29 Mar Social Security Disability Back Pay
Many social security disability claims often experience serious delays before being accepted. Your disability application could get tied up at the SSA for many months or even years, leaving you unable to work and with no source of income. However, once your disability claim is approved by the SSA, you will most likely be entitled to past due payments of your disability benefits dating back to when you filed your disability claim. This is referred to as social security disability back pay.
SSDI & SSI Back Pay Eligibility
Depending on your particular circumstances, you may be eligible for back payments from the SSA, which are payment of past due benefits owed to you dating back to when your application was filed. You may also be eligible for retroactive payments, which are payments owed to you for the months that you were disabled before you were able to apply for Social Security disability benefits.
Back pay can be sought for disability claims under the Social Security disability insurance (SSDI) program and for Supplemental Security Income (SSI) claims. Retroactive payments can only be sought for SSDI benefit claims. The amount of back payment and/or retroactive payment owed to you by the SSA depends on when you became disabled, when your disability claim was filed with the SSA and when your application was approved. Social security disability back pay and retroactive payments are generally made as a lump sum payment, but in some circumstances, they might be made to you in installments.
Back Pay Based On When The Application Was Filed
Once your disability application is approved by the SSA, you could be eligible to be receive back payments for up to one year before you filed your disability application with the SSA. This “retroactive” pay is only available for SSDI payments. Back payments for SSI benefits are limited to the first of the month in which the disability claim application was filed. There is no chance of getting up to an extra year’s worth of benefits on approval of SSI benefits.
If you happen to have a written statement expressing your intention to file for Social Security disability benefits that predates your actual application filing date, you may be eligible for what is known as a protective filing date. In cases where the applicant for disability benefits has a protective filing date, back payments could be made going back to that date.
Retroactive Payments Based On When the Disability Began
Retroactive payments are determined based on when you can prove that you became disabled, i.e., when your disability started or the onset of your disability. Due to the five month waiting period between when a disability begins and when you are able to apply for SSDI benefits, retroactive payments back to the date of the disability onset are provided by the SSA to those individuals who can prove their disability onset date.
Contact a Charleston, SC Disability Benefits Attorney
Going through the Social Security disability claim process can be stressful and can take a long time. But you are more than likely eligible for back pay or retroactive payments, which can be very helpful to you once these payments are made to you by the SSA. If you have any questions or are interested in applying for Social Security disability benefits, please contact the professionals at Klok Law Firm LLC for help.