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.

Deanna

In reply to by Bobby (not verified)

Mon, 04/04/2016 - 16:41 Permalink

Hi Bobby,
No, an attorney can definitely not get paid more than $6,000. That attorney fee is outrageous and I believe that may be your full back pay, not just what the attorney is receiving.

Marilyn (not verified)
Mon, 04/04/2016 - 21:49 Permalink

Okay here's my question I was awarded fully favorable by Social Security judge to receive my disability my papers say but the claimants date last insured was June 30th 2013 it goes on to say that the claimant has not engage in substantial gainful activities since February 1st 2013, alleged onset date all set date, my first date of Ensure for disability was October 2011 and have not worked since then which up until this date which was June 30th 2013 per my lawyer says they owe me back pay call Social Security Administration office and it shows in the system that they do only money but has not released it. Now I understand that the lawyer has to get paid but my lawyer is paid back in December of this year 2016 and I have not yet received an award letter stating just how much I am to get even though it shows in the Social Security Administration system and amount of money that is due to me. Today I called the 1-800 number for Social Security disability because before I was talking to my local office which I happen to go inside to talk with someone and they could not understand why the money was not put into my account they checked every area and they said everything was clear I didn't owe anything to anyone and they did not understand what was the hold up since my lawyer was already paid back in the month of December going back to the phone call of the 1-800 number to the Social Security Administration I called them today which is April 4th 2016 and the lady did a little more investigation looking into her system and it shows that the lawyer was paid back in December but there was also a hole put on the money that was supposed to be released to me and then on top of that it's said that is up for review. My question is if there's nothing at all why would it be up for review or why would they have a hold on it for what reason. I'm trying to figure out am I due any money since I can't get a sensible answer from the 800 number nor my local social security office what is going on I do understand that it takes a few months but my lawyer was paid back in December I've been paid and now it's going into 90 days three months down the road so is there anyone that can help me with this issue, I've been worrying if they're going to give me the money or not I understand it's a quite a bit butt why would they have to go and review it again or even had it on hold in the very beginning why was not my payment lump sum payment released to me can anyone give me any idea thanks I have so many bills to catch up I really need this money asap, not that they care but my credit is in jeopardy waiting on this payment.

Bryan

In reply to by Marilyn (not verified)

Tue, 04/05/2016 - 13:24 Permalink

Hi Marilyn,
The SSA usually starts payments about five months after the date of your award, so if it has not been five months yet, you may still have some time to go before payment starts.

Lina (not verified)

In reply to by Bryan

Wed, 04/06/2016 - 00:02 Permalink

How long it takes to get my ssi pay ment and my back pay

Bryan

In reply to by Lina (not verified)

Wed, 04/06/2016 - 09:49 Permalink

Hi Lina,
SSI benefits usually take five months from the time you have been awarded benefits. back pay usually comes about four months after your regular SSI payments start.

Bobby (not verified)
Tue, 04/05/2016 - 11:57 Permalink

So I found out if you go to a federal court they can get more than 6,000 plz for give me for asking to many questions but I was thrown in to this situation and I have a problem with not knowing the situation I'm in ( makes me wanna know) anyway 2 weeks a go my wife's Brother received a letter stating all the back pay amount and from the dates which is 85,000 and the attorney situation has now been closed do you know how long it will be now or the next process? Thanks

Bobby (not verified)

In reply to by Bryan

Tue, 04/05/2016 - 13:21 Permalink

Bryan we do not get benefits we are a claimant of a deceased parent...we filled out the 1724 paperwork and they told us 30 to 60 day and we are over the 60 day mark! The attorney received paperwork showing the back pay and it was sent to my wife's Brother 2 weeks ago, state the years he would be paid and the amount and we also called and as of March 28th the attorneys part was closed out...So I get the fact it takes up to 4 months for back pay after you receive first benefit check is it the same amount of time if you get no benefit check and no ssi or workers comp?

Bryan

In reply to by Bobby (not verified)

Wed, 04/06/2016 - 12:06 Permalink

Hi Bobby,
If you're not receiving benefits now, currently, then you would have to wait for your benefits to be approved to receive back pay.

Bobby (not verified)
Tue, 04/05/2016 - 17:09 Permalink

Well today my wife called SSA so the lady sent a message to the payment center while she was on the phone to release the underpayment so I'm not sure what good that will do but just wanted everyone to know the status...This is the most messed up system I've ever seen...

Lina (not verified)
Tue, 04/05/2016 - 23:56 Permalink

Can u get pay ssi after u get ur back pay or both at the same time

Bobby (not verified)
Thu, 04/07/2016 - 14:42 Permalink

Ok so I gotta know is their a difference between a district Judge and a federal judge?? Apparently the attorney can get more money if the case went to a federal court but on SSA computer it says district Judge any information will be greatly appreciated...

Bryan

In reply to by Bobby (not verified)

Thu, 04/07/2016 - 15:17 Permalink

Hi Bobby,
I think your attorney may be talking about the Federal District Court stage of your appeal. I'm not sure what the difference between a Federal and District judge is.

Bobby (not verified)

In reply to by Bryan

Fri, 04/08/2016 - 00:29 Permalink

I don't have much knowledge about the attorney process but they took 21,000 from 85,000 back pay that's what the letter to the attorney said so if he wanted to charge a fees he would be paid out of that. I am not sure what he got but they closed that process very quickly I wouldn't think he would get that much money..Anyway it seems the last date they worked on it is March 28th not sure what's going on now..

Deanna

In reply to by Bobby (not verified)

Fri, 04/08/2016 - 09:41 Permalink

Hi Bobby,
That's very strange. Attorneys who work through the SSA typically only take no more than $6,000 of your back pay. Did you work with an advocate who was not affiliated with the SSA? And have you received your back pay yet?

Bobby (not verified)

In reply to by Deanna

Fri, 04/08/2016 - 11:31 Permalink

We have not received back pay yet first they said 30 to 60 days and now it has changed to within 90 days I am about to speak to Oklahoma representatives because this should be done...

Kay (not verified)
Fri, 04/08/2016 - 16:02 Permalink

Hi, I was diagnosed with MS 2003 continued working until 2011 when the company closed. I looked for work in the business field wih a
AS degree, no luck applied for disability. Now I have a Lawyer and we will see the Judge April 20th, 2016.
She is testifying for 2011 until now. My question is how will I get paid for backpay.

Bryan

In reply to by Kay (not verified)

Fri, 04/08/2016 - 16:53 Permalink

Hi Kay,
If you get awarded back pay, it generally comes four months after you get your first monthly check, in three installments, six months apart.

Bobby (not verified)
Mon, 04/11/2016 - 01:04 Permalink

So it's been 14 days since the attorney process has been closed out...You would think they would have a new entry or something in the computer..wouldn't you?? Any way I just wanted to update everyone that if you call the national line you will get different answers to your question...Arkansas is really bad about information I would avoid them at all costs they will just make you depressed...

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