AFTER YOU RECEIVE A FULLY FAVORABLE DECISION, WHAT HAPPENS?

Following a Social Security disability hearing, you will receive a letter from the OHO, the Office of Hearings Operation, signed by the Administrative Law Judge. Hopefully, your decision will be "Fully Favorable, meaning that your claim was approved just as you filed it, with no changes. The main thing about a Fully Favorable decision is: the onset of disability was determined to be the same as the onset date you alleged. So, benefits are paid back to the original onset date--minus the 5-month waiting period.

The Fully Favorable decision is a major victory. It probably comes after months or years of hard work to get approved. It certainly is cause to celebrate. But you don't have any payment yet. What happens within Social Security after you receive that Fully Favorable letter?

YOUR CASE GOES TO A SOCIAL SECURITY PAYMENT CENTER FOR PROCESSING. Officially, Social Security refers to these as Program Service Centers. It is the job of these centers to calculate your benefits and start issuing checks, including any back pay you are due. These centers only process SSDI (Title 2) claims--that are based on your work record. If you have a Supplemental Security Income (SSI, or Title 16) claim, payments for SSI will be processed at your local Social Security office. This is because SSI is "needs based" or restricted by income and resources.

In Alabama, there is processing center in Birmingham. Sometimes my clients are sent to the Birmingham center. But there are centers all over the United States. Often, my clients are sent to processing centers in Baltimore or Philadelphia. Since these are distant centers, they may have issues that we aren't aware of. These issues can affect how long it takes to get a benefit check.

So, how long do you wait for the first check? There is no definite waiting time and it varies greatly between individual cases and certainly between processing centers. Often the back pay comes before the monthly benefit arrives. In SSDI cases the back pay comes in one lump sum and may be thousands of dollars. I generally expect the back pay to arrive within about 60 days after the Fully Favorable decision, but in a few cases I have seen it take 90 days or longer. Also, the monthly benefit should begin within 60 to 90 days of the Fully Favorable decision. We've handled a few cases where the back pay arrives within 30 days, but I wouldn't say that is average. I do want to emphasize that there is no time limit on Social Security and every case is different. * You simply cannot predict how long it will take them to send you that first check.

HAVE YOU SIGNED UP FOR DIRECT DEPOSIT?

If an attorney/advocate handled your case for you, he or she may not have signed you up for Direct Deposit with Social Security. Direct Deposit is where your benefit checks are deposited directly into your account at your bank or credit union. Social Security will no longer send a paper check in the mail, so it is very important that you are signed up for Direct Deposit. (They will send the back pay check my mail, if you aren't signed up for Direct Deposit, but no monthly benefit checks). Your local Social Security office (not the hearing office) can help you start Direct Deposit. Failure to sign up can delay your payments. That brings me to an interesting "footnote."

We recommend that you have an account dedicated to only your Social Security money, nothing else. Why? Because Social Security payments are exempt from liens or garnishments in most cases. Most creditors are not able to touch your Social Security money in your account. The problem comes when you have OTHER funds besides Social Security payments in your account. It becomes difficult to determine which money is from Social Security. This complicates exercising the exemption afforded to Social Security funds. But if ALL the money that is ever placed in your account is Social Security deposits, it is a simple matter to say: "All the money in that account is exempt from creditors." It's just a good idea.

SUMMARY: After your Fully Favorable decision is reached, your SSDI case goes to a payment processing center, where the payments originate. SSDI back pay may come first in one lump sum. It can come by paper check in the US mail OR deposited directly to bank if you are signed up for Direct Deposit. Monthly benefits will all be direct deposited, however, no paper checks. The time between your decision and you first payment varies a great deal from case to case. On average, you should have your first pay within about 60 days. Neither you or your attorney has any control over how long it takes to get your money. If you have an SSI (Title 16) case, your payments are processed in your local Social Security field office. SSI payments often take longer than SSDI because there is financial information that Social Security needs to determine the amount of your SSI payment, if any. If you have both SSDI and SSI claims, the SSI claim will be processed first by the local Social Security office, then the SSDI claim will be processed for payment.

*In cases of "dire need," the claimant can contact the local Social Security office and request expedited payment. Examples of "dire need" include needing emergency housing, emergency medical care, inability to get food, or having a terminal illness. Call your local SSA office, not the hearing office or judge and do not contact the payment processing center.

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The Forsythe Firm, 7027 Old Madison Pike NW, Huntsville, AL 35806. (256) 799-0297. For general information purposes only. Consult Social Security or your legal professional for problems or concerns with Social Security.