People with disabilities that prevent them from working can apply for cash payments from the Social Security Administration’s disability benefits programs. Although payments begin once the Social Security Administration approves a person’s application, in some cases, a person may have the right to receive payment for benefits from the time before the approval of their application.
Disability back pay compensates benefits recipients for the time spent waiting for approval of their application. It provides financial resources to help with hardships that may have arisen after the onset of a disability. Available back pay differs between the Social Security Administration’s disability programs, and a knowledgeable Social Security disability lawyer can help ensure you receive the correct amount of back pay as soon as possible after the approval of your benefits claim.
When you get approved for Social Security Disability Insurance or Supplemental Security Income, you may have a back pay claim. Contact Disability Advocates Group today for an initial case evaluation with a Social Security disability benefits attorney to discuss your eligibility for back pay and get help pursuing the compensation you deserve.
Understanding Disability Back Pay
The Social Security Administration’s disability benefits programs – Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) – provide cash payments to individuals with disabilities that prevent them from gainful employment. People seeking Social Security disability benefits must undergo a long and complex application process. As a result, months or years can pass between the date when a person becomes eligible for disability benefits and the date the Social Security Administration approves their application.
Fortunately, those individuals may have the right to back pay, a retroactive payment covering the time from when they first became eligible or applied for disability benefits to the date when the Social Security Administration finally approves their benefits application. Disability back pay can compensate for the financial hardships a person experiences while awaiting the approval of their disability benefits application.
The Social Security Administration calculates back pay differently, depending on the program the recipient ultimately enters. For SSDI, a person can receive both back payments (payments for the period between application and approval) and up to 12 months of retroactive payments (payments for the period between the onset of disability and filing of one’s benefits application). Conversely, SSI only provides back payments for the period between application and approval.
Calculating back pay for SSDI also requires the Social Security Administration to factor in the five-month waiting period. Except for a few specific disabilities, a person approved for SSDI must wait five months after the onset of their disability before they can receive benefits. Although the SSDI application process usually takes longer than five months and thus usually does not delay the start of benefits after approval, the Social Security Administration must subtract the five-month waiting period when calculating the number of months of back pay a recipient should receive.
Calculating Back Pay
Calculating back pay for SSDI benefits begins with determining a recipient’s established onset date – the date they first became eligible for benefits due to their disability. The Social Security Administration will count the months between the recipient’s established onset date and their application date (up to a maximum of 12 months). The SSA will then count the number of months between the recipient’s application date and the date of approval and add the two numbers of months together. After subtracting the five-month waiting period (if applicable), the SSA will have the number of months of back pay the recipient should receive.
For SSI, the Social Security Administration will count the months between the application and approval dates.
Although recipients can obtain back pay, the Social Security Administration does not pay interest on back pay.
How Long Does It Take to Receive Back Pay?
People receiving SSDI may receive back pay in one lump sum after receiving their first regular benefit check. However, in the SSI program, the Social Security Administration may pay back pay in several installments spaced up to six months apart, although recipients can petition for larger first and second installments if they need money for housing, food, or medical care or to pay off debts incurred for necessities.
What to Do If Your Back Pay Gets Delayed or You Receive an Incorrect Amount
Unfortunately, various factors can delay receipt of back pay of Social Security disability benefits, such as administrative errors, issues with bank account verification or linking, or disputes over possible overpayments. In addition, you may reach a different calculation than the Social Security Administration for the number of months of back pay you should receive. When you receive an incorrect amount of back pay or have an unreasonable delay in receiving back pay, you can file an administrative appeal with the Social Security Administration to challenge the back pay calculation or demand prompt payment of back pay.
How Can a Disability Lawyer Help with Back Pay?
A disability attorney from Disability Advocates Group can help you get the back pay you need and deserve from SSDI or SSI by:
- Gathering all relevant documentation in your disability benefits application to confirm critical dates such as the application and approval dates
- Working with your treating medical providers and reviewing your medical records to determine the onset date of your disability to determine your eligibility for retroactive SSDI payments
- Communicating with the Social Security Administration on your behalf to resolve issues that may delay the receipt of back pay, such as administrative errors or account verification problems
- Filing administrative appeals to challenge back pay calculations or unreasonable delays in payment of back pay
Contact a Disability Benefits Attorney Today
Upon receiving approval of your Social Security disability benefits application, you may have the right to seek back pay for the time between the onset of your disability and the approval of your application. An experienced Social Security Disability attorney can help you pursue your deserved compensation. Contact Disability Advocates Group today for an initial consultation with our legal team to discuss your rights and options.