ssd benefits, retroactive? - Disabilities Message Board

HURTEN · 08-10-2007, 05:59 PM

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

Tumbleweed1999 · 08-10-2007, 06:33 PM

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.

bwitht · 08-10-2007, 10:29 PM

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.

Queenneeee · 08-11-2007, 11:28 AM

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 !!

Lulu70 · 08-11-2007, 12:47 PM

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