SSDI length of time for back pay?

Submitted by Anonymous (not verified) on Sun, 11/18/2012 - 00:19

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.

Anonymous (not verified)
Thu, 11/05/2015 - 16:42 Permalink

I applied for ssdi and ssi Dec 2013. SS said I had to reapply. Which I did in May 2014. I was denied for both. I hired a lawyer and put in for a reconsideration. I was approved for ssdi Feb 2015.Denied for ssi, I recently started receiving my ssdi monthly payments May 2015. Which is my April payment. For those who dont know. The month you receive a payment. Thats for the pervious month. Social Security payments pays for the past month. Not the month your in.According to the Award letter. They approved me from Dec 2013. Which made my onset date June 2014 to Feb 2015. My question: How long do it take for ssdi back pay to come? The local office said 30-90days AFTER your first check. Have anyone else heard this? I know I have another 45days left for a full 90days. Yet 45 days is a long time. When you about to get moved out. NOT to mention not being able to work since Dec 2013

Lynn (not verified)
Thu, 11/05/2015 - 16:44 Permalink

Hi , I went in front of an ALJ on April 9th 2015 , got my fully favorable decision on May 12th , 2015. Have not received any money nor have I heard anything more from SSDI. I went to my local SS office ( because the guy on the 800 number told me " by me going there it would speed up the proceeds "). I gave the SS lady all my information again . She informed me I was denied SSI because I'll be getting to much from SSDI. ( I already new this )and It takes about 6 weeks from the day I received my FFD . I called today and the guy on the 800 number said there's nothings showing anything about amount I'll be receiving or when I should expect payment . He said if I don't hear anything by Friday to call back . Why would the lady at my local SS office be able to see this and not this man. Everything I called they tell me something different. How long does it take to recieve my monthly benifit and my back pay ? I'm going crazy because we are going to lose everything if I don't recieve something g soon.

D (not verified)
Thu, 11/05/2015 - 16:44 Permalink

Hi Lynn,
You should expect your first check to arrive in 90 days after your approval, so it is pretty common that the check hasn't come within the first month. Back pay is stated to arrive within 120 days, but this is extremely variable.

D (not verified)
Thu, 11/05/2015 - 16:45 Permalink

My husband and I are having a similar issue. My husband had a hearing February 21st 2015, originally he applied in December of 2011. On February 21st he was found fully favorable for SSD. It is now June 18th and we have received nothing. Every time we call we get the run around. The initial letter said to call in 45 days if we haven't heard from a caseworker, so we called at 45 days, the rep said they had no record of being approved, so we went directly TO the local disability office and they directed us to a nice man who asked for my pay stubs to see if we qualified for SSI. I raced home got them together and faxed them within an hour of leaving, that was April 24th. Every time we call the local offic they say they have no record of anything, yet when we go in we are told he was approved and the info is at the payment center. We have not received anything to know how much he will be getting, or any payments, or any back pay and no one seems to care. In fact last Friday June 12 my husband went back to the office and the lady said, and I quote, "well, I don't exactly feel bad at you cause it IS free money from the government." Clearly they don't care, so we have given up. It causes more stress to go there, so we mutually decided to just not call and maybe it will just "happen". I know that sounds dumb, but the money we have spent on gas alone getting there is just more stress... ~sigh~ it is good (meant in a nice way) to hear we are not crazy and other people are dealing with the same thing.

Ron (not verified)
Thu, 11/05/2015 - 16:45 Permalink

Hello. I was on SSI for 15 years. My benefits were wrongfully stopped 7 1/2 years ago, which made me homeless. I suffered during that period, including living 8 months in a closet and starving and then 18 months in a drug, bug, and criminal infested homeless shelter. I finally got my benefits back in June of 2012. I have received my regular benefits, but never a dime of my back pay and no one at the SSA offices will tell me what happened to that money. All they will do is ask if I have a lawyer. I leave messages for lawyers but none ever reply. A friend offered me a room to rent in his house in Florida until I got my back pay which would make it possible to move back home and start over. I'm stranded in Orlando since I never got the back pay, and am housebound because I cannot breathe out in the hot and humid weather. SSI is not nearly enough to pay for a place here to live. There is a lot more detail I've left out for brevity. Can anyone advise me what to do ?

D (not verified)
Thu, 11/05/2015 - 16:45 Permalink

Hi Ron,
I would recommend contacting an attorney, but the reason many of them haven't been too helpful is because you're already receiving back pay. When your payments were reinstated, were they for a new disability or because the SSA realized they made a mistake? If they were for a new disability (and if you had re-applied), you may not be entitled to back pay.

