DISABILITY BENEFIT RECOVERY

Most claimants who are approved for Social Security disability benefits qualify for retroactive benefits and/or back pay.  Retroactive benefits depends on two things: date disability began 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 t...

Social Security has identified more than 200 diseases that qualify for a "compassionate allowance" of disability benefits. Being diagnosed with one of these diseases will usually expedite an award of benefits. These conditions include, for example, many forms of cancer and auto immune disorders, as well as other conditions. Some diseases on the list may be well known.  Others, such as the recently added HOYERAAL-HREIDARSSON SYNDROME, may be virtually unheard of by the public. If a claimant has a disease that qualifies for a compassionate allowance, how does it affect his claim?  The claim will usually be expedited.  Once Social Security is able to verify from medical sources that the claimant actually has the disorder, a benefit may be awarded quickly.  How long the process takes depends on such factors as how long it takes doctors to respond to requests for medical records. The claimant may speed up this process by asking their doctor to provide information quickl...

SSDI stands for Social Security Disability Insurance.  When you first began working, the Government deducted a percentage of your wages, called a FICA tax.  This continued as long as you worked, in most cases.  This money was set aside in a government trust fund to help you if you later became disabled and could not work. SSDI is a type of insurance program, usually called "Social Security disability."  To get benefits out of SSDI, you must prove  that you have a medical disability so severe that you cannot work any full-time job; that this disability has lasted, or is expected to last, for at least 12 consecutive months. That sounds simple but Social Security has made it rather difficult to prove that you are disabled.  One reason is that their definition of 'disability' is so strict.  You usually must prove that you cannot perform even simple, unskilled work at the sedentary (sitting) level.  On top of that, the application proc...

Fraud prevention seems to be Social Security's new top priority.  In November 2014, the Social Security Administration set up a new division called the Office of Anti-Fraud Programs (OAFP) .  The OAFP works closely with the Inspector General (the investigative and prosecution office) to combat fraud and waste.  Congress has allocated billions of dollars to the anti-fraud campaign. Acting Commissioner of Social Security, Calvin Colvin, said her office will take a stern stand against anyone found to be trying to abuse or defraud the system.  Ms. Colvin said:     “We will find you; we will prosecute you; we will seek the maximum punishment allowable under the law; and we will fight to restore to the American public the money you’ve stolen from the American people.”  There have been a few isolated incidences of fraud that have made national headlines.  Social Security admits that these cases were rare and isolated. The vast majority of So...