Thursday, March 12, 2020

HOW MUCH SOCIAL SECURITY BACK PAY CAN YOU GET?

Most claimants who get approved for Social Security disability benefits will receive some amount of back pay.

Social Security will owe you back pay when.....

1.  You became disabled several months prior to filing an application for benefits, so benefits accumulated.

2.  You had to wait months (or years) for Social Security to decide your case or carry on appeals.

3.  Your disability lasted longer than mandatory 5-month waiting period for SSDI claims.

There is no SSDI payments for the first 5 full months of a claim, starting with the approved onset date.  For example, if you are found disabled as of 2/10/20, you will lose March through July to the waiting period.  Your first date eligible for a payment would be July. (This waiting period does not apply to Supplemental Income Security or SSI, which is a totally different program).

What is the maximum back pay possible?  There really is no maximum in terms of a dollar amount.  I have represented claimants with back pay of almost $100,000.  This is a large, unusual amount but most claimants receive some back pay.  Back pay of $15,000 to $40,000 is not uncommon at all.

SSDI claimants may receive retroactive payments for up to 12 months prior to filing their claim (assuming they were disabled for this entire period and not working). They get back payments for each month Social Security delays in processing and deciding their claim.

We always look for ways to get our clients the maximum back pay awards.  Back pay will also be tied to eligibility for Medicare coverage.  As a general rule, the further back your pay goes, the earlier your Medicare can begin.






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