• Onset Date of Disability: Your onset date is when you became unable to work because of your impairment(s). Your back benefits are determined by this date – how far back in time you became unable to work. The farther back in time means more back benefits. There are limits on how far back in time your back benefits can go. The Judge will consider the date you had to stop working, the medical evidence, and your statement when setting the onset date.
  • Drawing Unemployment: To get unemployment, you must be able to work. To get disability, you must not be able to work. These two positions are opposite and may cause problems for your case if you were paid unemployment benefits after the date you said you could not work.
  • Drugs and Alcohol: Drug or alcohol abuse can cause problems in your case.
  • Working or Trying to Work After the Onset Date:
    Trying to work after the date you say you became unable to work can cause an issue in your case. The Judge will want to know the reason. If you cannot provide a reasonable explanation that satisfies the Judge, he or she will probably suggest that you change the date that you say you became unable to work, so that the new date will reflect the reality of what really happened. In contrast to regular work, an attempt to work is not real work under the rules. A few weeks or maybe a few months of trying to work is normal and many times the Judge will not hold this against you. This is seen as a commendable thing to do by a responsible person. If you attempted to work after the date you say you became unable to work, the Judge will want to know how long your attempt lasted, the type of work attempted, and how much you made.
  • Earnings After the Onset Date of Disability
  • Failure to Follow Your Doctor’s Advice: If you have not followed your doctor’s treatment advice, this may cause problems in your case. You will need to explain why you have not followed your doctor’s advice. Acceptable reasons for failing to follow treatment are:
    • You have a fear of surgery.
    • You have had a similar unsuccessful surgery.
    • The treatment is a high-risk
    • Your doctor has advised you to get an amputation of an arm or leg.
    • You cannot afford medical treatment.