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.

Lyndy (not verified)

In reply to by Bryan

Thu, 04/28/2016 - 20:18 Permalink

Thank you thank you thank you

Bobby (not verified)

In reply to by Lyndy (not verified)

Tue, 05/17/2016 - 11:07 Permalink

Lyndy the attorney can ask for whatever he wants up to 25% it does not mean he will get it but it will be over 6,000 and no they won't ask you if you agree with the attorney fee he will get what the ssa wants to give him/her after you have been paid then you can appeal his money after you get your letter you have 60 days to appeal what they gave him/her..

The?guy (not verified)
Thu, 04/21/2016 - 09:22 Permalink

PLEASE HELP
Ok so my wife has a backpay being processed and no shes not getting any monthly benefits was just denied twice and went to the office found out there was a check floating around that has been sent multiple times to an old address now that we talked to SS they asked if we wanted it direct deposit which will be faster to do have it in 4-10 days so we waited couple days now they say it's being processed?? Idk how long does that take please help??

Bryan

In reply to by The?guy (not verified)

Thu, 04/21/2016 - 09:37 Permalink

Hi there,
I would not be able to say as this seems to be a special case, the SSA generally sends backpay checks about four months after you start receiving benefits. If the money does not show up in that 4-10 days I would contact the SSA to follow up.

Mandy's (not verified)
Thu, 04/21/2016 - 19:18 Permalink

I have aprove disability. Now my insurance want to the alj to apeal the retro payments. But the lawyer say the is posible for me to lose my benefits. I have 2 years in disability. And i dont not what to do.

Deanna

In reply to by Mandy's (not verified)

Tue, 04/26/2016 - 13:17 Permalink

Hi Mandy,
I am sorry to hear that! I have never heard of that before. I would recommend taking whatever action your attorney recommends. He/she will know what's best for you.

lyndy (not verified)
Wed, 04/27/2016 - 00:30 Permalink

I have many questions hopefully someone can help me every time I try to find out what's going on I get hung up on or lied to
I applied for ssdi in October of 2009 I applied for ssi in October of 2010 I was just approved in February of 2016 I was approved for both ssi and ssdi the judge set my date of onset in October of 2002 how far back will my back pay go I have already received one check for ssi back pay but every time I try to find out what's going on with my ssdi claim I get hung up on so I went to the office yesterday and they told me they didn't have any record of anything from my ssdi no record of me applying in 09 no record of federal judges decision messing with someone in that way after they have waited for 7 + yrs to get approved isn't funny they told me to bring them proof of the court documents really??? One of my biggest questions is my attorney is trying to take 25% of my back pay that's around 30 thousand dollars and he didn't do his job hence the process taking over 7 years at my alj hearing he didn't say a one single word in my defense among many other things he didn't do once my case went to federal courts I had to have another attorney come on to my case the second attorney was awesome he got me approved by the federal judge and that doesn't happen often usually it's remanded back somewhere or denied how do I stop this attorney from taking something he didn't earn I have no problem paying the second attorney but the first attorney did nothing for me I have lived in severe poverty with two kids during the whole process because of dereliction of duty by the first attorney if you have any information I would greatly appreciate your help

Bryan

In reply to by lyndy (not verified)

Wed, 04/27/2016 - 12:39 Permalink

Hi Lyndy,
I'm sorry to hear about that! Back pay generally applies to a maximum of 12 months back from the date of your application. Regarding your lawyer's fee, that fee is paid from the SSA to your lawyer, and they negotiate that fee between themselves. Generally lawyers are only allowed to take a maximum of 6,000 dollars.

Joshua (not verified)
Mon, 05/02/2016 - 11:31 Permalink

I've been receiving ssi and I just got approved for disability do I still get back pay

Deanna

In reply to by Joshua (not verified)

Mon, 05/02/2016 - 12:47 Permalink

Hi Joshua,
I am a little confused by your question. Have you been on SSI and you just got approved for SSDI? You could be eligible for back pay if your SSDI claim took longer than 5 months to be approved. If not, you will not be eligible for any back pay.

Bobby (not verified)
Thu, 05/05/2016 - 23:07 Permalink

Ok so I have a question....a letter was sent to the ss attorney from the SSA or payment center not actually sure anyway they said 85,000 was owed in benefits and they withheld 21,000 which is 25% here is where it gets tricky we were paid 46,000 - so 20,000 is missing anybody got any ideas about what's going on in was also told today that the attorney is pissed because he didn't get the amount he wanted...

Bryan

In reply to by Bobby (not verified)

Fri, 05/06/2016 - 11:37 Permalink

Hi Bobby,
you might have just received your first lump sum, the SSA generally sends back pay in three installments.

Bobby (not verified)

In reply to by Bryan

Fri, 05/06/2016 - 14:03 Permalink

Bryan no ssi only ssdi as far as I know only ssi pays in installments but if ssdi does it would greatly appreciate all information regarding this!..

Bryan

In reply to by Bobby (not verified)

Fri, 05/06/2016 - 16:49 Permalink

Hi Bobby,
I wish I could help more, but the SSA would have more information than we do about your case as we are not affiliated with the SSA.

mike (not verified)
Sat, 05/07/2016 - 07:57 Permalink

I filed for my disability in2012.ssa put my date at nov.2012.I just had my hearing in march2016.the judge declared me disabled at 50,which was in january.So now Iam only allowed ssi.how far back will my back pay go

Bryan

In reply to by mike (not verified)

Tue, 05/10/2016 - 12:08 Permalink

Hi Mike,
Your back pay may be as far back as seventeen months worth of benefits, depending on when your disability onset date was.

Martin (not verified)
Sun, 05/08/2016 - 09:27 Permalink

I was given the fully favorable decision on my disability claim. My case was given extinuating circumstances because of my terminal illness. The local social security office says the judge can move my case along to expidite his ruling but he can not fast track my lump sum back paynent. So there is a posibility I could die before the payment gets processed. Is this a true statement made by my local office.

Bryan

In reply to by Martin (not verified)

Tue, 05/10/2016 - 12:15 Permalink

Hi Martin,
If you have an immediate need for the money, like an outstanding medical bill or for fixing your car, they may be able to expedite it.

Marc (not verified)
Wed, 05/11/2016 - 16:14 Permalink

I filed on July 9, 2014. I was granted an onset date of May 17, 2012. The Notice of Decision came on January 26, 2016. I got a Notice of Award letter on February 20, 2016. They told me my past-due benefits are $35,000+. My first monthly payment was posted on March 2, 2016.

My lawyer has been paid his $6000. Both my kids have received their survivors benefits and backpay of $9,000+ as of April 25, 2016.

I keep reading on here 4 month, 4 month, 4 months. Have I not waited 4 months already? When is the backpay coming in? I keep calling and all they tell me is it's processing.

Add new comment