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 benefits. |
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Past due benefits (backpay) are not paid out in every single case
However, back pay IS paid out in just about every single disability case. This is true for this reason. Social Security Disability cases, from start to finish, can take take up to three years, or longer, to finish. During that time, the meter is running, so to speak. For the most part, almost every person who is awarded disability will receive backpay. And questions regarding backpay usually boil down to:
That answer does as well as any other. Usually, a claimant will receive their backpay (or the first installment of their backpay) within 60 days of being approved. But it doesn't always work out that way. Sometimes, back pay can be deposited to a bank account before an award notice is even sent (I've seen this happen numerous times). Other times...a claimant's back pay can seemingly fall into an abyss and months will pass before it is received. Much of this inconsistency may be due to the fact that backpayments are not processed at the social security office where claimants apply (except in the case of past due benefits for SSI, which are processed at the local office). Back payments for social security (SSD) are handled by payment processing centers which are often located in other states, and which certainly deal with mountains of processing work. Regarding the second question, "How far back will my back pay go?", the answer will typically depend on two issues: 1. how long your claim has been pending AND 2. the date that was given for the commencement of your disability. Obviously, social security will only pay a claimant benefits from the time their disability begins and, regardless of who makes the disability determination (a disability examiner or a judge), the onset of disability will be based on a claimant's medical records. But once an onset date has been established, backpay will depend on when a claimant filed a disability claim for benefits. For social security disability cases (also known as Retirement, Survivors Disability Insurance, SSD, and Title II benefits), past due benefits may be owed from the date of application as well as up to 12 months retroactive to the date of application. For ssi cases, back pay is payable only from the time of application. In either case, however, since disability cases drag on for very long periods, most claimants are usually eligible to receive one or more years of backpay. *special note: social security disability cases are subject to a 5 month waiting period. What does this mean? Simply this: for whatever number of months you are owed backpay, subtract five of them and consider them appropriated by the federal government. Unfortunately, the 5 month waiting period is a regulatory means by which the Social Security Administration can save money by taking back 5 months worth of past due benefits from every social security claimant. Disability Advocates Help with Claims Free Case Evaluation Back to Social Security Disability Myths |
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SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 1 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 2 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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