disability lawyers


ARE THERE SOCIAL SECURITY DISABILITY RETROACTIVE BENEFITS ?





The answer to this question is yes, sometimes there are retroactive Social Security benefits payable to a person who has been awarded disability benefits after applying for disability.

A Social Security disability back payment is based upon two things: the date that you file your disability claim and the date of your established disability onset (EOD for short).

How does Social Security define established date of onset? An established date of onset is the date that Social Security determines that your medical and/or mental conditions preclude you from being able to perform substantial work activity.

How does the established date of onset and date of filing affect retroactive Social Security disability benefits? The best way to explain the effect that the established date of onset and date of filing have upon retroactive disability benefits is to provide you with a couple of examples.

For instance, if you filed an initial disability claim the day you stopped working and Social Security determined that you were disabled at that time, you would most likely not be entitled to retroactive disability benefits. In fact, the month that you are entitled to receive Social Security disability benefits may even be in the future.

However, if you applied for disability two years after you became unable to work, you may be entitled to receive twelve months of retroactive disability benefits from the date you filed your disability claim.

Furthermore, you may have to go through a Social Security disability appeal process that takes many months or even years, and this may further increase the retroactive Social Security disability benefits you are eligible for. As you can see, there is no guarantee of retroactive disability benefits. However, as is the case with most individuals who are approved for disability, you may receive a substantial back payment of disability benefits, especially if you attain your Social Security disability allowance at an administrative law judge hearing.








Social Security Disability and SSI Disability Information








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