WHEN DO YOU GET BACK PAY FROM SOCIAL SECURITY?

Social Security disability back pay is based upon two things (1) when you became unable to perform substantial work activity due to a medically determinable mental and/or mental impairment and (2) when you file your application for disability. When you file for Social Security disability there is potentially twelve months of retroactive back pay from the date you file your disability claim provided that you stop working at least seventeen months prior to filing your disability claim.

Remember, there is a five-month waiting period for Social Security disability applicants for which the applicant is never paid benefits. Of course, all of this depends upon when Social Security determines the medical evidence contained in your disability file indicates that you became medically disabled according to Social Security disability guidelines. If you’re approved for disability with your initial disability claim, you might receive retroactive back pay if you are found to medically disabled in the past. However, if you file your initial disability claim the first month you become unable to work and are found medically disabled as of that month, you may not receive any back pay. In fact, your entitlement to disability may be in the future due to the five-month disability waiting period.

If your initial disability claim is denied, and you decide to pursue the Social Security disability appeal process you may receive a substantial back pay of Social Security disability benefits. The date you filed your initial disability claim will control the amount of back monthly benefits Social Security owes you should you be found disabled at the reconsideration appeal level, administrative law judge hearing, or Appeal Council review.

If you are entitled to receive Supplemental Security Income disability (SSI) your retroactive back pay will be based upon your date of filing. SSI is a need-based program that has no back pay prior to the date of application. However, SSI beneficiaries are also entitled to any back benefits should they be approved at the reconsideration, administrative law judge hearing, or Appeals Council review.

Since there are substantial backlogs at most Social Security disability hearings offices across the nation, many individuals are waiting up to two years for a hearing. This fact means that many Social Security disability beneficiaries are receiving large back benefits payments, if they have to pursue their disability claims through the Social Security disability appeal process.

Social Security Disability and SSI Disability Information