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can the irs take all ssdi back pay ?
Monthly SSDI benefits are may not be garnishable.
If I wasn't approved for ssdi when I filed in 2011 and was never offered SSI, but now now reapplied for SSI through my mental health doctor. Is the a chance they would have to pay back payment since 2011? If approved for regular SSI?? Sorry I'm confused. Thanks
The may not award back pay for prior applications.
Do you get back pay for SSI, is it the same as ssdi back pay?? Thanks
Yes, you may be able to get back pay for SSI, but it is paid in installments rather than being paid as a lump sum.
I filed for disability in 2013 my lawyer at time wouldn't go to federal court w me so I got new lawyer an he had me to file with social security again so does that mean I won't get my back pay from 2013 when I frist filed
That may be the case, as back pay is paid based on the established onset date (EOD), rather than the date of application.
Filed 2011 tecieved chek match 2016 only recieved 2ckecks 1. Fot 2500 1 for 1200 shouldnt it be mote. How do i find out
You may want to contact the SSA regarding your claim, you can do so by going to www.ssa.gov
Hi how long do you have to wait for back pay I was approved in sept had a appt to go to the office since Oct 14 they sent me a letter Nov 8 about my payment but . I still didn't get nothing
Back pay generally takes about five month from the time you start receiving monthly benefits.
I was awarded ssi and ssdi back pay from the onset date of my application and my child was also awarded back pay for auxiliary benefits from my onset date. Social Security has witheld back pay from my childs back pay and mines together totaling 20,000 with no prior overpayment letter ever being sent to either of us and no detailed explanation of how they came to this conclusion other than they think they overpaid us too much ssi. I have never applied for, nor received ssi nor rsdi in my life and had no incoming income of any kind nor did I or do I now have an overpayment of any kind. However my child was receiving ssi benefits for his disability during my waiting period and years before my disability and application for benefits. Social Security refused to accept my appeal for disagreement and request for explanation and hasn't even considered looking into it. My question is to you, if you can answer at all is, what could possibly give them the right to refuse my child and my right to appeal with no letter of over payment, no detailed explanation of dates, amounts and how they are stating an overpayment occurred other than to both my child and me that they think they paid us too much and therefore kept the amount stated above. More so than anything I find puzzling at this time is why do they feel it ok to exclude us of our right to appeal when they state we have that right even if we just want to know, because we don't understand. This will be an ongoing journey if I never find out from them the truth of the matter at least until I believe I have made it known enough that I feel satisfied that possibly my doing so may help someone else who is currently or may become to be in a similar situation. Thank you P.S my child had no over payments either and I have the majority of his payment statements, practically all. My eligibility for social security made us both become ineligible for ssi benefits. Social Security did not even keep my child eligible for the one dollar that they stated that they do so an individual can keep their medicaid. My onset date and application date are the same.
Your child may have been receiving presumptive disability, which would mean that the SSA would be able to withold back pay if you were awarded it. You can find some more information about that here:
I was approved for Social Security Disability in July 2016. I started receiving monthly benefits in October and received my first monthly check in November. Still awaiting back pay and it is now December. I was told it was sent for Payment in October and I still haven't received backpay and when I talk to anyone at the Social Security office they tell us something different each time. This is very frustrating. Anyone have any suggestions on how I can find out why i havent received backpay?
Back pay is generally paid out about four months after you start benefits, so you may receive yours in February of next year.
Your story sounds EXACTLY like mine. I get a whole new different story every time I talk to Social Security. Even in this thread, the person who is now telling everyone it generally takes five months after recieving your first monthly payment to receive your back pay was telling everyone FOUR MONTHS earlier in rhis thread.
I'm sorry for the confusion. Back pay generally takes around four months after you start receiving benefits to be sent to you, regardless of benefits program, and with SSDI there is an additional five month waiting period after being awarded benefits that you'd have to wait.
If you were already receiving payments from social security and they stoped do to reconsideration how long does it take to start receiving benefits after you are approved
If you're receiving benefits based on the same disability benefit, such as SSI or SSDI, then you may receive those benefits again the next month after your benefits are re-started.
I have been getting my payments. I got half of my back pay and that was almost 6 months ago. How much longer will it be before I get the rest of it.
You may be receiving it soon if you're getting SSI benefits, they pay out back pay in installments for SSI recipients.
I start getting my widows check in January 2017 they told me I would get 1,405 a month and told me they owed me over 25,000 back pay. How long does this take? I'm very ill myself and can't get on Medicaid my meds. are to expensive for me to get. And I have. custody of two of my grandchildren for 14 years now. Can they be added to my widows disability case? Thank you
I am expecting a rather large back payment from disability. I have received my first 2 monthly checks but no back pay. Any info on when I can expect to receive my back pay would be GREATLY appreciated. I talked to someone at the office that said their 60 day time to have it to me is January 14, but I am just curious if I should expect to receive it by then. ..??? Thanks!
Generally, there is a four month waiting period after receiving monthly benefits before your lump sum is sent to you.
i was awarded ssi and ssdi. they are going to take my ssdi backpay in missouri what percent can they take?
I really could not say, as I do not know the details of Missouri law enough to know what you would be required to pay.
Hey they told me that I know some in 5week at I took a test an having heard nothing. I ask the tester would I get it he told me it looks like a good picture what ever that means
I really couldn't say because I don't know the details of your case.
