Understanding How Social Security Disability Backpay Works
Posted on behalf of Dayes Law Firm PC on Jan 19, 2016 in SSD
Social Security disability backpay is disability payments that are retroactive. These retroactive benefits may be received because disability benefits can take a while to be processed.
If you applied for disability, when your disability started can affect the amount of backpay you will receive from the Social Security Administration.
There are three factors that impact how far in the past a recipient will be able to receive backpay benefits.
The first factor is when the recipient applied for disability benefits. If he or she is applying for SSDI, he or she may be able to obtain benefits going back to the date of the application and possibly even a year before the application was completed. The year before the application is called the retroactive period.
If a protective filing date, a date that marks the time when an applicant made a written statement of their intent to file, was determined before the completed application date, disability benefits may be awarded back to the protective filing day.
The second factor is when the claimant's disability began, referred to as the alleged onset date. This date is put on an applicant's disability form and is the date the applicant believes his or her disability started.
When a claimant is approved for disability benefits, he or she will be granted an established onset date. This date may be determined by an administrative law judge or a disability examiner. The date is arrived upon by the examination of medical and past employment history.
Oftentimes, the disability date occurs prior to the application date. However, the Social Security Administration will only set an established onset date after the application was completed.
The final factor is a five month waiting period. Approved disability applicants who have received their established onset date will have five months taken away from the start of their disability. Basically, entitlement begins five months after the established onset date.
Backpay is typically distributed as a lump sum, unless the amount is too large. Then it is divided into three payments six months apart.
If you need help applying for a disability appeal or have questions about Social Security Disability backpay, contact the Social Security disability benefits attorneys in Phoenix today to discuss your case.