What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
Do you get disability back payments from social security?
How to prove you are disabled
and win disability benefits
There are occasional cases in which a person may get approved for social security disability or SSI and not receive back payments. But typically this is not the case. In fact, it is probably safe to say that nearly everyone who files for disability will receive some amount of back pay. And, usually, in most cases they will receive thousands of dollars in back pay.
Why does nearly every applicant for disability benefits receive back pay? For two reasons. The first is that under the title II program (social security disability), an applicant may actually receive benefits for a retroactive period that can be as much as twelve months prior to the date of application. The second and more obvious reason is because the disability claim process tends to drag on for quite some time before an individual can hope to receive their benefits.
How does back pay work? We should discuss this from the standpoint of social security disability claims versus SSI claims.
Back pay and Social Security Disability
For social security disability, back pay will be payable back to the date of application, and, in some cases may be paid retroactively for up to twelve months prior to the date of application. What determines whether or not a claimant will qualify for retroactive social security benefits? It depends on the onset date for the claim.
When a person makes a claim to file for disability, they state an AOD, or alleged onset of disability. This is basically their opinion of when their disability began. When the claim has been processed and a decision has been made that results in an approval for disability, the case will have an EOD, or established date of onset. This is the social security administration's opinion of when the claimant's disability began, based on their review of the medical evidence.
The established onset date will greatly determine how much the claimant can receive in back pay benefits. However, there is yet another factor that must be taken into consideration. And that factor is the five month waiting period.
What is the five month waiting period? It basically refers to the fact that, even after the established onset date has been determined, social security will not pay benefits for the first five months that the claimant is considered to be disabled. After the five month waiting period has passed, the date of entitlement, also known as the month of entitlement, begins. It is from this point forward that a person who has been approved for social security disability may begin to receive their benefits.
It should be pointed out, however, that the term "five month waiting period" is potentially misleading. In most instances, by the time a case has actually been approved so much time will have gone by that the five month waiting period will have been served out.
Back pay and SSI Disability
For SSI disability back pay is a simpler matter. There is no potential period of retroactivity and there is no five month waiting period. When a claim for SSI disability has been approved, the claimant will be eligible to receive disability back pay payments back to the date of application of the SSI claim.
What is the maximum back pay you can get for Social Security disability ?
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Topics and Questions
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials