My Social Security Disability Judge did WHAT?!

Why would your Social Security disability judge change the onset date in your case to your 50th birthday, when doing so could cost you thousands or tens of thousands of dollars of past due benefits?

This change to your 50th birthday is called an “amended onset date” and it can happen voluntarily - when the judge asks you and your lawyer during this hearing to voluntarily change the onset date, or it can happen involuntarily, when the judge does not discuss this potential change with you but simply issues a “partially favorable” decision in your case in which your claim for disability benefits is approved but as of a more recent onset date such as your 50th birthday.

As I discuss in this video, your 50th birthday is an important point in time in your disability case because age 50 is when the grid rules become applicable in many situations. The grid rules, which you can read about at my website https://gridrules.net make it easier for a less educated and less skilled worker to win disability benefits as of his/her 50th birthday.

Congress created the grid rules to recognize that 50 year old manual laborers with physical injuries would likely have a very difficult time finding entry level work and that for all practical purposes, these workers are unemployable even if they have some residual capacity to work.

If the grid rules do apply to your case then your 50th birthday becomes a shortcut for an approval and frees the judge from performing a more time consuming functional capacity evaluation.

Because Congress made the grid rules apply as of a laborer’s 50th birthday, many judges see age 50 as a dividing line in other cases - even when the grid rules do not technically apply. They are more willing to give you the benefit of the doubt as of your 50th birthday.

If you used an earlier onset date - perhaps a date when you were 48 or 49, the change to your onset could cost you thousands or tens of thousands of dollars in past due benefits. If you are in your late 40's therefore it would be wise to discuss with your attorney the possibility that your judge may want to change your onset so if this issue comes up in your hearing you will be prepared to agree or disagree.

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Jonathan Ginsberg
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