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alright thank you so much for the info just i have been thrown around by 4 different attourneys but a friend of mine found me a attourney yesturday that said they would try and get me 3 years of back pay and i could start getting my checks after a month when they take my case but thank you for the information it really helped i had been so stressed out lawyor after lawyor on the backpay situation thank you :)
Jeremy, you have to remember Attorneys only think in terms of what amount of effort they are willing to put into your case verses what they stand to receive from your disability. So even if you are entitled to go back further to when your parents reapplied and you and or your parents were denied that is still your application date for appeals. I don't think there is a drop dead date time table to appeal a denial or lose your rights to that disability period in the future. If you were permanently disabled the first time, seems odd they would not re-approve your parents re-applied but that is the date going forward unless they won't honor your parents attempts now that your of age and that may be the case but you should find out for sure through your own research. Also, you don't need attorneys to get SSDI if you have the medical records to give SSA to prove your disability. Attorneys don't do the work just some assistant and they don't do what they are suppose to cause their fee is fixed thank God, but it has to go to appeal before they can justify the full 6000.00 fee so they just sit on it to maximize what they can charge you. Good Luck. I got disability on my own although I am a senior and is generally easier as they don't expect to payout as long (life expectancy you know).
I have had a cerebral Rapture in June of 2013 , lost my husband to cancer in the same year,while waiting for a follow up apt at Harborveiw Medical Center In Seattle , another one Reacurred the same place , so this last Nov, I finally got my follow up , and thank God we caught it in time , or it would've raptured again , They did a Brain Anuerysm Bypass where they took a blood vessel from my arm and placed it in my head , I waited 2 and a half years for my benefits ,and it didn't say anything about any back pay , just that I will start getting my benefits a month after the award letter, and said they determined me disabled as of Oct 2015,So now I'm curious if I'll be getting any at all , also I can't even get my husbands survivors benefit , I don't understand it either , and my husband was in the USMC.
I am very sorry to hear about this situation. It seems very strange that you did not receive any back pay if you waited 2.5 years to get approved. If you were earning any money between those years, the SSA could have assumed that you were preforming "gainful activity." The SSA may not have all of your medical records, such as the doctor who helped you with the rupture in June 2013. Finally, they simply could have made a mistake when evaluating your claim. You can appeal this established onset date but I would be VERY careful when doing so, because the SSA will look at your entire claim and you could potentially lose all of your benefits. I would recommend contacting a disability advocate or attorney to help you with your EOD claim. You can do so here: http://www.disability-benefits-help.org/form/free-disability-evaluation
I am in Arkansas I stopped working in June 2013. Filed July 1,2013 after 2 denials by mail by November 2013 we filed for ALJ Hearing this was a lengthy wait finally had hearing March 10,2015!! I received my &quot; Fully Favorable&quot; decision dated April 28,2015 in the letter the judge stated my onset date would be June 10,2015. After a couple weeks I called my local office to check on things they were able to verify and tell me A) my monthly amount B) that I would indeed be getting back pay for at least 17-18 months and C) that it was at payment center being processed but could not say when they also verified they had my bank info and it would be via direct deposit and help make things a little faster. So in summary YES you can get more than 12mos back pay on SSDI and there is no set formula for how quick you get it. The payment center has to pay attorney first then any state federal or court ordered judgements such as back child support will come out before you get yours its now May 12,2015 and I&#039;m still waiting we are being evicted end of month due to foreclosure thanks to this process just praying it comes by then!!
