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.

concerned (not verified)
Sat, 07/09/2016 - 08:51 Permalink

I am wondering how long to get back pay after first check

Bryan

In reply to by concerned (not verified)

Mon, 07/11/2016 - 10:36 Permalink

Hi there,
It generally takes about four months after you start receiving benefits to get back pay.

Danielle E (not verified)
Sat, 07/09/2016 - 14:55 Permalink

My attorney amount of was issued in a letter I recieved. I got two letters, the first was a typo and told me I needed a rep payee. The. The other one states all this stuff about cost of living. My benefits began in August 2014. I was found disabled. I hadn't quite yet quit working. So, long story short, they have a bunch of zeros with an explanation of no benefits due aug 2016 through may2016. I filed for SSDI, and SSI. I have already talked to my attorney about this. I had no idea that I am not getting any back pay. I have been homeless, begging people to take me in!! What the heck? Alls I see is a bunch of 00.00

Bryan

In reply to by Danielle E (not verified)

Mon, 07/11/2016 - 10:45 Permalink

Hi Danielle,
The SSA may not have the full story, I would consult with your attorney about this.

Karen (not verified)
Sat, 07/09/2016 - 18:18 Permalink

I applied for benefits on May 24th 2016 I was denied benefits june 7 2016 I filing a appeal I have retained an attorney Is it true people don't get approve during reconsideration? Also I was told it also could take up to a year to win approval or denial does that include the time that I've applied

Bryan

In reply to by Karen (not verified)

Mon, 07/11/2016 - 10:44 Permalink

Hi Karen,
People can be approved during reconsideration, but some are denied as well. As far as the process, it can take up to 17 months to receive a hearing after being denied for reconsideration, so yes, it may take up to a year depending on their reconsideration decision.

Karen (not verified)
Sun, 07/10/2016 - 14:51 Permalink

Can I ask my attorney if he can file a dire need for my reconsideration? Also my psychiatrist is going elsewhere could I ask him to make a statement written on my behalf to help my claim before he leaves at the end of August?

Bryan

In reply to by Karen (not verified)

Mon, 07/11/2016 - 10:41 Permalink

Hi Karen,
You can absolutely do both, however I'm not sure if the dire need of reconsideration would be accepted by the SSA.

Karen (not verified)

In reply to by Bryan

Mon, 07/11/2016 - 16:39 Permalink

Also my medications being up to higher dosage is that information that my lawyer should know as well would it help my claim?

Karen (not verified)

In reply to by Bryan

Wed, 07/13/2016 - 11:55 Permalink

I just spoke with my attorney and he told me that we are not going to be going after a reconsideration appeal it was going to be a hearing appeal my question was if my claim was to be expedited because of my hardships dire need how long does it normally take for a hearing when being expedited for dire need?

Bryan

In reply to by Karen (not verified)

Wed, 07/13/2016 - 13:35 Permalink

Hi Karen,
I'm not entirely sure what the timeline for an expedited appeal would be in this case, but for Compassionate Allowance cases they can approve someone for benefits in as little as ten days.

Carrie Casto (not verified)
Tue, 07/12/2016 - 19:27 Permalink

I had no problem being awarded SS Disability and received $41k back pay. I disclosed end date for WC time loss payments on application and 4 other times prior to award.
Received another request for WC payment information. After review SS sent me a letter saying they overpaid me. They stated they paid me $70k but it should have been only $58k (which would have been about 80% of the salary I was earning when disabled) HOWEVER, I only received $42k and therefore, it became an underpayment situation. After presenting information to SS in face to face meeting, I never heard anything about overpayment or underpayment again.
You would think it would be unconstitutional if the numbers change now that they owe me, right? Considering they were prepared to hold me accountable to the numbers in the overpayment letter, the same standards should apply to SSDI......apparently not.
In a response to my request to receive the underpayment, I just received a letter saying I was paid $27k that should have been only $9k and I now owe an overpayment of $18k AGAIN!!
According to my calculations,it appears with each contact with SS resulted in 80% being deducted from each of the amounts above reducing the amount of my retro pay to $27k......Arf?

Bryan

In reply to by Carrie Casto (not verified)

Wed, 07/13/2016 - 09:48 Permalink

Hi Carrie,
I'm not really sure what's going on there, but human error is a very real thing, even at the SSA.

karen (not verified)
Wed, 07/13/2016 - 04:07 Permalink

Hi I got a notice of award and i entitled for monthly benefits for rsdi and I was denial for ssi but they paid me back pay for the ssi but what I want to know will I get back pay for my rsdi because award letter said that they withholding part of the back pay for the attny and at the end of the letter it do not state how much i'll be getting all there is 00.00 ?

Bryan

In reply to by karen (not verified)

Wed, 07/13/2016 - 09:42 Permalink

Hi Karen,
Attorneys are generally paid about 25% of your backpay, or $6000, whichever is less. However, they are able to charge for out-of-pocket expenses as well.

Danny (not verified)
Wed, 07/13/2016 - 15:47 Permalink

Yes I was turned down because l could walk talk use my hands and think for myself. I have cirrhosis coronary heart failure a and hepc copd acid reflux disease chronic constipation depression fatigue and anxiety disordered now l have hepatic encephalopathy that means confusion memory loss and can't focus on simple tasks please help me too understand why ssa can't help me?

Bryan

In reply to by Danny (not verified)

Wed, 07/13/2016 - 15:52 Permalink

Hi Danny,
You may have been denied for a few reasons, the most common are that you did not have the right amount of work credits for SSDI or that you did not meet the income requirements for SSI. Regardless, it may be a good idea to contact a disability advocate or attorney, they may help you maximize your chances of being approved. If you fill out the form on the top left of this page, we can have one reach out to you.

karen (not verified)
Wed, 07/13/2016 - 16:58 Permalink

Hi I got a notice of award and i entitled for monthly benefits for rsdi and I was denial for ssi but they paid me back pay for the ssi but what I want to know will I get back pay for my rsdi because award letter said that they withholding part of the back pay for the attny and at the end of the letter it do not state how much i'll be getting all there is 00.00 ?

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