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WHO GETS BACK PAY FROM SOCIAL SECURITY?

Social Security disability claims often result in back pay or past due benefits.  Back pay may occur for 2 reasons:

1.  The claimant became disabled up to 12 months before filing the application for benefits.  In this case, he may collect 12 months of benefits as back pay.

2.  Additional back pay may accumulate while waiting on Social Security to make a decision.  Especially in cases involving appeals, it may take a year or two to get a decision  Thus, Social Security may pay a month of benefits for each month the claimant waited on a decision or disposition.  

Back pay begins on the date of disability (the "onset date") and will be reduced by a full 5 months due to the waiting period for Title 2 claims (SSDI). Back pay may only "go back" to 12 months prior to the application date.  However, back pay may accumulate for any length of time "going foward"--after the application date--as the claimant waits for Social Security to process the claim and make a decision.

How Much Will Back Pay Be?

Back pay depends primarily on four things:

A.  When did your disability begin, as determined by Social Security.  This is called the "onset date" or "established onset date."

B.  When did you last work at substantial gainful activity?  You cannot be found disabled while you were still working.

C.  When did you file your application for benefits?  A claim can "pay back" up to 12 months before the application was filed.

D.  How long did it take Social Security to award benefits?  The longer you had to wait, the more potential back pay there will be.  So, potentially, a claimant who waited 24 months to get a favorable decision from Social Security will have more back pay than a claimant who waited 8 months.

Decision makers at Social Security will often try to minimize back pay.  They do this by setting an onset date which is far later than the true onset of disability.  The best protection here is to have your attorney evaluate your onset date and fight for the correct date using medical and vocational evidence.

One of the responsibilities of your Social Security attorney is to figure out when your disability began (onset date), according to the medical evidence.  Your attorney will always try to configure your claim to get the maximum payment available under the regulations.  In many cases, back pay can total tens of thousands of dollars!  Back pay usually comes as a one-lump-sum payment, paid at the end of the claim or appeals.

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The Forsythe Firm in Huntsville, AL works with our clients to secure the maximum benefit possible, including maximum back pay.  Don't get short changed.  Call for a free consultation.  (256) 799-0297 or (256) 503-8151.


Social Security decision makers often try to minimize back pay by setting an onset date for disability that is much later than your real onset date.  Your attorney will realize this and know how to counteract it.  This can get you thousands more dollars in back pay!


 

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