This is just a comment. I want to let people who are going through this process know that they are NOT the only ones who have been put through hell. I applied for disability at the end of 2009. I did not have my FIRST hearing until August 2013. The lawyer that contacted me after filling out an online application did NOTHING to help me. She was so incompetent she contradicted something that I said in front of the judge. There was a medical record that she was NOT looking at and after I'd confirmed the date on the medical record she spoke up and said that I was incorrect. After consulting her notes she found that I was indeed CORRECT! Who does that? I received an unfavorable decision even though the conclusion of the judge was that I could NOT return to any of my previous jobs NOR could I work in unskilled labor due to my COPD. If I couldn't work in any of my previous jobs and couldn't work in unskilled labor, HOW could I work? Once I received the unfavorable decision I had to get another lawyer. The previous one didn't even try to fight the judge's decision. I should've been able to file an appeal but my SECOND lawyer said that he doesn't take up a previous attorney's case. HE wanted to start over and file a new application. This was a terrible decision on my part. I should've insisted that an appeal be filed and NOT a new application. This cost me YEARS of back pay. To make a long story short, I've been disabled since the end of 2009 and was NOT approved until 2015. I was stripped of nearly all of my back pay and didn't get my first SSDI check until April 15th, 2015. I have received NO back pay as of this date. When I call the SSA they talk in circles and use complicated terms that I can't decipher. My lawyer has gotten his payment so he's done with me. I can't even get him to call me back. I have been denied so many times that I can't honestly give you an accurate number. I've been denied for every single thing that you can imagine, all just an excuse to NOT pay me the benefits that I deserve. I've been a tax paying citizen since the early 80's and as I understand it these benefits are in part money that I paid into this system in case I should ever become injured or disabled. If you don't have a good lawyer, you really need to do some research in your area and find the BEST disability lawyer in your state. Also, it's been my experience that the judge is not there to award benefits. Their main function is to prove that you are NOT disabled. I have well over 1,000 medical records to support my diagnosis and the severity of my illness. Since applying for disability I've suffered from respiratory failure TWICE and it was only through extreme measures that the hospital staff were able to resuscitate me. The first time I went into respiratory failure I was clinically dead for nearly seven-minutes. However, the judge did NOT include this time as my actual date of disability. My date of disability has been moved around so that I'm going to get next to nothing. PLEASE realize that if you're going through a nightmare over your disability that you are NOT alone. I've read a lot of message boards but haven't found anyone else who's had to wait nearly six-years for approval. The system is not set up to pay you benefits, it's set up to screw you out of as much as they can and to possibly prove that you aren't disabled, regardless of your medical records. I go through hell every single day. And then the ULTIMATE insult to me is that I won't be eligible for Medicare until early 2016. I have many different disabilities but the most severe is COPD. The doctor that I'd been seeing for over 10-years refused to treat me because of my bill. I can't receive the urgent medical help that I need and my prescriptions have all run out. Since my doctor won't treat me or even renew my prescriptions I'm afraid of what will happen. If I could get my back pay I could go to a clinic of some type and at least get the life-saving prescriptions I MUST have.
i applied for Disability back in2007. I had a letter from my Dr stating that I was disabled and marked my letter as being perm. Disabled. I had a law firm that didn&#039;t do much of anything for me. Over the past 8 yr&#039;s I had a new judge that made several mistakes and she was my judge 3 times in a row and denied me every time even after it was sent to the fed. Court level and they found all of her mistakes and sent it back before that same judge showing her the mistakes and told her that their recommendation was a favorable decision. She ignored their recommendation and again denied me. Then it went in front of a new judge that also denied me and again I appealed. It then went before another new judge and that time I was told by the judge that I had to come back because my cases were consolidated and he didn&#039;t have everything he needed to make a ruling and told my lawyer to come back w/ the needed information that was missing and that happened twice. The third time I went before that judge he said he found my case fully favorable but because of all the mistakes that the other judges made and all the missing information ect. and my file was so large &amp; confusing he was only going to go back to when he first heard my case which was making my onset date in 2012 instead of 2007 when I first filed and should have been approved. I feel like I have been completely put through the ringer and have just fell through the cracks the hole way through this process. Due to everyone else&#039;s mistakes and miss management of my case I ended up suffering because of their mistakes. Now my lawyer whom only gets pd if they win the case has my back pay (which will probably not be much of anything since my onset date is only 3 yr&#039;s back instead of 8) held up appealing to get paid for the full 8 yr&#039;s when they only were able to get me approved for 3 yrs. Will I even be able to get ANY back pay or will they be able to take it all?
If you win your case, your lawyer will not be entitled to more than 25% of your back pay, or $6,000, whichever is less.
