Category Archives: Social Security Disability

How can my doctor help me get disability benefits for fibromyalgia?

Question: I turned 50 this month of January 2014. I became ill in 2004. I have 10 years of medical records, doctors’ appointments, and tests. I went out on disability once in 2006; the doctor stated CFS/fibromyalgia. I lost my job in 2010…laid off due to low work they said, but it was due to illness. One doctor diagnosed me in 2005 with lime disease from tests….another said, Lyme and CFS/fibro.

I have upcoming appointments with pain management, allergies, and a second neurologist and rheumatologist. The first rheumatologist gave me physical therapy appointments…going to them, but suffer after with pain.

I suffer from weak legs that feel heavy and pins and needles, shakes and tremors, can’t walk more than 10-15 minutes, slowly. Also have tremors in arms and hands, stiff joints, radiating pain, sore painful joints, fatigue and burning shins. Acid reflux that can’t be cured, allergies that clogged my face with pain. Back constantly cracks and gives pain. Forearm and thumb move by themselves when writing or typing to long. Pain too. Constipation and other stomach issues are there as well.
How would I best go about asking my primary care physician (PCP) to help me? He knows my situation and has included notes about it in my records. If I send a letter to each doctor I have seen, are they required to include the letter in my records? This letter would describe my illness and how it affects me daily. Would my doctor charge me to fill out the RFC or write a letter? Would a chiropractor be helpful in my case?

Answer: You are doing the right thing by setting up doctors’ appointments. When you’re at the doctors’ offices, tell them as much as possible about your symptoms. You can follow up with a letter if you wish (whether or not the letter goes into your medical record, you can submit a letter and/or pain diary to Social Security with your disability application). When you apply for Social Security disability, the agency will request your complete medical records from all doctors that you list on your disability application.

Since you are applying for fibromyalgia, Social Security will be most interested in the opinion of the rheumatologist. Ask the rheumatologist to fill out a residual functional capacity report for you. You can use our blank RFC form for fibromyalgia. This form will elicit the exact answers from your doctor that Social Security needs to know; it was developed to correspond closely with Social Security’s criteria for getting disability based on fibromyalgia (see the details in Nolo’s article on Social Security’s requirements for getting disability for fibromyalgia). Here are some of the questions the fibro RFC asks of your doctor:

  • Does the patient meet the 2010 diagnostic criteria for fibromyalgia as defined by the American College of Rheumatology?
  • Which of the patient’s tender points are positive for pain?
  • How long have the patient’s symptoms lasted?
  • How long can the patient walk, how much can the patient lift, etc.
  • Does the patient suffer from fibro symptoms such as fatigue, cognitive and memory problems, irritable bowel syndrome, depression, anxiety, and/or lack of restful sleep?

Some doctors will charge a fee for filling out this type of form (it is quite long), but since it will be critical to your disability case, it’s well worth it to spend a hundred dollars or so on it. If you have trouble getting your rheumatologist to fill out the form, read Nolo’s article on getting your doctor to help with your disability claim.

As to your other doctors, Social Security will not take into account a chiropractor’s opinion on your diagnosis, but may consider his or her opinion on how your activities are limited. Again, since rheumatologists are specialists in fibromyalgia, Social Security will give their opinion the most weight. If cognitive or mental issues add to your inability to work, a neurologist’s opinion may be helpful as well. Your PCP’s opinion can also be helpful, not so much on the diagnosis of fibromyalgia, but to supplement the rheumatologist’s opinion on the details of your claim. Your PCP can bolster your credibility (adding their opinion that you’re not a malingerer, or faker), give a longitudinal (historical) view of your symptoms, and can specify what your limitations are. Your PCP should fill out a second fibromyalgia RFC to record these details and submit it to Social Security as well.

Are State Short-Term Disability and Social Security Disability Benefits Taxed?

Question: I’ve been collecting state short-term disability benefits and it’s my understanding that my state doesn’t tax these benefits, so I didn’t think federal disability benefits would be taxable either. But someone told me this isn’t true and that I  will get taxed on my Social Security disability benefits. Who’s right?

Answer: The taxation of disability benefits is a complicated area. There are federal, state, and private disability benefits, plus two levels of possible taxation: federal and state. Let’s go through them one by one.

State taxation of state disability benefits. As to state short-term disability insurance (SDI or TDI), some states do tax their residents on these temporary disability benefits, so you got lucky. While California, New Jersey, and Rhode Island do not tax state-paid short-term disability benefits, New York and Hawaii partially tax these benefits, depending on how much your employer contributed to the cost of the insurance and how much you contributed to the cost of insurance. You can find out more in Nolo’s series of articles on state short-term disability.

Federal taxation of state disability benefits. The federal government doesn’t tax short-term disability benefits in California (unless the SDI payments are a substitute for unemployment insurance) nor in Rhode Island. The federal government will partially tax short-term disability benefits in New Jersey, New York, and Hawaii, since employers in those states pay for part of the benefit. So just because your state doesn’t tax your SDI benefits doesn’t mean the federal government won’t.

Federal taxation of federal benefits. Whether you’ll be taxed on Social Security disability insurance (SSDI) benefits depends on whether you have other income. The benefits are definitely subject to tax, but if you (and/or your spouse) have less than a certain amount of income, the federal government won’t tax them at all.

But if you receive between $2,084 and $2,833 per month, counting all income, or between $2,667 and $3,666 if you’re married, then half of your Social Security disability benefits will be taxed. If you earn more than that, most of your SSDI benefits will be taxed. See Nolo’s article on Social Security disability taxation for the monthly income break points to see whether you can expect to pay taxes, and how much.

Of course, if you’ll actually be collecting disability benefits through the SSI program, these benefits won’t be taxed at all.

State taxation of federal benefits. Another wrinkle: Whether or not the federal government will tax you on your Social Security disability benefits, your state may tax your Social Security benefits. Most states don’t tax Social Security disability, but some do. Read our article on state taxation of disability benefits to see which category your state falls into.

Can You Get Financial Help While You Wait for a Disability Decision?

Question: My friend is waiting on disability; meanwhile her life has fallen apart. She has a degenerative birth defect that causes her to not grow collagen. As such her joints and body are slowly falling apart. Since having a spinal fusion operation, she has been unable to work. She no longer has insurance and cannot afford doctor visits or medications to help her cope with the pain. It seems like a hopeless situation, but maybe you can offer some advice. She is living in Las Vegas, Nevada if that info helps at all.

Answer: Unfortunately, your friend is in a common predicament – not being able to work and having to appeal a denial of Social Security disability benefits can create great financial hardship. Fortunately, there are several sources of assistance that may be available to her. First, your friend should contact your department of social services (in Nevada, it’s called the Division of Welfare and Supportive Services, or DWSS) to see what help is available locally. A social worker at DWSS will have information on free medical care, food stamps, and welfare payments. The social worker may also be able to you your friend about may be able to refer your friend to a local charity that might help with rent and utilities.

Your friend should be able to qualify for Medicaid. She should apply right away so that she can resume seeing her doctor and taking her medications. It is very hard to win a disability appeal if you are not seeing a doctor.

Nevada was one of the states that agreed to expand Medicaid to low-income folks even if they aren’t elderly or disabled, so your friend does not have to wait to be found disabled by Social Security to be eligible for Medicaid. Your friend can apply for Medicaid through the DWSS website, where she can also apply for temporary cash assistance (welfare) and food assistance (food stamps).

Your friend may also qualify for what’s called “interim public assistance” while waiting for SSI (Supplemental Security Income). Even though your friend may have applied for Social Security disability (SSDI), which is based on her prior work earnings, she may qualify for SSI disability benefits because she has no income. SSI has a program to encourage states to pay temporary cash payments to disability applicants who are awaiting a decision from Social Security on SSI benefits. (Social Security will reimburse a state that has paid interim assistance (IA) once that applicant is approved for SSI benefits. For more information, see my article on interim public assistance.)

However, your friend will be approved for interim assistance only if DWSS believes if there is a strong likelihood that she will be found disabled by Social Security. Again, the best way for your friend to get disability benefits is to apply for Medicaid and see a doctor right away. Her doctor can properly assess whether she is still unable to work because of the spinal fusion and can prescribe medication that can help her symptoms. Your friend should also ask the doctor she sees to fill out a statement documenting her physical limitations, so that Social Security will see that they are no jobs she can do.

I’m 55 and can’t lift 20 pounds because of a bad back. Why was I denied Social Security disability?

