
Did it matter how much you made per month with regard to the judge's decision? I thought you couldn't make more than $1,000? Hope I am wrong.

 
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