Amending your Alleged Onset of Disability (AOD): When Does This Make Sense?

You may have heard of the term “alleged onset of disability” (AOD) before. Your alleged onset of disability is essentially the date you met the criteria of disability and became unable to work (See blog post Alleged Onset date or “AOD”: What it Means and Why it is Important to learn more). Your alleged onset date is often the date you stopped working due to your disabling impairments. However, it is important to note that these alleged onset dates are not set in stone. They can be changed by a judge or by your own motion to amend. An administrative law judge has the ability to amend your onset date based on your medical records or testimony provided at the hearing. This would mean the judge determined your initial onset date of disability was not supported by medical evidence. A judge can also amend your onset date if it is too far back in the past. This would mainly be due to the rules regarding how far a claim can be paid back. Sometimes at your hearing, a judge ask if you would be willing to agree to amend your onset date to a different date based on their review of your case. For example, say your initial onset date was May 1, 2022 (when you stopped working due to back issues), however your medical records show you did not get treatment for those back issues until December 20, 2022. The judge may propose you amend your onset date to December 20, 2022. It is important to note that you do not have to agree to amend your onset date. While it is crucial to talk with your attorney regarding the proposed amendment to better understand all the pros, cons, and financial implications, it can often be in your best interest to agree. This can often lead to a favorable and/or a quicker decision. Also note that even if you do not agree to amending your onset to the date the judge proposes, they can still find you disabled as of that date if they so choose. Along with a judge’s proposed amendment at a hearing, you can also make a motion (with the help of your attorney) prior or at your hearing to amend your onset date. This may be due to certain obvious issues in your case including medical treatment, working after your onset date, or a very remote onset date. Overall, it is important to work with an experienced attorney who can further explain certain issues in your case and whether amending your alleged onset of disability makes sense in your specific case.