The issue of receiving back pay when you have a disability that makes you eligible to receive social security disability benefits is one of the most confusing aspects of applying for and collecting disability benefits.
With so many terms being tossed around – application date, onset, waiting periods, and date of disability – it’s no wonder why your head is spinning from trying to figure whether or not you are entitled to receive social security disability back pay.
Today, our Everett social security disability back pay attorney from Russell & Hill, PLLC, is going to explain everything you need to know about the issue of back pay for SSI and SSDI.
So when and how much back pay will you receive when you have a medical condition that qualifies for social security disability benefits? That depends on which type of social security disability benefits you applied for.
Whether or not you are entitled to receive back pay for your social security disability depends on the type of benefits you applied for – Social Security Disability (SSDI) or Supplemental Security Income (SSI) – the date when you applied for these benefits, as well as other details about your disability.
If you applied for SSDI, you will have to comply with the 5-month waiting period in order to receive back pay. Our experienced social security disability back pay attorney in Everett explains that you may be entitled to receive back pay from the date you applied for SSDI to the day you were awarded the benefits minus the 5-month waiting period. In order words, if it took the Social Security Administration (SSA) seven months to award the benefits from the date you applied for SSDI, you will receive only two months of back pay.
However, a skilled social security disability lawyer may be able to help you collect up to 12 months of retroactive back pay from the date you applied for SSDI if your lawyer can provide sufficient evidence that you were disabled prior to your application.
When you apply for SSI, on the other hand, there is no 5-month period. Therefore, if it took the SSA seven months to approve your disability case, you are entitled to seven months of back pay. However, there’s a downside: you will not be able to receive retroactive back pay even if you were disabled prior to your application.
Do keep in mind that you will have to provide the date of disability, or, in other words, the onset date of your disability, in your application form. The date that you indicate in the application will be considered the “alleged onset date,” or AOD, and will have to be confirmed by the claims adjuster or examiner reviewing your case.
As you may have figured it out by now, the sooner you apply for SSI or SSDI benefits, the more back pay you can receive once your disability case is approved. Therefore, you have no time to waste on Googling how to fill out application forms and doing other time-consuming things. Instead, schedule a quick and free consultation with an Everett backpay social security disability lawyer from Russell & Hill, PLLC, to discuss your case.