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RETROACTIVE DISABILITY BENEFITS

The terms back benefits and retroactive benefits are sometimes used interchangeably.  However, there is a difference in the terms.


The term "back benefits" or "back pay" refers to benefits that have accumulated after the date of filing.  For instance, if a disability or SSI claim was filed on June 1 and a favorable decision was made on August 1st, then the claimant would be entitled to "back pay" for the months of June, July and August.  Both Social Security disability (Title II) and SSI (Title XVI) qualify for back pay. SSI benefits would begin the month following the application.


The term "retroactive benefits" refers to benefits for which the claimant is eligible before the application was filed. Retroactive benefits apply only to disability (Title II) claims, not to SSI. For example, if a person became disabled on January 1 but didn't file an application until September 1, he could claim retroactive benefits for the period January - September, minus 5 months for the "waiting period."  


Retroactive benefits can be claimed for up to 12 months prior to the application filing date if the claimant can prove he or she was disabled that far back.  The date that Social Security determines the disability to have begun is called "the established onset date."  Onset dates are subject to appeal if the claimant believes his disability began earlier than Social Security "establishes." 


Disability hearings frequently produce retroactive benefits AND past due benefits.  This is because benefits accumulate or accrue while the claimant waits for a hearing, often 12 months or more.


For more information on how my firm may be able to help you collect your Social Security disability, including back pay and retroactive benefits, click HERE.







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