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3 Factors Of Back Pay For Social Security Disability

Feb 17, 2019

North Carolina Social Security Disability Lawyers

Most of the time Social Security cases, the claimant will receive “back pay.” Backpay is a term that refers to the disability benefits that is owed to the claimant from when the application was first filed. The reason why the claims process involves backpay is simply because of the lengthy process of approving your claim. The three factors that determine how far back from which you will receive your benefits are: Application Date, Date of Disability, and the Five-Month Waiting Period.

 

1) Date of Disability

The most important factor in determining how far back you will receive your benefits is the date on which your disability began, known as the onset date. On the application for disability benefits, the claimant indicates when they believe that their disability began, known as the “alleged onset date” (AOD). When a claimant has been approved for benefits, the date on which the disability began is known as the “established onset date” (EOD). This date is set by the disability examiner or, if a hearing has been held, an administrative law judge. This is considered the date on which the disability actually began and is based on the claimant’s medical records and work history. Social Security Disability (SSD) claimants may be eligible for payments back to a 12-month retroactive period which depends on the EOD.

 

2) Application Date

When you file for SSD, an applicant can receive benefits back to the date of their application and may be eligible for benefits during the year prior to their date of application. This one year period before the date of application is known as the “retroactive period.”

 

If you have a “protective filing date” that is before the date that you filed, you may be eligible for disability benefits back to that date, as opposed to the application date.

 

3) Five-Month Waiting Period

SSDI claimants who have been approved with an EOD must wait five months for their benefits to begin. This means that if an examiner or judge finds that your EOD is eight months before your application date, you are entitled to 3 months of retroactive benefits.

What Is Social Security Disability Insurance

Mar 17, 2018

What Is Social Security Disability Insurance

North Carolina Social Security Disability Lawyers

The simple definition of Social Security Disability Insurance (SSDI): A government program that issues benefits to those people who have become disabled before they reach retirement age and are unable to work.

 

Eligibility:

Work Credits: To be eligible and receive Social Security Disability benefits, you must have earned a set number of work credits. An individual may earn up to four work credits per year.  Your age at the time you became disabled determines how many work credits you will need to qualify for SSDI benefits.

 

Medical Condition: you must also have a medical condition that meets the Social Security Administration’s (SSA) definition of a disability. Those who have the medical condition requirement are those with a long-term, severe, total disability.

Definition of Severe: This means that the extent of your condition interferes with your ability to perform basic work-related tasks.

Definition of Long-term: This means that your condition has lasted, or is expected to last, for at least one year.

Definition of Total disability: This means that you are not able to perform “substantial gainful activity” (SGA). Meaning, if you are unable to gain an income of $1,040 per month, the SSA will find that you are not able to perform SGA.

 

Approval: If the SSA approves you for disability benefits, you will not receive those benefits for five months. This means that if your claim is approved right away, you will start to receive benefits five months from the date of approval. Most claims can take months to a year for an approval, and when this happens, you will be credited backpay disability. Disability payments start on the sixth month after your disability began.

 

Denial: Most Social Security Disability claims are initially denied, an appeal of the decision may be made within 60 days of your receipt of the letter, request a review of the denial. To appeal the decision, the first level of appeal is the Request for Reconsideration, which is simply a request to have another claims examiner review your case. If you are subsequently denied, you may request a hearing with an SSA administrative law judge.