I applied Aug 2008 kept loosing went to federal court won came back to alj and won again than found Fully favorable jan 21 2016 was getting SSD and SSI but i was suppose to get Child disability benefits which took almost a year to get them to give me which was done finally Dec 24 2016 i no longer get the SSI but get SSD & Survivors but still no back pay i was award on my my AOD as my EOD as well March 2 2006 even tho i applied in Aug 2008 , I had at one point as a Minor child got auxiliary Benefits which stop on July 2005 , Long wait i have been fighting this entire time what i am trying to find out how long will it take them to give me my Retroactive Pay , I waited long enough Can someone help ?
Hi there Darrnell,
If you're owed back pay, it generally takes about four months after you start receiving monthly benefits for the SSA to send your back pay.
I have a back injury that I got from my job it's been a long time that I suffered with this pain it has made my life miserable) I Have Diabetes Type 2 neuropathy and severe feet damage and both feet I have lost jobs because of this I am in constant pain all the time it's getting hard for me to walk I have no balance from my waist on down) I got turned down the first time for my disability and I got turned down the second time) now I have to go to court and go to see a judge for my court date my lawyer told me it would take 4 to 6 months or up to a year before I get a letter from the judge to appear in court)
I will be in a wheelchair way before that
I have done everything that I can do)
And honestly I really don't know if they took my case I will probably be in a wheelchair way before that ) so my question is when will I get back pay for my suffering
I'm sorry to hear about that! It generally takes about nine months from the time you're awarded benefits to receive back pay.
i was awarded my disability by a judge on video back in oct 2016 my advocate got her share two weeks ago when should i expect my back pay
It takes about five months after approval to start receiving monthly benefits, and four months after that to receive back pay.
Question: I was approved for ssi and ssdi on June 2015 and I am confused why I did not receive any back pay from my ssdi why? My ex who never worked a day in his life got back pay from both ssi and ssdi why?
Back pay depends upon the type of disability benefits an applicant is entitled to receive, the date they became disabled i.e. the onset date of disability, the date they filed their application, and how long it takes Social Security to approve them for disability. I would reach out to the SSA: https://www.ssa.gov for further questions regarding this subject.
draw SSDI. My child was born almost 5 years ago. I called SS and answered question about my child upon birth. I assumed my child was getting their dependent pay with my check. I only recently found out that was incorrect. I have no proof I called SS that many years ago. Do they lose their back pay. SS says they will only pay 12 months. Seems so unfair! With military and PTSD, I have not been myself for along time. Is there anything that can be done?? Please help!
I am so sorry to hear about that. Your child may not have been eligible at the time depending on what types of benefits you received then. I would recommend reaching out to the SSA for further questions regarding this issue.
If you have not received a separate payment for your child's benefits, that means that they did not receive a benefit. If you're on SSI, your child may not be eligible for a benefit as auxiliary benefits are not offered with SSI.
I was awarded ssdi back on Oct. 28 for a favorable decision. I then received on Dec 12th the actual award letter, & how far back I would receive benefits. There still has not been any calculations of my back pay done yet. Nor have I received any back pays as of today. My monthly benefits have started this month. Every time I call to inquire i'm told different stories. They owe me from all the way back of Dec.2013-Dec.2016 i'm told that's why it's taking so long. Due to the nature of the large amount owed. Is this true, & how much longer should it take before I receive back pay? My lawyer has already been paid.
It generally takes about four months from the time you start receiving monthly benefits for the SSA to send back pay.
Is it true that ppl can recieve bk pay before monthly payments?
No, back pay is usually paid out four months after you start monthly benefits.
Yes they can. From personal experience. I received my back pay for 3.5 years 2 month and 3 days after my hearing. I just got my award letter last week (3 months later) and my regular payments are set to begin 5/3/17. I think EVERYTHING is case by case as it relates to SSDI and SSI for that matter. Believe it or not, it also depends on who you talk to. I gets nothing accomplished through the 800 number so I sit 2 hours in my local office and handle my business as needed. I applied for my children the minute I got my back pay and the rep processed and approved their Auxiliary application right there and there back pay was in my account 9 days later. Hope this helps.
Thanks for sharing that! It's true that times can vary wildly, and one of the best ways to get in touch with a representative is to call the local office. In fact, we have a listing of them here:
Hi I've posted here before, but got some more questions.. I live in northern California and I'm waiting for a hearing date.. me and my attorny filed for hearing 2/17/16 so it's been almost a year waiting.. anyone that has had there hearing in sacramento ca, how long did they actually wait b4 they got there hearing date.. I'm just stressing and the anxiety is not helping either. I've been denied twice already. This is like my third time I've applied the first 2 times I was denied 2 timessage and never further persued it bc I wasn't really seeing a doctor reregularly and didn't have a attorny that time either. Now this time I have alot of medical proof and as well as my doctor sent in a letter stating that I cannot work full time 8hrs a day 52 weeks a year, and if I was to work at all I'd need extra breaks.. basically my question are if anyone has any idea how much longer I will have to wait.. and from my other post (think it's number 46 or 47) do you think I will be approved.. my application date is 6/19/15 and my onset date is 7/5/13.. someone please give me good news.. oh one more thing, has anyone used disability action advocates as there representation..