What Are Social Security Disability Back Payments?

If there is one thing considered a constant when filing a Social Security disability claim, it’s that these claims take a very long time. Social Security disability (SSD) claimants know this, and the Social Security Administration knows this as well. As such, in almost every case where the claimant is awarded his/her SSD benefits or SSI benefits based on disability, then the past due disability benefits (known as disability “backpay”) is also awarded. The amount of backpay usually goes back to when the initial application was filed, though in some cases it can be earlier.

What Are Social Security Disability Back Payments | Herren Law Houston

If you applied for SSD benefits, it’s essential to have an experienced Houston SSD benefits attorney on your side. At Herren Law, we boast years of experience and helping hundreds of Houston residents with their disability benefits, and we can help you too, including with issues such as backpay. For a free consultation with Houston attorney William Herren, call our law firm today at (713) 682-8194.

In the meantime, you can learn more about Social Security disability back payments below.

Factors That Determine Backpay

Back payments are paid to successful SSD or SSI applicants for the months between the application date and the day you’re awarded benefits. This is generally due to the fact that there are many people applying for benefits, and the SSA is notorious for taking forever with the SSD application process. Furthermore, for Social Security Disability Insurance (SSDI) payments, there is always a five-month waiting period, and for some applications, there might be retroactive benefits available. In general, the main factors that determine an applicant’s backpay include the application date, the date of disability, and the five-month waiting period.

Application Date

The first factor that determines the amount of your backpay is the application date for your Social Security disability or SSI benefits. When applying for SSD benefits, the SSA will give successful applicants backpay that satisfies monthly payments back to their date of application. Furthermore, some applicants may be considered for retroactive benefits during the year prior to the application date. Retroactive benefits might not be available to SSI applicants; SSI applicants can receive back pay that dates back to the first month after filing an application.

Additionally, some applicants can have a “protective filing date.” This date generally occurs before the applicant filed for benefits, and the applicant can receive back pay going back to this date.

Date of Disability

Next to the application date, the second most important factor when determining backpay is the date of disability. Essentially, this refers to when the disability occurred, and when filling out your claim application, you’ll have to include this date, known as the alleged onset date (AOD).

When approved for disability benefits, your DDS disability examiner or administrative law judge will give you an established onset date (EOD). Unlike AOD, which you determine, the EOD is dependent solely on the claimant’s medical records and work history. Some evidence considered for your EOD include doctor’s reports, lab results, and disability application.

It’s important to note that, for SSI, the Social Security Administration won’t give an EOD that occurs before the application date. This is due to the fact that SSI applicants cannot receive benefits before the month of application. Also, if the SSA states that your EOD is after the application date, then the SSI applicant will receive benefits starting on the EOD, not the application date. Remember, this is only for SSI applicants.

For SSD and SSDI applicants, you may be able to receive retroactive back payments if there is an established EOD before the application date.

Five-Month Waiting Period

The last major factor in SSD back payments is the five-month waiting period. This waiting period only applies to SSDI applicants, and not SSI applicants. This means that successful SSD applicants with an EOD may have five months of benefits removed from the beginning of their disability. In other words, the applicant is entitled to benefits 5 months after the EOD.

Contact Herren Law for a Free Consultation

There are numerous factors involved in every Social Security Disability case, whether that involves the date of disability, the evidence of disability and an inability to work, and so forth. In any case, you should expect a long and complex process, which is why it’s critical to get an experienced Houston SSD attorney at your side. For a free consultation with Herren Law, call our Houston law firm today at (713) 682-8194. We work on a contingency basis, meaning that you won’t pay a penny unless we win your case.

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