Will they back date a disability claim?



Will they back date a disability claim?



 
Here is a question from a visitor to the site:

Question: "A relative of mine suffered a stroke and needs to file for disability. Will Social Security back date his claim?"

If he files for disability and wins, they will award benefits back to what they call an EOD, established onset of disability. This date is based on the medical evidence demonstrating that he met the SSA definition of disability on a certain date.

If that date precedes his date of application, he may possibly receive back pay, assuming his onset date wipes out the five month waiting period. The five month waiting period eliminates the first five months of benefits that a person is eligible to receive. It only applies to SSD, not SSI.

Just as a note: most people do receive back pay when disability is approved, even with the five month waiting period. Usually, the amount of back pay that is owed is in the thousands of dollars, and sometimes in the tens of thousands of dollars.

Of course, if a person is represented by a disability lawyer or by a non-attorney disability representative, then out of the back pay will come the fee for representation which, at this present time will be 25 percent of the back pay up to the current maximum fee of $6000.

How much back pay a claimant gets depends on what the person's monthly benefit is and how far back their date of medical onset (when they became disabled under SSD and SSI rules according to all the medical evidence that been gathered and evaluated) is determined to be.

Additional note: if a person is filing for SSD disability (not SSI), then there is the potential that they might also receive retroactive disability back pay. This is because benefits can be paid for up to 12 months prior to the date of the SSD application.

Of course, just as with regular back pay, this is dependent on how far back a person's disability must be proven to have begun. As always, this depends on the medical evidence. However, it also highlights the value of having a lawyer at a disability hearing who knows what they are doing.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







Most popular topics on SSDRC.com

Social Security Disability in North Carolina

Common Mistakes to avoid after being denied for Disability

Tips to Prepare for Filing for Social Security Disability or SSI

Advice to Win SSD and SSI Benefit Claims

Social Security Disability SSI Questions

What is the difference between Social Security Disability and SSI?

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

What makes you eligible for Social Security Disability or SSI?






Related pages:

Social Security and Disability Benefits for Children
Social Security Disability Representation - Lawyers and Representatives
Winning Social Security Disability or SSI
Disability Qualifications and How to Qualify for Benefits
Social Security Disability and SSI Overview
Requirements for Disability
Social Security Disability and SSI Applications
How long does it take for Social Security Disability SSI?
Social Security Disability and SSI Denials
Social Security Mental Disability Benefits
Questions about SSI Disability Benefits
Social Security Disability Back Pay Benefits
Social Security Disability SSI Awards and Award Notices
Social Security Disability Back Pay Benefits
Social Security Disability SSI and Doctors