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    Old 03-15-2007, 01:40 PM   #1
    Libby50
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    Question How far back will ssdi pay?

    I saw an attorney yesterday who told me that ssdi only pays for one year prior to the date of your application. But, I have heard from other individuals that they got payments for years back. So, which one is it? How far back will ssdi pay?

    I was first dx'ed and disabled 23 yrs ago, but I have returned to work off and on since then. I am finallly giving up on working. I realize that I can't do it, because I break down every time I try to work.

    Anyway, I don't know if htis attorney is whacked or not. If she doesn't know teh correct answer on this, then I need a new attorney.

    Last edited by Libby50; 03-15-2007 at 01:41 PM.

     
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    Old 03-15-2007, 03:44 PM   #2
    rayefaye
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    Re: How far back will ssdi pay?

    Hi Libby, the answer is you have to be disable and out of work 6 months prior to filing then the time from that period to the time you are approved that is your back pay. For example, the last day I worked was July 31, 2003, I filed for disability on March 22, 2004. My hearing was March 17, 2006 and I was approved in April 29, 2006. They declared that I had become disabled and unable to work starting July 31, 2003. So there for I had my six months waiting period and I received back pay starting in January 2004 until May 2006. I hope this helps answer your question.

     
    Old 03-16-2007, 06:25 AM   #3
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    Re: How far back will ssdi pay?

    libby,maybe he just ment in your particular case?generally,they will use the disabled date as the date that "something' occured to make you have to stop working completely.if you were kind of off and on,it would most likely be the time you stopped and didn't go back?but alot can also depend on your actual medical records and or conditions too.Marcia
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    Old 03-16-2007, 05:03 PM   #4
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    Re: How far back will ssdi pay?

    I suffer from RSD (reflex sympathetic dystrophy) which is a disease that effects the nerves. In Feburary 2003, that when the first concrete signs started when my shoulder all of drew up to where it was touching my ear. I went to the ER and they treated me there. Two weeks later it started again and from then to July is was a off and on battle. They would treat it will pain medication and prednisone but it keep getting worse. So they sent me to an ortho which claimed I had a slight tear around the rotorary cup. He gave me a shot which helped for about two weeks and my left arm kept getting weaker. He also sent me to a neurologists who did a nerve conductor test and found out I had two dead nerves. She told me that I might have a virus in my nerves and they would get better. They never got better and my arm grow weaker and the muscle spasms in my neck got worse. They would get so bad that my head would lay over to the left, my shoulder drew up to my ear and my arm was wrap around my head. I lost my job on July 31, 2003 due to my condition and was never able to return to work except for about 3 months later. I worked about a month but I was out just as much as I was there. So therefore I was declared disabled the day I stopped working. You have to work 3 months or more in order for Social Security to considering that you're able to work. Which this condition was actually offseted from a car wreck that I had in 1983 in which I had nerves severed in my right arm and left hand. So yes, they consider when the condition began but also you have to be out of work for 6 months prior to filing for disability and it has to be a condition that will last 12 months or more.

     
    Old 03-17-2007, 02:34 PM   #5
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    Re: How far back will ssdi pay?

    Hi
    Check out my posting on 2/16/2007 "It's here". It may clear up your concern with your attorney and how far SSDI goes back in back pay determinations.

    reI want to correct a statement that I made that we were told. In regards to the date of the backpay. The letter corrected my misinformation.
    By law SSDI benefits will only be paid for the 12 months preceding your actually file date. Even though my hubby was approved for a date that was more than 12 months prior to his filing he was only paid benefits for the preceding 12 months. Since he filed in August of 2005 eventhough his disability was approved for October 2003 he only got benefits payable from August 2004. Actually he lost 5 months of benefit checks. This was all printed on his award letter.)

     
    Old 03-17-2007, 02:53 PM   #6
    michael178
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    Re: How far back will ssdi pay?

    They go back to the date when they determine you were disabled. It is not unheard of to get years of back pay. If your attorney said differently, I would question him/her on that, if their information was incorrect, then get another attorney, this time someone with experience.

     
    Old 03-17-2007, 04:12 PM   #7
    countrykid
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    Re: How far back will ssdi pay?

    I was under the same impression as others that people got paid way back. But we found out it wasn't so. Yes many people get years of backpay but then they have been in the system for those years due to appeals.
    Check out the [url]www.ssa.gov[/url] and read up on all the info. There are sections in the Social Security Act that answer your questions. It take some searching but I have found many answers on the regulations.
    This will explain about the 12 month. Read it carefully so you understand.
    [url]http://www.ssa.gov/OP_Home/ssact/title02/0223.htm[/url]

     
    Old 03-17-2007, 05:26 PM   #8
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    Re: How far back will ssdi pay?

    I not disputing over the 12 months prior to filing rule. What I was talking about where it was mentioned about going back 23 yrs ago for back pay.

     
    Old 03-19-2007, 05:22 AM   #9
    Kissa
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    Re: How far back will ssdi pay?

    Quote:
    Originally Posted by countrykid
    Hi
    Actually he lost 5 months of benefit checks. This was all printed on his award letter.)
    Everyone who wins has the first 5 months withheld from SSD, this is their policy. If you review their site you will see that in addition to the 1 year backpay. Individuals are always backpaid from the date of the onset of disability but no greater than 1 year previous of the application and they must not have been working at the time minus 5 months.

    If they find you to be disabled from the date you applied you still loose the first 5 months of benifits.
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    Last edited by Kissa; 03-19-2007 at 05:23 AM.

     
    Old 03-19-2007, 10:34 AM   #10
    countrykid
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    Re: How far back will ssdi pay?

    If you read my post from 2/16/07 the 5 months I was referring to was in addition to the 5 month waiting period. There was actually 22 months from day of disability till the day he applied. So 12 previous months from application less 5 month waiting period left him with a loss of 5 months of benefits because he waited so long to apply.

    Last edited by HBMod07; 03-20-2007 at 10:39 AM. Reason: Please use quick reply when you directly respond.

     
    Old 03-20-2007, 07:31 AM   #11
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    Re: How far back will ssdi pay?

    I just read 6 months. It said it you apply and are granted you get your check the first month after 6 months. I think that is what I read.

     
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