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BACK PAY

Most claimants who are approved for Social Security disability benefits qualify for retroactive benefits and/or back pay.  Retroactive benefits depends on two things:
  1. date disability began
  2. date the application was filed
 Under the regulations, you are entitled to collect benefits for each month after the month you became disabled (under Title 2, SSDI).  The regulations limit you to recovering 12 months of retroactive pay, plus the 5 month waiting period.  Thus, it is possible to collect up to 17 months of retroactive pay. 

You are also entitled to collect one month of benefits for each month it takes Social Security to reach a decision on your case.  For example, if you waited 15 months to get a hearing, then win, you would be eligible for an additional 15 months of "back pay."

It's confusing, but there is a difference between "retroactive benefits" and "back pay."  Retroactive benefits are those payable from the date the disability began to the date the application was filed.  Back pay is payments for months AFTER the application was filed but you were waiting for Social Security to make a decision and issue a check.  

Retroactive benefits and back payments are combined upon approval of the claim and are paid in a lump sum to the claimant (beneficiary).

One of the functions of your representative is to figure out how much back pay you are entitled to and be sure that you receive all you are due.






 

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