Social Security often pays "back pay," which is benefits that accrue while they deliberate and investigate your claim. Some claimants receive thousands of dollars--or tens of thousands of dollars--in back pay when their claim finally settles.
There are several factors that control how much back pay you will get:
1. The First factor is disability onset date. Social Security will determine when your disability began (the onset date) and will pay back to that date (but not more than 12 months prior to the application date). Also, while the claimant waits on Social Security to slowly grind its way toward a decision, a monthly payment accrues for each month of waiting.
2. The Second Factor is the application date. Social Security can pay "backwards" up to 12 months prior to the date of the application. For example, if your application was filed on June 1, 2020--benefits can go back as far as June 1, 2019.
3. The third factor is medical evidence. Social Security will require objective medical evidence that establishes the date that disability began. It's important to have evidence that proves when you became disabled, not just that you are disabled.
4. The fourth factor is - the date the claimant last worked. Social Security will not play a benefit for any month in which the claimant worked at "Substantial Gainful Activity" or "SGA." That is defined by the amount of gross wages earned in each month. In 2020, a person is working at SGA level if he/she earns wages (or self employment income) of at least $1,310 per month. In 2020, that amount was $1,260. So, in 2021, a claimant can't get a benefit for any month in which he earned at least $1,310.
Social Security often disagrees with claimants concerning the onset date of disability. The agency will often move the onset date forward, which reduces the claimant's back pay.
If a claimant disagrees with the onset date, can it be appealed? Yes. The issue can be taken to court before an administrative law judge, who will make a final decision on whether the onset date is correct, as supported by the evidence. One word of caution when appealing onset dates is in order. When this appeal is filed, the entire case goes back under review by the judge. The judge may issue one of 3 decisions:
1. A decision that is more favorable to you than the previous decision.
2. A decision that is less favorable to you than the previous decision.
3. A decision that is the same as the previous decision.
Is it possible that a judge looks at your appeal of the onset date and makes a ruling that no benefit is due and take away everything? Yes, that is possible. The entire decision is under review. Is that likely? Probably not, but certainly we have to admit that it could happen.
Should you appeal an onset date which stripped you of back pay? The answer to that should come out of a long and careful consultation with your legal counsel. Your attorney/representative should analyze the strengths and weaknesses of your case and help you decide whether an appeal is wise. There must be an evaluation of evidence which supports your position for an earlier onset date.
Finally, does an appeal stop the benefits that Social Security has already approved? No. The benefits approved under the original decision are paid pending the outcome of the appeal. After the judge has rendered a new decision on the appeal, benefits will be paid according to the new decision.
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