Does Social Security Hold Back The First five Months Of Back Pay?

All 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 eligible 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.

Additional information:

The Social Security Disability Five Month Waiting Period

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.

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