I applied for ssdi and ssi Dec 2013. SS said I had to reapply. Which I did in May 2014. I was denied for both. I hired a lawyer and put in for a reconsideration. I was approved for ssdi Feb 2015.Denied for ssi, I recently started receiving my ssdi monthly payments May 2015. Which is my April payment. For those who dont know. The month you receive a payment. Thats for the pervious month. Social Security payments pays for the past month. Not the month your in.According to the Award letter. They approved me from Dec 2013. Which made my onset date June 2014 to Feb 2015. My question: How long do it take for ssdi back pay to come? The local office said 30-90days AFTER your first check. Have anyone else heard this? I know I have another 45days left for a full 90days. Yet 45 days is a long time. When you about to get moved out. NOT to mention not being able to work since Dec 2013
Hi , I went in front of an ALJ on April 9th 2015 , got my fully favorable decision on May 12th , 2015. Have not received any money nor have I heard anything more from SSDI. I went to my local SS office ( because the guy on the 800 number told me " by me going there it would speed up the proceeds "). I gave the SS lady all my information again . She informed me I was denied SSI because I'll be getting to much from SSDI. ( I already new this )and It takes about 6 weeks from the day I received my FFD . I called today and the guy on the 800 number said there's nothings showing anything about amount I'll be receiving or when I should expect payment . He said if I don't hear anything by Friday to call back . Why would the lady at my local SS office be able to see this and not this man. Everything I called they tell me something different. How long does it take to recieve my monthly benifit and my back pay ? I'm going crazy because we are going to lose everything if I don't recieve something g soon.
You should expect your first check to arrive in 90 days after your approval, so it is pretty common that the check hasn't come within the first month. Back pay is stated to arrive within 120 days, but this is extremely variable.
My husband and I are having a similar issue. My husband had a hearing February 21st 2015, originally he applied in December of 2011. On February 21st he was found fully favorable for SSD. It is now June 18th and we have received nothing. Every time we call we get the run around. The initial letter said to call in 45 days if we haven&#039;t heard from a caseworker, so we called at 45 days, the rep said they had no record of being approved, so we went directly TO the local disability office and they directed us to a nice man who asked for my pay stubs to see if we qualified for SSI. I raced home got them together and faxed them within an hour of leaving, that was April 24th. Every time we call the local offic they say they have no record of anything, yet when we go in we are told he was approved and the info is at the payment center. We have not received anything to know how much he will be getting, or any payments, or any back pay and no one seems to care. In fact last Friday June 12 my husband went back to the office and the lady said, and I quote, &quot;well, I don&#039;t exactly feel bad at you cause it IS free money from the government.&quot; Clearly they don&#039;t care, so we have given up. It causes more stress to go there, so we mutually decided to just not call and maybe it will just &quot;happen&quot;. I know that sounds dumb, but the money we have spent on gas alone getting there is just more stress... ~sigh~ it is good (meant in a nice way) to hear we are not crazy and other people are dealing with the same thing.
Hello. I was on SSI for 15 years. My benefits were wrongfully stopped 7 1/2 years ago, which made me homeless. I suffered during that period, including living 8 months in a closet and starving and then 18 months in a drug, bug, and criminal infested homeless shelter. I finally got my benefits back in June of 2012. I have received my regular benefits, but never a dime of my back pay and no one at the SSA offices will tell me what happened to that money. All they will do is ask if I have a lawyer. I leave messages for lawyers but none ever reply. A friend offered me a room to rent in his house in Florida until I got my back pay which would make it possible to move back home and start over. I&#039;m stranded in Orlando since I never got the back pay, and am housebound because I cannot breathe out in the hot and humid weather. SSI is not nearly enough to pay for a place here to live. There is a lot more detail I&#039;ve left out for brevity. Can anyone advise me what to do ?
I would recommend contacting an attorney, but the reason many of them haven't been too helpful is because you're already receiving back pay. When your payments were reinstated, were they for a new disability or because the SSA realized they made a mistake? If they were for a new disability (and if you had re-applied), you may not be entitled to back pay.
