HOW FAR BACK CAN SSI BACK-PAY GO?

I keep seeing on the internet that SSI back-pay can go back to either the date you became disabled--OR--one year prior to filing the application for disability. This, of course, is wrong.

SSI, which stands for "Supplemental Security Income" is very restricted in terms of back-pay. Under SSI rules, benefit payments must begin one month AFTER the month in which the application is filed. Thus, the one year rule does not apply to SSI. That rule is for SSDI, which is Social Security Disability Insurance, under Title 2 of the Social Security Act. It does not apply to SSI.

So, the rules for back payments are very different for SSI (Title XVI) than they are for SSDI (Title 2). Most of the internet sites I am reading don't distinguish between SSI and SSDI; however, they are two entirely different programs.

The correct rule for Social Security Disability Insurance (SSDI) under Title 2 is:

Disability back-pay can go back to the original date of disability, but not more than 12 months from the date of application.

The distinctions between SSI and SSDI are confusing. The best advice I can provide is: Call the Social Security office nearest you, OR call a Social Security lawyer/advocate for correct information or advice. You can't always trust what you read on the internet about Social Security. I fear that many claimants lose benefits because they get incorrect information or they misinterpret information they dig up on the internet. A call to the Forsythe Firm in Huntsville is free. We will answer your questions with no cost, no obligation.

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