Ron (not verified)
Thu, 11/05/2015 - 16:45 Permalink

Thank you for the reply. I have kept a detailed record on this. I got my benefits back immediately after sending the adjudicator a letter for my file explaining that I had been on benefits for 15 years prior. My award letter stated that I was owed $6200 in back pay. Months went by and the money never appeared, so I started going into the office with my case worker and they gave me a dire need form to fill out. More months went by with no word then we went back to the office and out of the blue I was told that I was overpaid and wouldn't receive the backpay. It was the first I'd ever heard of that. They gave me a waiver form and a lady called me for a conference. She understood I was in a homeless shelter and needed the money to get out on my own again. She said she was trying to take the overpayment off but the system wasn't letting her. She asked is she couldn't take the overpayment off, if I would agree to taking $10 a month to pay it, which would get me my back pay. I would have said anything to get out of that shelter and I agreed. She said she'd call back the next day, but I never heard from her again nor the waiver. I called and called but she never called back. To get out of the shelter, I moved to FL. I went to the local SSA office the next day and the lady said I was owed more than $6400. I told her about the dire need and waiver applications and she asked if I had a lawyer. She said they'd were withholding 10% of my check and that they shouldn't because of the waiver application. No one will answer me about the applications and I can't get an attorney to call me back either. How do I get help?

D (not verified)
Thu, 11/05/2015 - 16:45 Permalink

Hi Ron,
I am very sorry to hear about this situation! It is unfortunately very complex and I am afraid that we can't be a lot of help to you. What I would recommend is to search disability advocates in Florida. Florida has dozens of organizations dedicated to getting people with disabilities the benefits they need. They can potentially set you up with an attorney, depending on the firm. I would look up "Disability resource florida" or "disability center florida."
I wish you the best of luck, and I am sorry that we cannot be more help.

Valerie (not verified)
Thu, 11/05/2015 - 16:49 Permalink

I had a back injury in February 2014. I did get workers compensation. I did go back to work then out in September 2014. I went to my doctor told them to take me off all restrictions so I can find a job. During this time last year I did file for ssdi and was told to work. My lawyer has refilled and now I have a court hearing for ssdi. Now I found a job may 2015. I hurt myself at work but I have to keep working. Question. Is there anything I can do besides quit my job while I wait for my hearing date.

D (not verified)
Thu, 11/05/2015 - 16:49 Permalink

Hi Valerie,
I know this is a very difficult situation that comes up for many SSDI applicants. I would strongly recommend not working, because if the SSA sees that you are working, they will most likely deny your claim. You cannot be making more than $1090 per month and still qualify for SSDI benefits.

Marci (not verified)
Thu, 11/05/2015 - 16:50 Permalink

Hello all I just have a question or two. I originally filed for SSDI in Sept 2013, but was denied because I was still working. I had a Stroke May 2013 so I re-applied in Oct 2014 when I medically retired from a Stroke in June 2014. Okay so I had my SSA exam in April 2015 was denied by my DDS examiner sent to Quality, return to my DDS for missing exams from the VA. I called on July 1st was told I was approved. So my question is when will the payments start and will I receive back pay? Thanks in advance

D (not verified)
Thu, 11/05/2015 - 16:50 Permalink

Hi Marci,
Your payments should start within the next three months. I am not sure how much in back pay you will receive, but here is my guess:
You will get 2 months of back pay due to your application taking 7 months to process. This will not be the full 7 months, because the SSA does not pay for the first 5 months of processing.
Then, you may be entitled to another 4 months of back pay, because you became disabled before your applied. This is called retroactive payments.
I hope this gives you an idea of what you could receive!

Melanie (not verified)
Thu, 11/05/2015 - 16:50 Permalink

I am in Virginia. I filed for my now 6yo son so I am not sure if it is SSI or SSDI, he has development delays. I filed in March of 2014. I had to go to my local SS office for any info and found out he was approved in April 2015, all they needed was my paystubs since March 2014 to determine the amount. I personally submitted my stubs at the local SS office in May. The person who is handling my case is also training, he informed me back in May. I have since been back to the office twice waiting to know what the monthly amount and back pay will be. The case worker has not been available because he is in training and I was told he has not submitted my paystub information. MY last visit another worker said he would call me and that was over a week ago. I want to know how I can get this last step completed I think I have waited PATIENTLY long enough. I also want to register a complaint, this is unfair and frustrating. The case worker told me that the back payments have to go into a special account for my son and the paper he gave me tells me what type of things it can be used for is ridiculous, for Special equipment or training only and the accounts are audited so keep my receipts. These monthly amounts if the process did not take a year and a half could be used for anything the child may have needed. What type of nonsense is that? I have no control on someone doing their job in a timely manner. Are there no federal guidelines governing this process with time frames?

D (not verified)
Thu, 11/05/2015 - 16:50 Permalink

Hi Melanie,
I am sorry to hear about all of the difficulties you've been having with getting your son's benefits! There is unfortunately not a lot more that you can do. You've been doing all you can by contacting the SSA consistently. Additionally, the paper he gave you about back pay is indeed correct. Back pay must be kept in a separate account, and it is only for your son's medical needs, not his day to day needs. You will need to save receipts for everything you buy with his benefits, as the SSA will check how you've been spending it every year.

