hi this i just found out from my atty. i thought that ssd benefits were retroactive, back five months and you never get it back. i was never told this how could this be ,all the people i know got theirs,when did the rules change.
i am in new york, is it different in other states???
im very upset over this since i borrowed against it and made promises to pay back when i settled.
is this the way it is??
hurten

When I received mine 3 yrs ago, they went back I believe at least 5 months. I got a lump sum and then monthly payments from there one. Have you called Social Security or gone online to double check on this? What your attorney told you just does not seem right.

Hurten - I may be a little off on this, but yes SSD backpay is paid. They will pay retroactive benefits for up to 12 months, starting 5 full months after they decide you became disabled or filed the application. So if a person became disabled on Jan 15, 2006 (and filed right away) when SSD approves you today with that disability date, your benefits would be paid starting with July 2006. You would usually receive your first benefit monthly benefit check in Sept and some time later you will receive your backpay of 12 (of the 14) months of benefits minus your attorney's fee.

All this is in a perfect world. If you check back posts, you will see where others who have been in the process for several years have had to "deal", where the judge has asked if they were willing to take a reduced amount or a later disability start date.

whatttt ???? I am now confused ..... I heard and have read once approved they will pay you back pay minus 5 months from the time you first file...... when did this 12 month cap come to be ?? I find this depressing........ if you are appealing and they find you fully favorable then wouldn't that mean you should have been approved when you first filed so they kind of owe you the money that would have been yours when first denied....... if there is a 12 month cap on back pay this government sure knows how to hurt the hurting......... please someone post and tell me this isn't true !!

i also understood it as you, that you dont get the first 5 months, ill check again and see what i find.

I thought you had to be deemed disabled 6 months first. I filed in March 2007 with a disability date of Sept 2006. I assume I get retro to March if I ever win my appeal.

I was told when ever you are disabled not to wait to file, if its going to last longer than a year........
so if you filed in sept, then the first 5 months after that wouldnt be covered...

shew now im lost.....maybe someone will see this and shed some light.

i assumed, like me i filed in July, if approved the first time around i wouldnt get anything until my 6th month.
Am i wrong?

Disability Insurance Benefits (DIB)

Also known as Title II (2) benefits.
You must have worked a certain period of time and paid Social Security taxes.
Unfortunately, for adults, there is a 5 month waiting period from the date you are approved until you receive your first payment.

It is possible get up to 12 months of back benefit payments if you were disabled in the past.

Medicare health insurance coverage starts 24 months after the first month for which you are entitled to receive a disability payment

My mistake on reading the stereo instructions that the government calls law. The 12 month limit is in the case that you do not file right away. SSD can pay up to 12 months prior to application if your discability is deemed to have started prior to that. I am sooooo sorry I got you mixed up.

ie: Became disabled June 15, 04
Filed: Dec 20, 06
Approved: in 07 with a disability date of 6/15/04
SSD can (if they wish) pay backpay starting with Jan 05 eventhough that is 12 months prior to application date.

Once again, I am sorry.

whatttt ???? I am now confused ..... I heard and have read once approved they will pay you back pay minus 5 months from the time you first file...... when did this 12 month cap come to be ?? I find this depressing........ if you are appealing and they find you fully favorable then wouldn't that mean you should have been approved when you first filed so they kind of owe you the money that would have been yours when first denied....... if there is a 12 month cap on back pay this government sure knows how to hurt the hurting......... please someone post and tell me this isn't true !!

To my understanding, there is no 12 month Cap.
Here is where everyone (I think) gets confused;
You are allowed (SSA allows you to) claim to be Disabled for a Maximum of 12 months PRIOR to you APPLYING for Disability.
If you file foe SSDI in Dec, you can claim to have an ONSET date up to 12 months prior to your application date.

So.....Remember that there is a 5 Month period for which Nobody will ever get paid......The 5 Month Waiting period......So if you applied, and then 5 months later get Approved, you get nothing, UNLESS you claimed to be Disabled PRIOR to you application (with a 12 month Cap) and you receive a Fully Favorable decision.


Hope that helped..............:angel:

Like I said, stereo instructions. :D :D And to think, I used to read legalese all day at work. :confused:

My mistake on reading the stereo instructions that the government calls law. The 12 month limit is in the case that you do not file right away. SSD can pay up to 12 months prior to application if your discability is deemed to have started prior to that. I am sooooo sorry I got you mixed up.

ie: Became disabled June 15, 04
Filed: Dec 20, 06
Approved: in 07 with a disability date of 6/15/04
SSD can (if they wish) pay backpay starting with Jan 05 eventhough that is 12 months prior to application date.

Once again, I am sorry.

OH MY GOSH ... i DID KNOW THIS !! I also became confused about this awhile back also. I think all of of us waiting patiently for our hearing only know the word BACKPAY to mean paid back for alllllllll the time we are waiting patiently to finally be approved !! I do understand and knew before that backpay could also mean paid back 12 months prior to actually first filing for disability. I guess my nerves in this long wait are not thinking clearly. So yes if and when we are ever approved (thinking positive here) we would be paid from the time we applied minus of course 5 months and for those of us that had an onset date 12 months prior to filing we would also be compensated for those additional months.......I got it and hopefully this is the last time I get confused on that issue!! thanks for clearing it up once again and good luck and take care to all :angel:

Please be careful not to confuse the date you applied for benefits with the date you became disabled. The SSA isn't concerned with the day you fill out the papers but they have to look at the evidence to see when you actually became disabled and base any backpay on that date.

In other words, they could find that you were actually disabled years before you decided to apply.

One more thing I'd like to point out. A fully favorable decision vs. a partially doesn't mean you were found to be more disabled vs. less disabled. If you ever receive a partially favorable decision, it is more than likely due to a technicality - maybe your date of onset differs from the one that SSA thinks you became disabled. Also, we were told by legal representation that to dispute the date will delay payment and you could also risk receiving an unfavorable decision.

Retroactivity is based on an EOD, or established onset date. This is the date SSA decides you became disabled under their rules.

Re: SSD claims. The EOD is generally set as the actual date the medical information shows someone became disabled.

For the less common T-2 claims (DWB, CDB), the SSA operations manual (POMS) gives directions on how to establish EODs (fun charts).

While SSA is not concerned with the date that you filed your application re: SSD claims, they are concerned with it re: SSI claims. This is because, for SSI claims, the EOD is generally set automatically as the 1st day of the month in which you filed if you file an SSI only claim. There are exceptions, but this is the general rule.

As stated, re: SSD, you can get 12 months of retroactive pay minus the 5 month waiting period.

Also, someone wrote that SSA "allows" you to have an onset date within the last 12 months. This is incorrect. You can have an onset date earlier than within the last 12 months. Many people do and in some cases much earlier. The onset date does not equal the date your payments begin. Think of it as the date SSA would like to start paying you if it weren't for the 12 month retroactivity rule.