By the time a Social Security disability case goes to hearing, most claimants have been waiting at least a couple of years since applying (if not longer), so of course expectations are high that they’re going to get tens of thousands of dollars in backpay for the whole time they’ve been waiting.
But the unfortunate reality is that in many cases, Social Security will pick a date well after when a claimant alleges disability. Sometimes, they might only end up with a couple months of backpay, even after a years long wait.
The reasons for this are manifold, and vary quite a bit from case to case. A big reason why many people are found disabled with later onset dates is how Social Security views age. It’s simply easier to be found disabled once you reach either age 50 or 55 given how the rules work. It’s very common for someone to say they’re disabled at age 48, but by the time a hearing rolls around, they’re 51, and now the administrative law judge will only find them disabled form their 50th birthday.
Another common issue is medical evidence. You may allege disability due to back issues, but if it’s been several years since you’ve had an x-ray, and then finally get one a few months before a hearing, in many cases, a judge will only find you disabled based on the more recent x-ray.
And in other cases, new conditions arise during the waiting time that Social Security finds are disabling.
Onset dates are a particularly tricky part of disability law, but one that disability attorneys are well versed in and can help you navigate.