Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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When You Apply For Disability Do You Get Back Pay For the Five Month Waiting Period?
Unfortunately, you will never receive back pay disability benefits for the five month waiting period.
According to the Social Security Act, every person who is insured for disability benefits, not full retirement age, who has filed an application for Social disability and been found disabled will be entitled to disability benefits for each month beginning the first month following the five month waiting period.
1. What is the maximum back pay you can get for Social Security disability?
2. When can I expect my first disability check and my back pay check?
Initially, the Social Security Act required a six-month waiting period prior to receiving benefits. However the waiting period was reduced to five calendar months in 1972.
Why does the waiting period exist? The waiting period was created to make sure that individuals applying for disability had long term severe impairments rather than temporary disabling conditions. Congress determined that a waiting period would allow the claimant to recover, or at least show signs of recovery, if recovery was actually possible.
Since the worker would most likely be without income during the waiting period, it would make it unprofitable for a worker not to work if they really were able to work. In this fashion, Social Security could ensure that disability benefits were only paid out to individuals who had impairments that precluded all substantial work activity.
However...having said all this, I have personally always believed that the waiting period should be abolished.
Despite the goals of the federal government that resulted in the creation of the waiting period, the 5 month waiting often works to do little more than deprive social security disability beneficiaries of the first five months of benefits to which they should be entitled. And it handily reduces costs. Even in 1955, Congress found that the waiting period reduced the cost of Social Security by 10 percent.
By contrast, SSI disability beneficiaries have no 5 month waiting period; in fact, after being approved they are eligible to receive disability benefits from the month they file for disability.
That SSI disability applicants are able to receive disability benefits beginning the first month they file an application (provided that they are found medically disabled as of that month)... while individuals who are insured for social security disability cannot receive benefits for their first five months of eligibility does seem unfair.
And compounding this inequity is the fact that title 2 Social Security disability beneficiaries are not eligible for Medicare benefits until 24 months after the first month they are eligible to receive a disability benefit, while SSI disability recipients are entitled to Medicaid immediately.
Many, of course, have argued that neither program should be subject to any waiting period and that both the five month payment waiting period and the 24 month medicare waiting period should be abolished. However, since the five month waiting period and the twenty-four month waiting period save the government money, it is unlikely that either of these waiting periods will be repealed anytime soon.
Return to: Social Security Disability Resource Center, or read answers to Questions
How to File for SSI
What Happens When You File an SSI or Social Security Disability Application?
Applying for disability, medical conditions
How does social security figure out what to pay a disability attorney?
How many people get approved for disability from Social Security?
Social Security Disability SSI and mental condition diagnosis
How to find out if approved for disability?
Disability requirements and how to file in Illinois
Permanent disability benefits
How do you Apply for SSI?
What medical conditions do they Award Disability Benefits for?
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 provide answers to basic questions about pursuing disability benefits
What Mental Problems Qualify for Disability?
Disability for a mental condition
Tips for Filing for disability
Financial Help Filing For Disability
Checklist for filing for disability, SSI or SSD
Qualifying for disability benefits, how to qualify for SSD or SSI
Filing a disability application: the steps
Disability award notice, how long it takes to get benefits
How to Apply for Disability - Where do I go?
What makes you eligible to get disability?
How to check my disability claim status?
Can a disability attorney speed up a disability case?
SSI disability Award Letter
How long to get approved for disability?
How to apply for disability benefits
How long does disability back pay take?
What are qualifications for getting disability?
What medical conditions can you file disability for?
Disability Lawyer help questions
Social Security Attorneys, Disability Representatives