Question: I applied for Social Security disability benefits for back problems (a herniated disk and degenerative disc disease) and was denied. I’m 55 and I’ve been working as a forklift operator for 20 years, but I can no longer do my job because I can’t lift 20 pounds. My friend who is on disability told me that since I’m 55 and my doctor limited me to light work, I’m guaranteed disability benefits.

 Answer: Your friend must be referring to the Social Security’s medical-vocational rules, also known as the “grid rules,” which do say that in some cases you should be found disabled if you are 55 or older and have the capacity for light work only (meaning that you can frequently lift or carry up to ten pounds and occasionally lift up to 20 pounds). However, for Social Security to get to the point in the disability analysis to use the grid rules, the agency first must find that you can’t physically do your old job.

Since you’ve been denied, Social Security may have decided that you can do your old job, in which case you’ll have to appeal the denial and convince a Social Security judge otherwise. Perhaps your claims examiner thought you could do the job because he or she mistakenly believed that a forklift operator doesn’t have to be able to regularly lift 20 pounds. Or, maybe Social Security didn’t agree that your RFC should be for light work even though your doctor thought so. If this is the case – say, Social Security gave you an RFC for medium work — you’ll need to appeal and prove that your RFC should actually be for light work.

First, find out exactly why Social Security denied you so you can decide what arguments you can use. If your denial notice doesn’t include a “technical rationale” (which includes an explanation of your residual functional capacity (RFC) and why you were denied), you should request your file from Social Security so that you can review it. Maybe Social Security agreed you couldn’t do the job of forklift operator but thinks your job skills as a machine operator could be used in other work that doesn’t require lifting. (In that case, the grid rule saying that a 55-year-old restricted to light work should be considered disabled doesn’t apply and you’ll probably need to hire a lawyer to get benefits.)

But let’s assume the explanation in your denial letter or file states you have a light RFC but that you can do your old job. You’ll need to request an appeal and prove that you can’t in fact do your old job. At your appeal hearing, the administrative law judge (ALJ) will ask you what was required of you at your old job and how your impairment limits you from doing it. The ALJ must compare each requirement of your forklift operator job with the limitations in your RFC. If there is a limitation in your RFC (such as not regularly lifting 20 pounds) that conflicts with even one of the demands of your job (such as needing to lift 20 pounds routinely), the ALJ should find that you can’t do the work. 

The judge will probably request that a vocational expert (VE) attend your hearing to testify whether he or she thinks you can still do your old job. If the expert thinks you can do your past work despite your impairment, and the ALJ agrees, your claim will be denied. If this happens, beware: the VE may have used an inaccurate job title or description to decide you didn’t need to routinely lift 20 pounds as a forklift operator. If so, you’ll need to politely inform the ALJ that you were required to lift 20 pounds, and offer proof of this. (For the vocational expert to be able to say you can do your past job, it must have required only light work, meaning regularly lifting only 10 pounds or less, since you have a light RFC.) To learn more about correcting the VE or judge, see this article on correcting the details of your past work.

If you decide to hire legal representation for your hearing, your disability attorney will know to ask you important details about your work at the hearing, such as how many pounds you had to lift frequently, whether you had to stoop or bend, and whether you were able to a rest when necessary. This way the VE and ALJ will understand your job as you did it as opposed to how “forklift operator” or a similar job title may be listed in the Dictionary of Occupational Titles (DOT). Once the ALJ and VE know that your job actually required you to lift 20 pounds throughout the day, they will likely agree that you can no longer do your past work. (For more help on this, see this article on proving you can’t do your past work.) Then, your next step will be to get Social Security to agree that the grid rules for advanced age call for you to be found disabled, as your friend indicated.

Did my state labor department stop my unemployment checks because I filed for disability?

