Social Security Disability Definitions
Social Security Disability and SSI Overview
The Requirements for Disability
Social Security Disability and SSI Applications
Tips and Advice for Disability Claims
How long does Disability take?
Common Mistakes after Receiving a Disability Denial
Disability Denials and Filing Appeals
Social Security Mental Disability Benefits
Disability Benefits offered through Social Security
Benefits through SSI disability
Disability Benefits for Children
Disability Qualifications and How to Qualify
Social Security Disability and Working
Winning your Disability Benefits
Social Security Back Pay and the disability award notice
Disability Lawyers and Hiring an Attorney
Social Security Disability SSI List of Conditions
What is considered a Disabling condition by Social Security?
Social Security Disability SSI and Medical Evidence
Filing for Disability Benefits
Eligibility for Disability Benefits
SSDRC authored by Tim Moore
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Does Social Security Hold Back The First five Months Of Back Pay?
All Social Security disability claims involve a five month waiting period for which no disability benefits are paid. Social Security disability beneficiaries are subject to a five month waiting period that begins with the month following their established disability onset date (the date Social Security determined they became disabled) and ends five months later.
There is no real exception to this rule, but there is an exception of sorts. Since Social Security disability benefits can only be paid for twelve months prior to a disability applicant’s protective filing date (the date they contacted Social Security to file for disability), a disability applicant may be able to receive the maximum twelve month retroactive back payment of disability benefits if they have been unable to work for at least seventeen months prior to filing for disability.
Disability applicants cannot just chose a date seventeen months prior to their protective filing date to avoid the five month waiting period, they must be able to prove they have been disabled at least seventeen months (via their medical records and and statements from treating physicians).
Social Security disability beneficiaries, who are awarded their ongoing disability benefits and back pay at an administrative law judge hearing will not notice the five month waiting period as much because, usually, they are entitled to substantial disability back payments due to the wait time for their disability.
Unfortunately, disability beneficiaries who stopped working just prior to filing their disability claims have no way to avoid the five month waiting period.
The five-month waiting period does not affect disability beneficiaries who are entitled to receive Supplemental Security Income (SSI) disability. SSI is a need based disability program that allows a disability beneficiary to receive disability benefits from the date of filing. However, SSI disability beneficiaries are not entitled to any kind of retroactive back payment of disability benefits. The earliest that SSI disability benefits can begin is the protective filing date on the SSI disability application.
The Social Security Disability Five Month Waiting Period
Return to: Social Security Disability Resource Center, or read answers to Questions
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria