SSDI length of time for back pay?

Submitted by Anonymous (not verified) on

When I initially met with my attorney, I was told that back pay would go back one year from application, minus 5 months (I had already waited over 2 years to file because I was told I would have "full recovery" after my 2 fusion surgeries). I've received my acceptance letter but not my back pay yet, and during my search for more info on the process I came across a SSDI page stating that even if it takes 24 months for your claim to get approved, you can only receive pay for 12 months. Can anybody help clarify this for me please? Also, I have friends who received their back pay before or immediately after their approval letters (NY), but I've seen posts by people saying it took several months so I was wondering if there was a formula for when I can expect mine? I'm not looking to go on a spending spree, but I have a mortgage, car payment, property and school taxes, and children to feed and clothe as well as one in an expensive college. Thank you for taking the time to read this, and all input is appreciated.

Candy (not verified)
Sat, 10/28/2017 - 01:22 Permalink

Filed in Feb 2015 denied twice originally filed for onset date of November 2014 went to alj hearing oct 2017 turned “55” this year so alj is looking at basing disability onset date of August 2017 so if I’m understanding all this I will not get any backpay for the 35 months I’ve been unable to work ? Does this really happen and I was told it’ll be 4 months before I receive a written decision and then of course the “5” month waiting period ugh any input would be greatly appreciated

Bryan

In reply to by Candy (not verified)

Tue, 10/31/2017 - 09:53 Permalink

Hi Candy,
Yes, that may be the case if it's determined that you are ineligible for benefits. If you re-applied for benefits then you would only be eligible for benefits from the time of your application.

Candy (not verified)

In reply to by Bryan

Tue, 11/07/2017 - 01:58 Permalink

My original application was in July 2015 I filed on my own w/o Attorney then decided to try and find something I could do for employment so withdrew my claim. Wasn’t successful trying to get back to work so retained an attorney and they filed on my behalf in February 2016 when I was contacted by disability for phone interview they decided my last gainful employment date was November 2014 “they” entered that as my onset date since I wasn’t able to keep long term employment from that point. The Judge at my hearing was questioning why 2 different onset dates I tried to explain best I could se as I have here to you so my attorney believes the judge will rule a “partially favorable approval” but where does that put me as far as backpay and onset date? As I mentioned I turned “55” this year is that helpful or harmful to my case? Thank you for any light you can shine on my confusion.

Deanna

In reply to by Candy (not verified)

Tue, 11/07/2017 - 08:43 Permalink

Hi Candy,
I would stick with your original filing date and cite that you had unsuccessful work attempts. It's likely the judge will rule your date started in Feb 2016, which is frustrating but certainly better than not getting approved at all. 55 is definitely good for your case! The older you are, the less likely the SSA will think you can take on new careers.

Gloria Nowlin (not verified)
Sat, 10/28/2017 - 12:46 Permalink

How much back you get if your start in 2005 and it now 2017

Bryan

In reply to by Gloria Nowlin (not verified)

Tue, 10/31/2017 - 09:41 Permalink

Hi there,
You may be eligible for back pay from the time of your application if you were eligible for benefits at the time of your application.

jeffrey (not verified)
Sat, 11/04/2017 - 02:28 Permalink

I finally went to my hearing in july 2017. I have stage 4 COPD. the vocational rehab person told the judge i am unemployable due to having to have an oxygen tank all the time. Have not heard anything, my attorney says they have not heard anything yet. How long could i expect to wait to hear anything.Savings are low have about 5 mos cash left before i will be homeless.

jeffrey (not verified)

In reply to by Deanna

Mon, 11/06/2017 - 12:32 Permalink

thanks deanna..i've seen different lengths of time on most, but i guess i have no choice but to wait, hope i get some income soon.. ty

Anonymous (not verified)
Sat, 11/04/2017 - 02:59 Permalink

I became sick in 2010..tried to go back to work but they finally medically retired me..my job contract states if im off after 365 days..i had to file for ssd...i did..got denied..appealed it...won in federal court july 2016..went back to court jan 2017...my laeyers didnt have i certain paper...so she postponed until sept 2017...it was quick..my lawyer told me before i left that i won...its nov 3rd...how long will it take to get anything??..a monthly chevk?...i was told by the first lawyers i had that im entitled to my back pay...with reading everyones question and answers..i know now i may not get anything til after the holidays...these last 7 and 1/2 years has been brutal..a real struggle...robbing peter to pay paul...kids have gotten bigger...expenses is greater...i have worked my whole life...i paid into it...and theyre treating it as tho its coming out of their pockets snd bank accounts...something needs to be done on how they handle things...last year i almost died...was in ICU for 6 days and i feel everything ive been through...ill die before i see anything...a letter..back pay(if entitled)...my first payment...is that what theyre thinkin...prolong the ppl money in hopes they would die???..from the beginning they take it from you weekly...when you need it...you got to go through hell and high water to prove to those judges that you are disable...then they take their time giving whats owe to you.....ridiculous....

Deanna

In reply to by Anonymous (not verified)

Mon, 11/06/2017 - 11:16 Permalink

Hi there,
I am very sorry to hear that. It can take up to four months to hear back from the judge regarding your claim, so try to hang in there! The good news is that it sounds like you probably won your claim.

Phillip (not verified)
Sun, 11/05/2017 - 05:15 Permalink

I got my decision Tuesday the last week of October fully favorable l was approved back in June on Saturday December 4TH l got a check for 6000 dollars no letter l don't understand is this my back pay

Anonymous (not verified)
Wed, 11/08/2017 - 17:02 Permalink

Can you still get ssi back pay, if in my award letter I was denied back pay, can I hire a lawyer to go back and help me get it. It's been about 4 or5 since I started receiving ssi monthly payments.

Megan (not verified)
Sun, 11/12/2017 - 17:46 Permalink

So update. I am eligible for bk pay but they only can go back 4 yrs or I would have gotten the 13 yrs im actually due. I asked where all the rest of bk pay goes that I won't receive she said "well I guess it will just sit there" nice. Smh.

Valerie (not verified)
Mon, 11/13/2017 - 16:43 Permalink

Quick question guys im so confused. I went to my hearing and got approved right then and there. My attorney said to just a month or so to receive my approval letter .. I did already . Now I'm all waiting for is notice of award . How long can it take to receive it.?

Add new comment

Find Out If I Qualify for Benefits!