Question: I am collecting California unemployment and have been since March.  I am a disabled vet with bipolar.  I have seen a psychiatrist for years and his recommendation is to stop working now at 50 years old or find something smaller that maybe I can handle.  My wife filled out the SS disability application and about the same time, California missed an unemployment payment.  Can California see I have applied for SSDI and stop my unemployment payments? I have a family of 5 and need to work until I can get disability.  
Answer: You are in a tough but unfortunately common situation. I don’t know whether Social Security reports disability payments to the California Employment Development Department (EDD), but in some circumstances, you can legally collect SSDI and unemployment insurance at the same time. In California, you can receive unemployment benefits even if you are able to do part-time work only, and for SSDI, you can get disability if you aren’t able to do full-time work. So, the program rules aren’t necessarily incompatible. However, if the jobs you’ve been applying for are full-time jobs and you submit them to the EDD, this may cause a problem, since you are telling EDD that you are willing and able to work full time but you’re telling Social Security you are not able to work full time. (For more on this, see my blog post on unemployment and disability.) I would call EDD and ask why a payment was skipped. If the agency did terminate your benefits, you can appeal its decision.
Keep in mind that you will be immediately denied SSDI if you start to work before being approved for benefits and you earn more than $1,070 per month (unemployment benefits are not counted toward this limit) at any time after you apply for disability. (This is different from VA disability compensation, where you can still work and collect benefits. By the way, if it’s possible that the time you served aggravated your bipolar disorder, you could be eligible for VA service-connected compensation.)
There is one exception to the Social Security rule that you can’t work after you apply for benefits — if you attempt to work for a short period of time and fail because of your disability (called an unsuccessful work attempt, or UWA), you can still receive disability benefits for this time period. (For more information on what qualifies as a UWA, see my blog post on unsuccessful work attempts.)
Finally, you should know that it’s not easy to get Social Security disability benefits for bipolar disorder. It’s not unlikely you’ll be denied benefits the first time and you’ll have to appeal Social Security’s decision. So you may need to plan to be without income for longer than three to six months. For help on how to win benefits for your condition, see Nolo’s article on getting disability for bipolar.

My medical condition has gotten worse. Can my monthly disability benefit be increased?

Question: Social Security approved me for disability benefits due to arthritis and spinal stenosis. I receive a meager amount per month, but I have been able to work a few hours a month to supplement the SSDI. Now my back has gotten worse and I can’t work at all. Can I get my monthly benefit amount increased?

Answer: Unlike other benefits programs like veterans disability compensation and workers’ compensation, the amount of Social Security disability you’re paid doesn’t depend on how disabled you are, or how much your illness or injury limits you. Your monthly Social Security disability benefit is based on your earnings record (or your spouse’s earnings record, if you qualify for disability based on your spouse’s work). Your disability amount is the same amount of what your retirement benefit would be if you retire at full retirement age. Nor is your SSDI amount dependent on your income or your assets. You can be wealthy and still receive your full Social Security disability benefit.

If you receive SSI, it’s also not tied to the extent of your disability, but it is affected by the amount of your income. SSI is based on a set federal amount, but it’s reduced by the part of your income that’s countable. (Social Security doesn’t count the first $85 of your wages or one-half of the remaining income that you earn every month.) So if you stop working the few hours you’ve been working, your monthly SSI payment should go up.

When Should I File for Social Security Disability?

Question: I’ve been on and off work for a few months due to degenerative disc disease and arthritis. I’ve finally accepted that my back pain has become so disabling that I’m not going to be able to hold down a job. When should I file for Social Security disability benefits? Do I need to be off work for six months first?

Answer: There is no amount of time you have to be off work before you apply for disability benefits. Generally, once you have stopped working and you have a physical or mental impairment that prevents you from making at last $1,040 per month, you can be eligible for disability benefits. Because the disability application process can take a year or two, if you feel you are disabled, you should generally file for disability as soon as possible. There are only a few reasons to delay applying for Social Security disability: if you are still working, if you are collecting unemployment, or if you haven’t yet seen a doctor for your problems. Let’s look at these situations more closely.

Working. If you are working part-time, or have been working on and off, this may indicate to Social Security that you’re able to do work activities. To Social Security, if you can earn $1,040 per month, you are not disabled. If you’re not working now, you should be okay to apply for disability, using your last day of work as the onset date of your disability. (You might even be able to use an earlier onset date if your sporadic attempts at work weren’t working out because of your disability – see our article on unsuccessful work attempts for more information.)

Unemployment. If you’re receiving unemployment compensation, it might cause a problem with getting an approval for disability. To receive unemployment benefits, you generally have to certify you are “willing and able to work.” While there are circumstances where it’s okay to collect both benefits at once, it’s generally safer to not be collecting unemployment benefits when you apply. For some more guidance on this, see my June 2013 blog post on applying for disability benefits while collecting unemployment benefits.

