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
How does back pay for Social Security Disability work?
How do you get disability back pay?
Author:Tim Moore, former Disability Examiner
If you are awarded disability, you will receive a regular monthly benefit and, most likely, some amount of back pay which will be determined by your month of entitlement (when your disability began) and when you filed your claim.
You can be eligible to receive backpay in either the Social Security Disability or SSI program. You really just need to file your claim. Speaking as a former disability examiner, I usually advise people to do this at a local Social Security office. Your disability interview can be done over the phone with a local office, or it can be done in person at a local office.
How much disability back pay do you get?
The amount of back pay that you get depends on three things: when you filed your disability claim, when your disability began (onset date), and how long it takes to get approved. Back pay is simply what Social Security owes you by the time you finally get your benefits. Unfortunately for most people, claims usually take a long time.
It is not unusual for a claim to take over a year. And if a disability hearing is needed, it can take over two to three years. Fortunately, for those who receive a disability award, there may be substantial back pay. Amounts in the tens of thousands of dollars are not unusual.
Does SSI or SSD pay more back pay?
Either program can pay significant back pay. It depends on how long your claim takes. Whether the claim is for SSD (Social Security Disability) or SSI makes no difference since they are handled exactly the same way. SSD, however, has a waiting period, while SSI does not have a waiting period.
What do we mean by waiting period? Think of it as an elimination period. Social Security Disability has a five-month waiting period, meaning that if you get approved the Social Security admininistration will not pay you for the first five months that you were considered disabled. This, of course, is why it is important to prove that your disability began as far back as possible and this is why your medical records are so important. This is a big part of what a disability attorney focuses on when they handle your case.
How disability back pay works can be confusing, but if you apply for disability and get awarded, you will most likley get back pay. Ironically, the only times a person will not get back pay, or get very little back pay, is when they apply after first becoming disabled and are immediately approved. This does not happen often.
How do I get the most disability back pay?
You will want to do two things. First, you (or your disability lawyer or representative) will want to make sure Social Security has your medical records going back going back to at least the time you filed your application. You should provide Social Security with the earliest records possible. Two, you (or your lawyer or representative) will want to prove that you met the definition of disability as far back as possible.
This means reviewing your medical records, but it also means reviewing your work history since Social Security will try to determine what kind of work, if any, you can still do. Work includes your past work, but also "other work" you might possibly do based on your age, skills, and education. A disability attorney will make the argument that you do not have the ability to do your past work, or other work.
Can I get extra disability back pay?
You can't get "extra" back pay, but if your disability claim is for SSD (not SSI), you can potentially get retroactive disability benefits. What does this mean? For SSD, if you can prove that your disability existed before the time you filed the claim, you can get up to 12 months of retroactive benefits. This, of course, depends on your medical records proving you were disabled this far back. Note: Retroactive benefits are not available for SSI.
Tips for getting as much disability back pay as possible
1. The amount of back pay that you receive will depend on when you file your disability application. For this reason, if you are procrastinating about filing, stop procrastinating and get your claim filed. The sooner you file, the sooner you can get your monthly benefits and back pay.
2. How far back your disability began (based on the evidence) will have an effect on how much back pay you can receive. For this reason, supply full and complete information about your medical records, including older medical records as well as current medical records. Also, supply detailed information about your work history. If you have a disability representative or an attorney, this individual will try to argue that you either meet a disability listing, or qualify for disability through a medical vocational allowance, which is a way of saying that you cannot go back to your past work and cannot switch to some form of other work.
3. Your back pay is affected by when you applied for SSD or SSI. But it is really determined by what is known as your onset date (when you became disabled), which is based on your medical records. The onset date of disability can be argued by your social security attorney at a hearing before an administative law judge.
Note: If you have to go to a hearing, do not do this by yourself. Hearings take a long time to get to (often, it takes more than a year to get a hearing date after a request for hearing has been made) and you do not want to waste this opportunity to win your case. If you have a hearing, make sure you have a lawyer.
Now, let's review what we've gone over with regard to Social Security Disability and SSI back pay.
Things to keep in mind about disability back pay
1. If you apply for Social Security Disability or SSI and get approved, you will most likely get back pay;
2. The longer your case goes on (most claims will involve not just an application, but also appeals), the more back pay you will probably be owed;
3. There are no limits on how much back pay you may be owed since this is based on, essentially, when you filed, when your disability is considered to have begun, and how long it takes to get you approved.
4. Proving how far back your disability began, which affects your back pay amount, will be based on a good understanding of what your medical records and work history have to say.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
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?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
What is the maximum back pay you can get for Social Security Disability?
What is Social Security Disability Back Pay?
How Far Back Can SSI Back Pay Be Paid?
When can I expect my first disability check and my back pay check?
How does back pay for Social Security Disability work?
If I Am Determined Disabled, How Far Back Will Social Security Pay Benefits?
Does Social Security Hold Back The First five Months Of Back Pay?
Social Security Disability SSI - Retroactive Benefits Vs Back Pay Benefits
Do you always get disability back payments from social security?
Social Security Disability Lawyers and 21% Back Pay
How much can you receive in disability backpay in North Carolina?
Why do you receive a Social Security Disability benefit back payment?
Can you file for Temporary Disability Income with Social Security?
Getting a Disability Lawyer in California
Will I qualify for disability Benefits in California?
How long does it take to get disability in California?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
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.