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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.

Related:

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.








Essential Questions

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Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

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Related pages:

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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








For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.