What is the Social Security Disability nuclear option?
The Social Security Disability nuclear option is when an onset date is amended when you have a judge that you know is going to deny a claim where the onset date sits. There are 5 fact patterns when we want to consider the SSDI nuclear option.
In what circumstances should I use the Social Security Disability nuclear option?
1. Recent drug use and subsequent facility graduation-
2. Judge is going to deny again but you just turned 55 for a specific grid out-
3. Went to prison while applying and you got out a couple months before your hearing.
4. Working full or part time for an extended period
5 You know judge is going to deny you and the evidence was weak until just recently.
Why would I do this?
It is simple if this is going to make a difference evaluating the claim because the claim has more merit and you know the judge is going to deny your client and a positive outcome on appeal is not likely it is a no brainer and in many instances even if an appeal would be successful it is still better for the Claimant to have their money now because they are in need or terminally ill then this should be done.
Remember these are fact intensive decisions and why you want to hire Betz & Baril or another law office with experience handling Social Security Disability issues.