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I'm attorney Corey Luedeman
with RSH Legal.
If you're seeking Social Security
Disability benefits, you probably
know that there is a delay in
processing Social Security claims.
Whether you are approved right away
for disability payments or need to go
through the appeals process,
it takes a while to be determined disabled
by the Social Security Administration.
This likely means that the SSA owes you
some back pay because of this delay
in being ruled disabled.
How much you receive in back pay
depends on when you filed your application
and when you became disabled.
It's calculated differently for Social
Security Disability Insurance benefits,
SSDI, and Supplemental Security
Income benefits, SSI.
If you are eligible for SSDI benefits,
the period of your back pay will
depend on two things.
First, the date you became disabled,
and two, the date you submitted your
application for benefits.
The date you became disabled is
important because you can receive
disability benefits starting in the sixth
month after you became disabled.
That means for the first 5 months,
you cannot receive any disability
benefits through the SSDI program.
Even if you apply immediately after
you are disabled and are approved
quickly, you will only begin to receive
monthly benefits starting the 6th month
after you became disabled, no matter
what you have for illnesses.
The date you apply for benefits is also
important because you can receive
SSDI back pay for up to one year
before your application date.
Here are an example - or some examples.
One, if you are disabled on January 1, 2018
and you apply for benefits on January
1, 2019, you will get back payments
starting the sixth month after you are
disabled, or from June 1 of 2018.
If you're disabled on January 1, 2018,
and you apply for benefits on January 1
of 2021, you'll get back payments starting
one year prior - from January 1, 2020.
As you can see, you can lose out on back
pay if you don't apply for SSDI
as soon as possible.
Calculating back pay is less complicated
if you are eligible for SSI benefits.
If you are ruled disabled and
eligible for SSI, then your back pay can
go back to the first of the month after
you submitted your application.
So if you are disabled on January 1, 2018
and you apply for benefits on January 1,
2021, you will get back payments
starting only from January 1, 2021.
If you've been approved for disability
and are owed back pay, the SSA will
usually provide this back pay in
one lump sum if it's SSDI, and
they deposit it directly into your
bank account.
If the back pay amount of SSI is more
than 3 times what the current maximum
monthly SSI amount would be,
the SSA will want to pay you in
3 installments - two equal payments
and then one payment of the final
amount owed.
If you need a large amount of money
right away, for instance to pay your
house payment or your car, talk to
a Social Security Disability attorney
to see if your installments can be
adjusted or the whole amount can
be paid out.
As you can see, back payment calculation
can be a complicated process.
An experienced disability lawyer will be
able to help you calculate how much
you are owed from the SSA.
If you have denied disability benefits,
we can help.
Call RSH Legal at 1-800-433-0283
and speak with one of our disability
attorneys today.
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