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.

Don (not verified)
Thu, 11/05/2015 - 16:31 Permalink

I began receiving SSDI benefits 3 years ago. I'm a single parent and taking morphine to function. I'm in a cloud sometimes, but we do O.K. Usually. I didn't realize my child was eligible for benefits also when I applied. Must be the meds, but I totally missed it! We have an appointment with Social Security next week to complete her application. My question is will we be able to get back pay or retroactive pay back to that time period? What should we expect? I appreciate any help or advice you can provide.

Igg (not verified)
Thu, 11/05/2015 - 16:31 Permalink

Hi Don, thank you for your question. Your dependent child can typically receive up to 50% of your total SSDI benefits. The family limit is 150-180% of the total SSDI rewarded to you, as the disabled individual. Back pay could also be awarded to your child going back to your EOD of disability. If you'd like to read more about dependent and auxiliary benefits visit our Auxiliary Benefits page.

TJ (not verified)
Thu, 11/05/2015 - 16:32 Permalink

I was told by a rep from SSA that a decision was made on 08/27/2014 but my letter had not been mailed yet. However in the mean time I started My Social Security account online today and there is no information what so ever. I have received full coverage Medicaid benefits so I contacted the department of Social Services and ask about because I had not received anything from SSA. I was told that she received a letter stating that I was found disabled being that I received full coverage medicaid I am assuming it is SSI. When will i know or receive my letter or be posted on my online account?

Igg (not verified)
Thu, 11/05/2015 - 16:32 Permalink

Hi TJ, I cannot tell you for sure when they will let you know about your benefits. However, if they made a decision, then you should check your status often and try calling the SSA to confirm the decision at 1-800-772-1213. Best of luck!

Rick (not verified)
Thu, 11/05/2015 - 16:32 Permalink

I had filed for disability in 2007, and was denied while i was waiting for any answer I became homeless and had to move, I contacted them multiple times they had no updates then the only one i get is a appeal notice that expired the day before i recieved it by mail and they said that i had to refile my whole case because of a 3 day difference between filing an appeal on said decision regardless of circumstances. I did so even though it seemed unfair, I again was told of process of doctors,and exams, I would be in for. I went again to the their doctor that had done mine previously, He was flustered with them. His prior reports were that my condition would only deteriorate if i continued any work. As it had because i had tried to survive an supply my famiies needs. After another 23 months of delays, courts, doctors. I obtained a lawyer 2 wks before my judge. I was at the court building and my attourney calls to say that we won. (2011) That i had to agree to onset date of last day i worked which was not even a 2 month job,(2010) because i wasnt able to perform it. Then comes the settlement and i agreed to a specific amount, after 2payments i recieve a letter saying that i wouldnt recieve the last payment because now it was SSI an they dont pay 6 months of a year. Plus my monthly payments would be recalculated an I was going to recieve less than projected. Because my spouses wages, exc... were now a factor. My children recieved 3$ a month an my spouse lost her job that winter. We reported it as instructed. My children started getting 2 $More now 5$monthly an i recieved 0$ more. How is this possible??

Igg (not verified)
Thu, 11/05/2015 - 16:33 Permalink

Hi Rick, thank you for your question and i'm sorry to hear about your situation. There is a family cap of monthly disability payments that is generally 150-180% of your payment amount, including your payment. Depending on how much you receive in payments and how much your children receive, you could have reached that limit. I'd suggest calling your local SSA office for more details as they will have more information regarding your case.

LaTorra Cotton (not verified)
Thu, 11/05/2015 - 16:33 Permalink

Do social security disability back pay for your doctors visits

Igg (not verified)
Thu, 11/05/2015 - 16:33 Permalink

Hi LaTora, back payments are given by the Social Security Administration because the benefits process can be lengthy and it's meant as a reimbursement. You could certainly use the back payments you receive to pay for doctor's visits if you'd like. Please feel free to read more about back payments at our Social Security Back Pay page.

Nikki (not verified)
Thu, 11/05/2015 - 16:33 Permalink

Hi, I had to go before the ALJ on 09/04/2014 for an appeals hearing on my disability case. During this hearing, the judge stated that she was approving my disability. She mentioned to my attorney that she did not need the 3 additional pieces of evidence that he had requested an extension on, and that it would only delay my benefits and she said she would like to see them get started as soon as possible. She stated that the decision was going to have to go to a "decision writer" and that would take a little bit of time, and after that I would receive my award letter and benefits will start. The problem is, she did not state how much time this would take. I called my local social security office, and the lady did not even take my name, she simply said that there would be no way that she would already know anything on my case, and that I would know before she would. How is it possible for me to know before the social security office about my benefits? Any suggestions as to how long I will have to wait? I am in SW Missouri. Thank you in advance for any information you can offer.

Igg (not verified)
Thu, 11/05/2015 - 16:33 Permalink

Hi Nikki, thank you for your question. We are not affiliated with the SSA, so I won't be able to give you an exact answer. The decision and wait time can definitely vary from case to case and you could wait 6+ weeks. I would suggest calling and checking in again with your local Social Security office for more information. Best of luck.

Dwayne (not verified)
Thu, 11/05/2015 - 16:34 Permalink

Hello to all applying. I applied for disability back in February 2012 and went all the way to the Administrative Law Judge and was again denied. I filed the appeal immediate after the denial letter and waited months. As of September,30,2014 I received a phone call from a woman who worked at the Appeal Center around 8:00 pm. She asked several questions and i responded. She approved me claim and labeled it "critical" What does that mean. Does that expedite my case? How long does it normally take once your in that status to receive benefits.