Thank you for the reply. I have kept a detailed record on this. I got my benefits back immediately after sending the adjudicator a letter for my file explaining that I had been on benefits for 15 years prior. My award letter stated that I was owed $6200 in back pay. Months went by and the money never appeared, so I started going into the office with my case worker and they gave me a dire need form to fill out. More months went by with no word then we went back to the office and out of the blue I was told that I was overpaid and wouldn&#039;t receive the backpay. It was the first I&#039;d ever heard of that. They gave me a waiver form and a lady called me for a conference. She understood I was in a homeless shelter and needed the money to get out on my own again. She said she was trying to take the overpayment off but the system wasn&#039;t letting her. She asked is she couldn&#039;t take the overpayment off, if I would agree to taking $10 a month to pay it, which would get me my back pay. I would have said anything to get out of that shelter and I agreed. She said she&#039;d call back the next day, but I never heard from her again nor the waiver. I called and called but she never called back. To get out of the shelter, I moved to FL. I went to the local SSA office the next day and the lady said I was owed more than $6400. I told her about the dire need and waiver applications and she asked if I had a lawyer. She said they&#039;d were withholding 10% of my check and that they shouldn&#039;t because of the waiver application. No one will answer me about the applications and I can&#039;t get an attorney to call me back either. How do I get help?
I am very sorry to hear about this situation! It is unfortunately very complex and I am afraid that we can't be a lot of help to you. What I would recommend is to search disability advocates in Florida. Florida has dozens of organizations dedicated to getting people with disabilities the benefits they need. They can potentially set you up with an attorney, depending on the firm. I would look up "Disability resource florida" or "disability center florida."
I wish you the best of luck, and I am sorry that we cannot be more help.
I had a back injury in February 2014. I did get workers compensation. I did go back to work then out in September 2014. I went to my doctor told them to take me off all restrictions so I can find a job. During this time last year I did file for ssdi and was told to work. My lawyer has refilled and now I have a court hearing for ssdi. Now I found a job may 2015. I hurt myself at work but I have to keep working. Question. Is there anything I can do besides quit my job while I wait for my hearing date.
I know this is a very difficult situation that comes up for many SSDI applicants. I would strongly recommend not working, because if the SSA sees that you are working, they will most likely deny your claim. You cannot be making more than $1090 per month and still qualify for SSDI benefits.
Hello all I just have a question or two. I originally filed for SSDI in Sept 2013, but was denied because I was still working. I had a Stroke May 2013 so I re-applied in Oct 2014 when I medically retired from a Stroke in June 2014. Okay so I had my SSA exam in April 2015 was denied by my DDS examiner sent to Quality, return to my DDS for missing exams from the VA. I called on July 1st was told I was approved. So my question is when will the payments start and will I receive back pay? Thanks in advance
Your payments should start within the next three months. I am not sure how much in back pay you will receive, but here is my guess:
You will get 2 months of back pay due to your application taking 7 months to process. This will not be the full 7 months, because the SSA does not pay for the first 5 months of processing.
Then, you may be entitled to another 4 months of back pay, because you became disabled before your applied. This is called retroactive payments.
I hope this gives you an idea of what you could receive!
I am in Virginia. I filed for my now 6yo son so I am not sure if it is SSI or SSDI, he has development delays. I filed in March of 2014. I had to go to my local SS office for any info and found out he was approved in April 2015, all they needed was my paystubs since March 2014 to determine the amount. I personally submitted my stubs at the local SS office in May. The person who is handling my case is also training, he informed me back in May. I have since been back to the office twice waiting to know what the monthly amount and back pay will be. The case worker has not been available because he is in training and I was told he has not submitted my paystub information. MY last visit another worker said he would call me and that was over a week ago. I want to know how I can get this last step completed I think I have waited PATIENTLY long enough. I also want to register a complaint, this is unfair and frustrating. The case worker told me that the back payments have to go into a special account for my son and the paper he gave me tells me what type of things it can be used for is ridiculous, for Special equipment or training only and the accounts are audited so keep my receipts. These monthly amounts if the process did not take a year and a half could be used for anything the child may have needed. What type of nonsense is that? I have no control on someone doing their job in a timely manner. Are there no federal guidelines governing this process with time frames?
