HOW FAR BACK CAN SSDI PAY?
- The Forsythe Firm
- Jun 17, 2023
- 2 min read
Social Security disability applications take a long time to process. It may take 12 months or more to get your initial decision. If your first decision is a denial, you could be in the appeal process for several more months. If you are eventually approved Social Security will pay you for each month of benefits you missed during the application or appeal process.
The first type of back pay you may get is up to 12 months of benefits prior to the date you filed your application. For example, you became disabled in April but didn't apply until a later date. To get this back pay, 2 conditions must apply:
You were not working during this period, and
You were disabled according to Social Security during this period.
The second type of back pay is for the time between the date of your application and the date Social Security approves your claim. For example, you may have filed your claim in April 2021 but were not approved until July 2022. You can get a benefit for each month during that period, minus the 5-months waiting period.
All SSDI benefits have a full 5-month waiting period. This is really an elimination period. Social Security will not pay for the first 5 full months of your disability.
Social Security only counts full months. If you apply for benefits after the first day of the month, that month does not count towards the waiting period of the period of total benefits. Let's use an example. You apply for benefits on July 2nd. July will not count.
Example 2: You are found to have become disabled on March 11th. Your 5-month waiting period starts with April--because March doesn't count. So in this example, your waiting period would run from April - August and your first benefit would be payable for September.
Any application or benefit on the first day of each month counts for that month. Example: You are found disabled as of March 1, your waiting period covers March - July and you are eligible for a payment for August. Benefits are paid one month in the arrears--so an August benefit is paid in September.
So, 2 factors determine how much your back payment will be:
The date of your application
The date you became disabled (called your Established Onset Date or EOD).
Your representative or attorney will work with you to request the appropriate onset date. At the time of filing this date is called the Alleged Onset Date (AOD). When Social Security approves the date it becomes the Established Onset Date (EOD).
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Prepared as information by The Forsythe Firm in Huntsville, Alabama. Our firm represents claimants for Social Security Disability (SSDI) and that is all we do. Free consultations and never a fee unless you win and collect back pay! (256) 799-0297
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