Skip to main content

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.

_________

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!


 

Comments

Post a Comment

Popular posts from this blog

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...
Post a Comment
Read more

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...
Post a Comment
Read more

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...
Post a Comment
Read more