I am sorry to hear about all of the difficulties you've been having with getting your son's benefits! There is unfortunately not a lot more that you can do. You've been doing all you can by contacting the SSA consistently. Additionally, the paper he gave you about back pay is indeed correct. Back pay must be kept in a separate account, and it is only for your son's medical needs, not his day to day needs. You will need to save receipts for everything you buy with his benefits, as the SSA will check how you've been spending it every year.
Hey everyone I went to the last interview this past Monday to get my mom to be my rep payee. And two days later I checked the my social security account and I&#039;ve seen that I got approved but I got confused. I called Social security to clarify wat happening cuz I was supposed to get the letter in the mail. Well, the agent told me that yes, that I got approved and that she can send me a letter so that my mom can open the bank account. The thing is I checked yesterday and online and it said that I have a payment coming on August 19 /15 and it said that the backpay was processed 7/21/15 which was a day after I went to the interview. So I checked online again today and I see another backpay and it saids 7/24/15.. I still cant open the account with my mom until I get the award letter,,I was going to print the one that I have in my social securtity but it doesn&#039;t say much. so I don&#039;t know. I gess Ill tomorrow, check the mail and see if I get anything in the mail and see if I am getting anything. my process was fast Thank God..I got approved at the reconcideration level.. But best wishes for you all and hope you guys figure out what it&#039;s happening with your checks... God bless you all..
Congratulations on getting approved at reconsideration! That is very uncommon. Back pay usually will not arrive for a while after it was processed. If it hasn't come by Monday I would contact the SSA, but I do not think it is something to be concerned about right now.
I had my hearing in April and receive my First SSDI check in May. However, I were awarded back pay. It`s now Five (5) months later and i have yet receive my back payment. I have heard numerous excuse from the SSA: 1. I work in the Payment Processing Center and I am going to release the money. 2. I am going to have the money release to you on September 1, 2015. 3. It`s approve and you should receive it within 7 days. 4. I don`t know what`s hold up, I am going to email the processing center, and tell them to release the funds. 5. I am going to release the funds right now. 6. I am making notes to release the funds. 7. You should receive it 60-90 days after your receive your first check. 8. We are waiting for it to be sign and release. 9. I don`t seeing anything stopping it from being release. Can anyone assist me with this matter?
I am sorry to hear about this! At least you have heard back from the SSA and can expect the back pay soon. They seem to know that there is a delay and they are working on the problem.
OK, To all of you who are reading this and confused by the 12 month thing. For SSDI, they will PAY retroactive benefits for up to 12 month PRIOR to APPLICATION DATE if you established date of disability onset (the day you claimed to become disabled on the application) is more than 17 months BEFORE the day you filed your application for SSDI, you will be entitled to 12 months of backpay PLUS the backpay for all the months SINCE your application date. For example. You become disabled January 1, 2013. You don&#039;t file for SSDI until January 1, 2015. You were approved on July 1, 2015. There is a 5 month NO PAY period for the first 5 months after disability onset, and they can only go back 12 months of PAY so you wont receive any benefits for JAN 2013- JAN 2014. Your 5 months of no pay started in January 2013, but you can&#039;t receive pay for the rest of the months of 2013 because of the 12 month rule. So you will receive back pay for the entire year of 2014, which brings you to your date of filing. Then they will add the months of JAN 2015-July 2015 to the back pay amount and that gives you the TOTAL amount of back pay allowed. 12months + all months after date of application if you became disabled at least 17 months before you filed. If you allege that you became disabled LESS than 17months before you file, your back pay will be less than 12 months. If your alleged onset date is the date of application then you will receive backpay from the date of application.