Not under a doctor’s treatment. If you haven’t been seeing a doctor regularly for your impairment, this could be a problem. Social Security needs to see medical records such as doctor’s notes, lab test, x-rays, and so on. And Social Security is less likely to take your problems seriously if you haven’t seen a doctor for them. If you haven’t been able to afford to go to a doctor, Social Security may send you on a consultative exam with a Social Security doctor, but unless your impairment is clear-cut and very severe, you are unlikely to be approved for benefits on the basis of a consultative exam. It’s better to make an appointment to see a doctor (maybe try a free clinic) to develop evidence of your impairment.

If you plan to delay filing for disability for a month or two until you’ve either seen a doctor, run out of unemployment benefits, or stopped working, you can get what’s called a “protective filing date.” You simply let Social Security know that you’ll be filing a disability application in the next few months, either over the phone or by sending the agency a letter. The date that you let Social Security know that you intended to file becomes like your application date, as long as you file for disability within six months of that date. This can be important for calculating your disability backpay and a few other reasons. For more information, see our article on protective filing dates for Social Security.

Can I Qualify for Disability Benefits if I Can Work Part Time?

Question: My degenerative disc problems and stenosis became so bad that I was forced to quit my job as a vocational nurse—I could no longer be on my feet all day or physically assist heavier patients. I had been working three 12-hour days per week for the past ten years. I am 49. Can Social Security say that I can work fewer hours and deny me benefits?

Answer: Applicants for Social Security disability should be able to get benefits if they can’t work on a “regular and sustained basis.” Generally, this means full time; for Social Security to deny you benefits, you need to be able to work 40 hours per week without needing to take frequent breaks. In most cases, Social Security won’t deny you benefits because you could work, say, 15 or 20 hours per week.

The rule is a bit different if you worked part-time in the years before you quit due to your impairments. In that case, if Social Security says that you can still do your past part-time job, you can’t get benefits, even if Social Security would agree you couldn’t work a 40-hour week. So in your case, if Social Security decides you can work 36 hours per week, you’ll be denied benefits even if you clearly couldn’t work 40 hours per week. (To learn more about this issue, see our article on disability benefits and full-time work vs. past-time work.)

What if Social Security agrees you can’t work your past job that required three 12-hour shifts per week? (By the way, this probably won’t be difficult to prove — that schedule would be physically grueling for most people; nearly impossible for someone with your physical impairments.) But before approving you for disability benefits, Social Security would look to see whether there are other jobs you could with easier schedules (for instance, five 7-hour days) – or other 36-hours-a-week jobs that require less physical work and more sitting down. Whether Social Security would find that there are other jobs you could do depends on what your residual functional capacity (RFC) is.

One more issue—because you’re not yet 50, Social Security will assume there are other types of jobs that someone your age can learn to do (unless you were given a “less-than-sedentary” RFC, which is not common). For example, say you can’t find a nursing job with lighter duties or a less taxing schedule, Social Security will argue that there are many sit-down jobs you can do.

But once you turn 50, this changes. Then Social Security will use the “grids” to decide whether you should be expected to learn a new line of work. First, Social Security will assess whether you have skills you can transfer to another type of job. If not, Social Security may not expect you to be able to “adjust” to new work, depending whether Social Security gave you an RFC for sedentary work or light work. For more information on this issue, see our article on the disability grids.

Shouldn’t a Broken Leg That Doesn’t Heal Qualify for Disability Benefits?

Question: I applied for Social Security Disability benefits after I fractured my femur and needed to use a walker, so I wasn’t able to work. Social Security denied me because they said I was likely to recover and return to “ambulation within 12 months of onset.” I appealed the denial, and it’s now been almost a year, and I am still unable to walk without a walker or two crutches. Do I need to wait for my hearing date to prove I’m disabled, since it’s obvious I’ll meet the 12-month requirement?

Answer: Social Security denies most cases of broken bones because they’re expected to heal within a year. Only fractures that cause other complications are usually granted disability benefits at the initial application stage.

However, Social Security is aware that some broken legs don’t heal within a year, either due to improper healing, the bones not rejoining, or shortening of the bone.

