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Old 01-07-2009, 09:37 PM   #1
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Join Date: May 2005
Location: prattville AL
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uniqueone50 HB User
Question about backpay

Hi everyone...I was granted disability at my hearing before the judge on Tuesday. She entered what she said was a bench decision and actually apologized to me and said that I should have been approved at my initial filing. I was quite surprised and happy with the outcome of the hearing. My question is...The judge said that I would receive the max in backpay. My disability date was set as 2001. Does anyone know what the max in backpay means? Immediately after I left I had questions for my attorney and will call him if I need to but thought someone here might know. Thanks...

 
Old 01-08-2009, 05:30 AM   #2
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happygirl440 HB User
Re: Question about backpay

Congrats on being approved!
They will go back to your date in 2001 less the five month wait period.
You will be receiving a very large sum
Can I ask what you filed as your disability?
Cindy

 
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Old 01-08-2009, 06:58 AM   #3
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debi1957 HB User
Re: Question about backpay

Wow, congratulations. It pretty easy to figure out. It will start calculating on your onset date in 2001, minus the 5 month waiting time. All you need to do is determine your monthly benefit for your disability. You should have a recent benefit summary that Social /security sends out each year. Say you will recieve 1,000 a month you would multiply that by the amount of months of your onset date. Also did you apply fo SSI? If you did and the judge found you fully favorable in that you will get that as well.
SSI is based on your income back when you first filed.

I myself got awarded both SSD and SSI, back to 2002. The judge ruled in my favor in October, have yet to see any money.
Good luck to you.

Last edited by debi1957; 01-08-2009 at 07:00 AM. Reason: misspell

 
Old 01-08-2009, 06:59 AM   #4
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Re: Question about backpay

Congrats! And yep, you should get a big check.

I hope you are able get in touch with your attorney today. They should be able to answer all your questions.

Congrats again!

 
Old 01-08-2009, 08:20 PM   #5
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carthur HB User
Re: Question about backpay

First, you will receive a letter from the judge who issued your decision. It should be titled "Notice of Decision - Fully Favorable" Within about a month from that date you should receive a letter from the SSA that explain your benefits - how much backpay, when you will get your monthly paments, etc. All of this should happen within a 60 days period. It has been known to happen within less or more time. Sometime up until 90 days. In my case, the made a decision on October 28, 2008. I received the letter from the judge office on November 5, 2008. In about two weeks I received a letter from SSA that explained my benefits. On November 22, 2008 I received a bank deposit with all my backpay and received my first monthly payment on the second wednesday of the month in December 2008. Don't spend all your money, you will need to pay federal tax on this money. In many states, they don't make you pay taxes on disability income. However, you should check with you local tax office or whoever will be doing your tax return.

 
Old 01-08-2009, 09:10 PM   #6
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Join Date: May 2005
Location: prattville AL
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uniqueone50 HB User
Re: Question about backpay

Thanks everyone for the information and the congrats. It is exciting to know that I'll soon have some money coming in.

happygirl. I have DDD and have had five cervical fusions and two lumbar surgeries. I also have spinal stenosis, depression, and a lot of other medical terms that I cannot think of...My last cervical fusion was done in 2007 and at the time my surgeon also operated on my right wrist for carpal tunnel. I will have to have the left wrist done in the next couple of months. My surgeries began in l992 and I have had the same neurosurgeon on all surgeries and the same pain specialist since l994. I hope this helps. If you need anything other info. just let me know and I'll try to help you....Good Luck...

tpmi....My hearing lasted for about 20 minutes. My VE had an emergency and we were waiting for another one to come when the judge talked to my atty. and said she would do my hearing with the VE present. I was truly surprised at how caring the judge was. She immediately put me at ease. I hope that you have one just as caring....Good luck to you and let me know if I can answer any more questions.

 
Old 01-09-2009, 02:10 PM   #7
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Join Date: Feb 2004
Posts: 161
Vuitton70 HB User
Re: Question about backpay

Wow, how wonderful that you were blessed w/ a compassionate judge and granted your SSD. Congrats, I am sure it has been a looooong road!

 
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