Social Security Disability Retroactive benefits
"What if you got denied twice (2013 and 2016) and try to get approved now. My onset was in 2003, will they give me retroactive pay if they establish that my onset was in 2003?"
My first concern is if you still have insured status for Social Security Disability if you have not worked since 2013. If you are still insured for disability you may be close to your date last insured, and it is imperative that you follow the disability process to an administrative law judge hearing this time.
This potentially could be your last good chance to qualify for Social Security Disability. Retroactive disability benefit pay is based upon your date of filing rather than when you stopped working.
For example, if you file a disability claim on March 3, 2017, you could receive twelve months of retroactive pay provided that you had not worked for at least seventeen months prior to that date. Remember, Social Security Disability has a five-month waiting period that must pass prior to receiving a monthly benefit.
In your specific case, they are not going to pay you all the way back to 2013 or 2016 because those claims were closed out with denials, so now you are filing new disability claim with a new filing date which changes any potential retroactive disability pay.
If you do not qualify for Social Security Disability you may still be eligible for Supplemental Security Income disability (SSI).
All SSI disability back pay is based upon your date of filing. If you meet all income and resource limits and are found to be medically disabled you would be eligible for a monthly benefit the month that you filed for disability. If you have to appeal your disability claim you may be entitled to several months of retroactive SSI disability benefits.
As you can see, most disability back pay is based upon your filing date rather than when you stopped working. However, if your disability claim has to go to an administrative law judge hearing you may be entitled to a significant back pay of disability benefits in either program due to the lengthy wait times for disability hearings.
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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