Social Security is supposed to grant disability benefits to those with a break in their femur, tibia, or tarsal bones if, six months after the injury, your medical records show the bones have not rejoined and your doctor says that you won’t be able to walk without a walker or crutches for at least a year. Unfortunately, Social Security tends not to believe that you won’t be able to walk within 12 months of your original injury. (Even if you’re expected to walk with a cane before the end of a year, that means you’re unlikely to qualify for disability.) Your denial notice may have said something like, “Sufficient restoration of function in your leg is expected within 12 months, leaving no significant limitation of your ability to perform basic work-related functions.”

Because of this, Social Security typically only grants disability to applicants with fractures when it’s been over a year and the disability applicant still can’t walk. This often happens at appeal hearings, which usually don’t happen for a year or more after the initial application, which is why applicants with bone fractures have a high rate of winning benefits on appeal.

In your case, there are a couple of ways you can try to get approved without waiting for a hearing.

1)      Request that a Social Security judge give your case an “on-the-record” (OTR) review. When you request an OTR, you’re saying the judge doesn’t need to see you in person or hear your testimony because your case is so clear cut. Your medical files show that you still qualify for disability because it’s been 12 months and you still can’t walk.

2)      Request that a Social Security staff attorney review your case. You can ask for an attorney advisor opinion on your case if you have new evidence that makes it clear you qualify for disability – evidence that wasn’t available when you applied for disability or asked for a reconsideration review. In your case, you now have solid evidence that your inability to “ambulate” would last at least 12 months, which should qualify you for benefits.

To request an OTR or attorney advisor opinion, contact your Social Security hearing office (Office of Disability Adjudication and Review), or find a disability lawyer to help you. To learn more about these methods, see Nolo’s new article on getting a faster disability decision.

When Did I Become “Unable to Work” for Social Security Disability Purposes?

Question: I’m applying for Social Security disability benefits, but I’m not sure when to say I became “unable to work.” I had to quit working two years ago, but then recently tried to work again for a while and couldn’t. Which date do I use? The date I first stopped working or the date I stopped working the second time?

Answer: When the Social Security field rep or online disability application asks you when you became unable to work, it’s asking for your “alleged onset date” of disability. That means the date you’re claiming your disability began, which should generally be the last time you were able to do any significant amount of work. (Social Security considers a significant amount of work to be $1,040 per month or more (in 2013) — what it calls the substantial gainful activity (SGA) level.) If you work after the onset date you claim on your application, this can cause problems for your disability case, so you need to choose the date you became unable to work carefully.

In your case, however, you may be able to legitimately use the date you originally stopped working as your disability onset date. To do this, you have to get Social Security to ignore the work you did recently. Whether you can do this and use the date of the second time you stopped working depends on the facts of your situation, including how much you earned while you were working the second time and how long you worked for during that second work period.

If you were working below the SGA level during your second period of work, you can still be considered disabled. In other words, Social Security won’t count your second work period as work, and, on your disability application, you can put the date you originally stopped working.

If you were working above the SGA level during your second work period and you worked for more than six months, you can’t use the date you first stopped working. Social Security will not ignore your second attempt at work even if you quit because of your disability.

If you worked for fewer than six months when you went back to work (and you were working above the SGA level), the answer gets even more complicated. You might be able to ignore that work attempt and claim the date you first stopped working, but your second work period will have to qualify as an “unsuccessful work attempt.”

For a short period of work (under three months) to qualify as an unsuccessful work attempt, you must have quit because your medical condition made it impossible for you to do the work, or because your doctor restricted you from doing some of the tasks required, or because the employer took away special accommodations, such as special equipment or permission to work a flexible schedule, that were making it possible for you to work.

For a longer period of work (between three and six months) to qualify as an unsuccessful work attempt, your employer must have taken away special accommodations or conditions that were making it possible for you to work and you can prove that you couldn’t continue to perform the work regularly and satisfactorily (for instance, your work was sub par or you had to miss work frequently).

If your work period qualifies under one of the above tests, you can use the date you originally stopped working as your alleged onset date, but unless you’re sure Social Security will count the work as an unsuccessful work attempt, it’s usually best to choose an onset date that’s after the last day you did any significant amount of work. If Social Security disagrees with your alleged onset date, you’ll likely have to go to an appeal hearing to get the onset date you want (an on-the-record review won’t be available). And even then, the administrative law judge may try to move up your onset date so you aren’t paid back payments for any period you worked.

For more information, read our articles on choosing an onset date and unsuccessful work attempts. Or, consider hiring a disability lawyer to negotiate your onset date for you.