Back pay can be generated in two ways in a Social Security disability claim.
First, there is retroactive pay. This pay accumulates from the "established onset date" (the day Social Security finds that you became disabled) until the date of decision. In other words, if you became disabled on June 1 and Social Security did not make a decision for 6 months, this would generate some retroactive pay. In this case, retroactive pay would only be one month, since there is a 5-month waiting period on Title II disability. In an SSI claim, however, benefits would begin the month after the application date.
A second way back pay occurs is during an appeal. If Social Security denies your claim (either disability or SSI), you are entitled to an appeal. It usually takes at least 12 months to complete an appeal. During the 12 months of the process, your benefits continue to "accumulate." If your case is eventually approved, you can collect pay for all those months you had to wait.
In these days of shrinking budgets, Social Security is attacking "alleged onset dates" that are several months prior to the application date. In doing this, they often substantially reduce the amount of back pay the claimant receives.
One of the jobs of a Social Security disability advocate or attorney is to fight for all the benefits his client is entitled to receive - including the back pay and retroactive benefits. An experienced advocate knows how to protect the alleged onset date and, therefore, protects your back pay, too. As we say, "Good representation isn't expensive; it's priceless."
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Established in 1979, the National Organization of Social Security
Claimants' Representatives is an association of over 4,000 attorneys and
other advocates who represent Social Security and Supplemental Security
Income claimants. Our members are committed to providing high quality
representation for claimants, to maintaining a system of full and fair
adjudication for every claimant, and to advocating for beneficial change
in the disability determination and adjudication process.
First, there is retroactive pay. This pay accumulates from the "established onset date" (the day Social Security finds that you became disabled) until the date of decision. In other words, if you became disabled on June 1 and Social Security did not make a decision for 6 months, this would generate some retroactive pay. In this case, retroactive pay would only be one month, since there is a 5-month waiting period on Title II disability. In an SSI claim, however, benefits would begin the month after the application date.
A second way back pay occurs is during an appeal. If Social Security denies your claim (either disability or SSI), you are entitled to an appeal. It usually takes at least 12 months to complete an appeal. During the 12 months of the process, your benefits continue to "accumulate." If your case is eventually approved, you can collect pay for all those months you had to wait.
In these days of shrinking budgets, Social Security is attacking "alleged onset dates" that are several months prior to the application date. In doing this, they often substantially reduce the amount of back pay the claimant receives.
One of the jobs of a Social Security disability advocate or attorney is to fight for all the benefits his client is entitled to receive - including the back pay and retroactive benefits. An experienced advocate knows how to protect the alleged onset date and, therefore, protects your back pay, too. As we say, "Good representation isn't expensive; it's priceless."
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The Forsythe Firm represents Social Security disability and SSI claimants across the state of Alabama. Phone 1-855-854-2274 or (256) 799-0297.
The Forsythe Firm's Website
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