social security disability attorneys representatives

PAST DUE BENEFITS (BACK PAY)

Social Security Disability Definitions

This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning.
In almost every case where a claimant is awarded social security or ssi benefits based on disability, past due benefits or back pay will also be received.

The reason for this is plain: social security disability claims take a very long time to process and adjudicate. And, unfortunately, most claims are denied at the initial application level, forcing claimants to follow an appeal process which is, undeniably, very time-intensive.



The result of such an awkward system is that nearly every claimant whose case is approved will be owed past due benefits, or backpay.

How is backpay determined?

The amount of back pay a claimant can receive will always depend on:
  • when a claimant filed for disability.
  • when a claimant's disability is decided to have begun.
For disability based on SSI, benefits can accrue and be paid from the date of the SSI application. For Social Security Disability (i.e. SSD, title II, RSDI), benefits can accrue and be paid from the date of the application as well as up to 12 months retroactive to the date of the application (minus the five month waiting period for social security disability cases--ssi cases are not not subject to the waiting period).

However, these are simply the maximum allowable periods. In any case, how far back past due benefits can be established will, ultimately, depend on the EOD, or established onset date.

The established onset date is set by a DDS disability examiner, or an Administrative Law Judge, and is considered to be the determined date for when a claimant's disability actually began (based on the available medical records).





Social Security Disability and SSI Information






Additional Questions & Answers


  1. Social Security Disability, SSI - What makes you eligible?

  2. Social Security Disability, SSI - When should you file or make an application?

  3. Social Security Disability, SSI - How should you file or make an application?

  4. Social Security Disability, SSI - How do they decide your case?

  5. Social Security Disability, SSI - What kind of evidence is used to make a decision?

  6. How do I survive financially while waiting for my benefit case to be settled?

  7. Can anyone help me financially while I wait for a decision on my case?

  8. Can I work while I wait for a decision on my claim?

  9. Do I need to have attorney or lawyer representation to help me win my case?

  10. How can an attorney or lawyer disability help my ssd or ssi disability case?

  11. Social security past due payments

  12. Social security physical exam

  13. Rulings of social security administrative law judges

  14. Long Term Disability Attorney

  15. Disability Lawyer Washington

  16. Disability Lawyer Oregon

  17. Disability Lawyer Texas

  18. Disability Lawyer Tennessee


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