WHAT ELSE MUST I PROVE AT MY HEARING?

Obviously, at your disability hearing you must prove that you are disabled.  But you must also prove when you became disabled.  This date is called the "alleged onset date."

The onset date determines the amount of your back pay award.  It also determines the date you will become eligible for Medicare insurance.  

I have a client right now who is going to hearing soon.  He filed a claim in August, 2019.  If the judge finds him to have become disabled in August, his back pay will be zero ($0).  The five month waiting period will gobble it all up.

However, if my client is found to have become disabled in February 2018, as he alleges, his back pay will be approximately $45,000.

If his onset date is found to be August 2019, his Medicare coverage can being in January of 2021. However, if he is found to have become disabled in Feburay of 2018, he can get Medicare in July 2020.

So, it's important to set the correct onset date to start the back pay and Medicare coverage.

Someone on the claimant's team must be aware that of what it takes to get backpay and prevent a skeptical judge from slicing away at the back pay.  Some judges are worse at this than others.


Some judges make it their life's mission to deny as much benefit as possible, while other judges are fair and look for evidence to pay your claim.  You need someone to be on our side and to stand up for your righs under he law.

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