Anonymous (not verified)
Thu, 11/05/2015 - 16:34 Permalink

Hi Dwayne, thank you for reaching out. Typically, critical disability cases include compassionate allowances, terminal illnesses, dire need cases, etc. You can find the Critical Case Procedures on the SSA's website. This means that your case will be treated in a more timely manner. It could normally take a few months to over a year to receive your benefits, and in a critical cases, you will receive them quicker.

David (not verified)
Thu, 11/05/2015 - 16:34 Permalink

I received a fully favorable decision for injury SSD on 8/27/14. I received a one time payment for 31240. but my math doesn't work with theirs. I was told you get paid from time of onset date minus 5 months, mine is 19 months, I have a son and wife, son is 11, wife has MS and has been on ssd for 7 years now, did they maybe deduct my wife and son right out of my back pay? On there web site it shows how they came up with the amount, still doesn't work even with attorney fee removed. I was told they will take my "high One" to get my SSD rate, that is 77290, Highest average from 5 years prior to onset date, that was a good year my 5 year average was 64000. I was expecting a lot more back pay, any help or info would be greatly appreciated, Thank You David J

Igg (not verified)
Thu, 11/05/2015 - 16:34 Permalink

Hi David, thank you for reaching out and i'm sorry to hear about your confusion. If you want a more precise answer, i'd suggest contacting the SSA directly about your situation at 1-800-772-1213, or, if you had legal representation, contact your attorney.

Torry (not verified)
Thu, 11/05/2015 - 16:34 Permalink

Please help anyone! I believed I am approved. I filed 5/2012 and denied and initial stage and reconsideration stage. I had my hearing in which the VE said I am unable to work all of the Judges hypotheticals. After the hearing I received a letter from the ALJ saying he proposed some additional medical evidence be entered and that I can send additional Doctor's statements and I can request a supplemental hearing and he will grant it unless he can find me FULLY FAVORABLE with what I provide. I reviewed everything and realized my medical records were incomplete so I had my Doctor write a letter addressing all of my concerns and I am assuming the Judges as well. Well I called today to check of the status and the man told me my case was closed and I asked of the ruling and of course he couldn't say but he said I should be receiving a letter soon within the next couple of weeks. So based off of the letter of the supplemental hearing it was either Fully Favorable or I am going to a hearing. Am I understanding this correctly? Thanks

Igg (not verified)
Thu, 11/05/2015 - 16:35 Permalink

Hi Torry, I believe that you are understanding that right. Wait until you receive your letter and go from there. Best of luck!

Jason (not verified)
Thu, 11/05/2015 - 16:35 Permalink

I had my hearing on Oct. 2nd. I am a disabled vet, did not know I could apply for Ssd until March of this year. I was expecting a LONG wait. For some reason I got denied at first, then had my attorney take over, next thing you know I had a hearing date of Oct 2nd. Less than 6 months I had to wait, as I have seen many waiting years. MY onset date was June of 2011, I'VE been getting my VA benefits starting August last year. My question is, I was told it goes back 12 months from the application date, and I'VE waited the five months already from my date applied. I have 3 children and married. What should I expect next, the judge asked for tax returns from 11/12 (yrs) which we owned our own business before I couldn't work. WILL owning our business, which we closed last year as I couldn't work it, and we also were Foster parents she (the ALJ ) asked for the pay we got for being Foster parents. I sent that all in, now what happens next, I cannot log in to the ssa page, it days it doesn't match with experian....So, what should I expect as far as past or Retro pay since I became disabled in 2011, But didn't file until this year in March, also, do I get paid for my wife and kids or is that separate? THIRD my attorney said as soon as the judge sends the paper work over, it will begin processing.. so I assume the judge decides what you get it how far back (according to my attorney It can only go back 1 year prior and not back to my disability date) I was injured in the military, But became disabled as a Medic in 2011...ANSWER would be appreciated. Thank you. JT

Igg (not verified)
Thu, 11/05/2015 - 16:35 Permalink

Hi Jason, thank you for reaching out to us. As this is a very specific situation and your lawyer has been handling your case, i'd suggest contacting him or her with these questions for a more accurate answer. Or i'd contact the SSA at 1-800-772-1213

Anonymous (not verified)
Thu, 11/05/2015 - 16:35 Permalink

I was approved Aug 1, 2014 and received my first check in October, but my lawyer has still not been paid and I have no received my backpay which is over 2 years. I am being evicted. I can not get food stamps because I have a court order for child support however my ex never pays. I have been living off credit cards but they are all maxed out. I call every week and am told I will get it in 2 weeks. This has been going on since September. I am getting monthly but I cant catch up on the 2.5 years bills I have. Has anyone else had a problem with baypay for SSDI? My lawyer gets the same answer 2 weeks. I also go to the office and hear same thing. Last time they told me to write congress. I feel ill be dead and the money wont be here.

D (not verified)
Thu, 11/05/2015 - 16:35 Permalink

Hi there, Backpay will only cover 1 year prior to your application for SSDI benefits. The time between your approval date and time until you receive your back pay can vary greatly. You've already been taking the right steps by contacting your SSA representative. There is not a lot more you can do other than wait. Best of luck.

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