I filed for SSDI benefits in 2007. I was constantly denied until 2011. In 2011 I went into my local office to discuss my benefits that I would be receiving for myself and my children, I was asked if I wanted to have a have a hearing to determine if I was eligible for backpay. I gladly accepted and signed all the necessary paperwork. I didn&#039;t hear anything regarding the matter until May of 2015. I had honestly forgotten about it. Anyway, I was told that my paperwork was misplaced and asked if I still wanted to pursue the matter. I defiantly said yes. I had a hearing with a free legal aid paralegal as my representation on July 20,2015. We won a partially favorable decision. Apparently I didn&#039;t qualify for enemies until 2008 since that is when I last worked. I was greatul for the decision since I was in desperate need. I received the judge&#039;s decision in writing on August 5, 2015.The judge&#039;s decision states that I should be contacted within 60 days of the date of the letter. It has only been 6 weeks but my house is headed to forclosure very soon. I called my local office and the national call center to see if the matter could be expedited. I was informed that it could be if the circumstances were severe enough. I don&#039;t want to loose my home. Isthere anyone out there who can give me an estimate of how long it could take to receive my backpay if it is expedited and if it is not? I have not received an award letter as of yet. I have only received the judges decision. I was also told by my local office that they just sent the information to the Baltimore processing center. I live in Ohio. Thank you in advance for any information that you can provide.
I am so sorry to hear this. You are doing EVERYTHING right. You've stayed on top of the SSA, and you've been lucky enough to give you answers. Since you got a positive response from the SSA, I am sure you will receive your benefits in time to save your home.
im trying get some help getting all my back pay from the first time i applied in 95 til 2003 they found me disable got in a little trouble they gave me my back pay on that reapplied in 2007 went threw the proces and 2014 they finally started it back with a lawyer they gave me back pay from 2013 i am entitled to everthing from day one can some put me in the right direction please thanks
I went before judge oct. 7.2015. I was approved- fully favorable. My lawyer says I will get back pay from SSI Nov 2012 and from SSDI Jan 2013. I received a letter from SS office where I live. I have an appointment for Thursday the 12th of November. What happens next? When will I receive my first check because I am sinking.
Congratulations on your approval. Your first check will be deposited into your bank account around three months from now, although if you have a medical emergency, you may be able to get it expedited.
Hi my name is Justin and my daughter receives ssi benefits. She began living with me in January and I have applied to be her representative payee. I was told her mother hadnt been receiving the benefitss since January 2015, do to non compliance. Does that mean she will get back pay from January? I just want to know what to prepare for because I want to do everything correctly. Thank you for any info.
Is your daughter still qualified for SSI? She may need to reapply if her current payee is not receiving any payments. Hopefully you can get this settled!
Aug.252015 judge gave fully favorAll decision. Why taking so long? I did send for Judge to review fee arrangement , was told it would not slow things down ?
You are indeed a little behind. Most applicants receive their first check within 3 months of being approved. I would contact your local SSA office again if you don't get your payment by the end of the month.
how long will it take to get money back when a check was sent for disability with the wrong name on the check
I am really not sure about this, especially since the SSA typically does not send checks and instead does direct deposits to bank accounts. It will all depend on how quickly your SSA office can process your claim.
Hello I was informed that all my paperwork for ssd has been processed at the processing center last week & my lawyer is due to be paid on Dec 10, 2015. So now how much more longer would I have to wait for my back money, I'm not collecting no future payments. We went for only a closed period because I went back to work.
I would expect your back pay within 120 days of your first check.
I got approved for ssdi .Two weeks ago in front of the judge.How long before my award letter comes.Or my first check.
You should be able to find your award letter online at www.ssa.gov. As for your check, you may need to wait for up to three months unfortunately.
The social office said my backpay was released yesterday on the 10th so when should i expected it in my bank account
Back payments should take around 24 hours to process once they've been released.
My mom just passed away and SS still owes 2 back payments...how does that work?? I am the only child and would like to be able to give her a proper burial...
Very sorry to hear that. You will be able to receive her back pay. I am not sure if they can expedite it or not.
I was approved for ss disability. It took one year and increased my ss by $58.00. My disability was considered severe. Severe enough to receive $58.00 more per month?
Your disability payment maybe rose due to a cost of living increase from 2014 to 2015. That is the only explanation I could think of!
I was approved for ssd then they said I would receive sdi until the ssd kicks in but how long do I have to wait until then.
I would guess that you would only need to wait for 2-4 months until you start to receive your SSDI payments and you no longer need your SSI payments.