How Green and Greenberg Determines the Most Advantageous AOD for Disability Claims

When applying for disability benefits, one of the critical components of your claim is the date you select as your alleged onset date (AOD). The alleged onset date is the date the claimant lost the ability to work enough to engage in substantial gainful activity (defined below). Eligibility and the amount of money you receive in retroactive and continuing benefits will be directly impacted by the date selected as your alleged onset date. In this post, we’ll break down how Green and Greenberg selects the AOD in straightforward cases as well as those with more complexity

Understanding the Alleged Onset Date (AOD)

The AOD is essentially the date when your disability began, or at least when it became severe enough to prevent you from working. For SSDI and SSI claimants, the AOD is crucial because it determines the period during which you are entitled to benefits. An earlier AOD may allow for a larger back payment of benefits, which is why it’s important to accurately choose this date. In some cases involving issues of the date a claimant was last insured for SSDI benefits it may even mean the difference between a successful claim or the denial of benefits completely.

Simple Cases: Clear and Easy AOD Determination

In some disability claims, the AOD is fairly straightforward. For example, if you have a long work history at one job and then experience a severe injury that results in an immediate work stoppage, the AOD is clear. The date of the injury or the moment you stopped working could be your AOD.

For example:

• A worker who suffers a debilitating accident at work may have their AOD clearly marked as the date of the accident.
• Someone who suffers a stroke and immediately cannot return to their job would have their AOD the date of the stroke.

These types of cases are clear-cut because there is a specific incident that directly leads to the disability. In these situations, the AOD is usually not a point of contention, making the claim process smoother.

Complex Cases: When Determining AOD is More Challenging

In other cases, determining the AOD can be more complicated. Factors like a slow progression of the condition, gaps in medical treatment, earnings from post-AOD work, and unsuccessful attempts to return to work can all affect the AOD determination.

1. Slow Progression of Condition 
Conditions such as arthritis, degenerative diseases, or mental health disorders often progress slowly over time. For someone with a gradually worsening condition, there may not be a specific event that marks the onset of the disability. The condition might worsen gradually until it eventually causes the individual to stop working altogether.

In these situations, Green and Greenberg works closely with the claimant’s healthcare providers to gather medical records that document the progression of the condition. These records help pinpoint the most likely AOD, even if there was no dramatic or immediate change in the claimant’s ability to work.

2. Lack of Regular Treatment
In some cases, claimants may not have sought medical treatment regularly, especially if they did not fully understand the severity of their condition. Lack of consistent treatment can complicate determining the AOD because there is often insufficient medical evidence to pinpoint the onset of the disability.

We help claimants gather any available medical records, such as emergency room visits, tests, and other healthcare visits, to build a comprehensive picture of their health history. We also work with treating doctors to understand when the condition became disabling.

3. Earnings from Post-AOD Work
If a claimant continued to work after the onset of their condition, the SSA may consider whether they earned substantial income. The SSA defines substantial gainful activity (SGA) as the level of income you can earn while still being considered disabled.

If the claimant has worked and earned income post-AOD, we must assess whether that work was above the SGA limit. If the earnings are high enough, the SSA may argue that the AOD should be later than the claimant believes. In these cases, Green and Greenberg works with the claimant to determine whether the work was unsuccessful or temporary, and we gather the necessary evidence to prove the claimant’s inability to sustain gainful work.

4. Unsuccessful Work Attempts
Many individuals with disabilities make unsuccessful attempts to return to work. For example, someone with chronic pain might try to return to their job but find that their condition worsens, forcing them to stop again. These unsuccessful work attempts are critical in determining the AOD because they demonstrate that the claimant was attempting to work despite their condition.

In these cases, Green and Greenberg helps clients collect evidence from employers, doctors, and family members to show that these work attempts were genuine efforts but ultimately unsuccessful. This evidence helps strengthen the case for an earlier AOD.

Why Work with Green and Greenberg?

The SSDI and SSI claims process can be complicated, especially when determining the AOD. At Green and Greenberg, we use our legal expertise and experience to help you navigate this process. Our team works tirelessly to gather evidence, consult with medical professionals, and present your case in the best possible light.

If you are unsure about your AOD or have had your disability claim denied, contact us today. We can help you determine the best course of action and maximize your chances of receiving the benefits you deserve.