Joel (not verified)
Thu, 11/05/2015 - 16:50 Permalink

Hey everyone I went to the last interview this past Monday to get my mom to be my rep payee. And two days later I checked the my social security account and I've seen that I got approved but I got confused. I called Social security to clarify wat happening cuz I was supposed to get the letter in the mail. Well, the agent told me that yes, that I got approved and that she can send me a letter so that my mom can open the bank account. The thing is I checked yesterday and online and it said that I have a payment coming on August 19 /15 and it said that the backpay was processed 7/21/15 which was a day after I went to the interview. So I checked online again today and I see another backpay and it saids 7/24/15.. I still cant open the account with my mom until I get the award letter,,I was going to print the one that I have in my social securtity but it doesn't say much. so I don't know. I gess Ill tomorrow, check the mail and see if I get anything in the mail and see if I am getting anything. my process was fast Thank God..I got approved at the reconcideration level.. But best wishes for you all and hope you guys figure out what it's happening with your checks... God bless you all..

D (not verified)
Thu, 11/05/2015 - 16:50 Permalink

Hi Joel,
Congratulations on getting approved at reconsideration! That is very uncommon. Back pay usually will not arrive for a while after it was processed. If it hasn't come by Monday I would contact the SSA, but I do not think it is something to be concerned about right now.

Bernard (not verified)
Thu, 11/05/2015 - 16:51 Permalink

I had my hearing in April and receive my First SSDI check in May. However, I were awarded back pay. It`s now Five (5) months later and i have yet receive my back payment. I have heard numerous excuse from the SSA: 1. I work in the Payment Processing Center and I am going to release the money. 2. I am going to have the money release to you on September 1, 2015. 3. It`s approve and you should receive it within 7 days. 4. I don`t know what`s hold up, I am going to email the processing center, and tell them to release the funds. 5. I am going to release the funds right now. 6. I am making notes to release the funds. 7. You should receive it 60-90 days after your receive your first check. 8. We are waiting for it to be sign and release. 9. I don`t seeing anything stopping it from being release. Can anyone assist me with this matter?

D (not verified)
Thu, 11/05/2015 - 16:51 Permalink

Hi Bernard,
I am sorry to hear about this! At least you have heard back from the SSA and can expect the back pay soon. They seem to know that there is a delay and they are working on the problem.

D (not verified)
Thu, 11/05/2015 - 16:51 Permalink

OK, To all of you who are reading this and confused by the 12 month thing. For SSDI, they will PAY retroactive benefits for up to 12 month PRIOR to APPLICATION DATE if you established date of disability onset (the day you claimed to become disabled on the application) is more than 17 months BEFORE the day you filed your application for SSDI, you will be entitled to 12 months of backpay PLUS the backpay for all the months SINCE your application date. For example. You become disabled January 1, 2013. You don't file for SSDI until January 1, 2015. You were approved on July 1, 2015. There is a 5 month NO PAY period for the first 5 months after disability onset, and they can only go back 12 months of PAY so you wont receive any benefits for JAN 2013- JAN 2014. Your 5 months of no pay started in January 2013, but you can't receive pay for the rest of the months of 2013 because of the 12 month rule. So you will receive back pay for the entire year of 2014, which brings you to your date of filing. Then they will add the months of JAN 2015-July 2015 to the back pay amount and that gives you the TOTAL amount of back pay allowed. 12months + all months after date of application if you became disabled at least 17 months before you filed. If you allege that you became disabled LESS than 17months before you file, your back pay will be less than 12 months. If your alleged onset date is the date of application then you will receive backpay from the date of application.

Dana (not verified)
Thu, 11/05/2015 - 16:51 Permalink

I filed for SSDI benefits in 2007. I was constantly denied until 2011. In 2011 I went into my local office to discuss my benefits that I would be receiving for myself and my children, I was asked if I wanted to have a have a hearing to determine if I was eligible for backpay. I gladly accepted and signed all the necessary paperwork. I didn't hear anything regarding the matter until May of 2015. I had honestly forgotten about it. Anyway, I was told that my paperwork was misplaced and asked if I still wanted to pursue the matter. I defiantly said yes. I had a hearing with a free legal aid paralegal as my representation on July 20,2015. We won a partially favorable decision. Apparently I didn't qualify for enemies until 2008 since that is when I last worked. I was greatul for the decision since I was in desperate need. I received the judge's decision in writing on August 5, 2015.The judge's decision states that I should be contacted within 60 days of the date of the letter. It has only been 6 weeks but my house is headed to forclosure very soon. I called my local office and the national call center to see if the matter could be expedited. I was informed that it could be if the circumstances were severe enough. I don't want to loose my home. Isthere anyone out there who can give me an estimate of how long it could take to receive my backpay if it is expedited and if it is not? I have not received an award letter as of yet. I have only received the judges decision. I was also told by my local office that they just sent the information to the Baltimore processing center. I live in Ohio. Thank you in advance for any information that you can provide.

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