Wednesday, February 19, 2020

WHY SSDI OFTEN HAS BACK PAY

When you win a Social Security disability insurance (SSDI) claim, you often receive back pay.  This usually comes as a lump sum which catches up the arrears that the government owes you.

Back pay really has two parts in most cases:

1.  Retroactive pay, covering the period of time you were disabled before you filed your application.  You may collect up to 12 months of benefits for a period prior to your application date.  

2.  Other Back Pay, covering the period of time it took Social Security to adjudicate your claim.  Benefits accrue while you are waiting on a decision.  If you get involved with an appeal, you may wait several months.  I've seen cases delayed two years or more in the appeal process.  When the case is finally approved, the government "catches up" all the benefits it owes you in the form of back pay.

It's really important to think about your Alleged Onset Date (AOD)--the date your disability began.  Take that date as far back as you practically can.  Remember, however, some important factors about Alleged Onset Date:

A.  You must have evidence to prove you were disabled at the AOD.

B.  You must not have been working at substantial gainful activity (SGA) at the time of the AOD, because this is disqualifying.

One of the services I provide my clients is analyzing how far back we can and should take the AOD.  Most claimants became disabled before they filed their application for benefits.  Of course, Social Security will subtract the five month waiting period from all back pay.  Still, most successful claims will come with some amount of back pay.

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