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RULES ABOUT BACK PAY

Social Security allows claimants to get paid benefits back to their "alleged onset date" (AOD), provided that.....

1)  the onset date is not more than 12 months prior to the application date, plus 7 months for the waiting period

2)  the claimant has medical evidence to show that the disability existed back to the alleged onset date

3)  the claimant has not engaged in "substantial gainful activity" or work after the alleged onset date.

A claimant is not restricted to starting benefits as of the application date.  The onset date can be earlier than the date the application was filed (as explained above).

For example, if you became disabled on February 1, 2016 but did not file an application for benefits until February 1, 2017, you may receive benefit payments back to February 1, 2016.  It will be necessary to show that your disability existed all the way to February 1, 2016.  This rule allows claimants some leeway in filing their applications without loss of benefits.

There are, however, dangers in waiting to file an application.  Delaying can cause a loss of benefits, especially if you wait longer than 1 year to file.  Also, every claimant has a "Date Last Insured" or DLI, a date when their Social Security disability benefit eligibility expires. Most individuals don't know when their Date Last Insured is.  (You can find out by calling your local Social Security office).

The best rule is:  File an application as soon as you believe that you have a medical condition that will keep you off work for at least 12 consecutive months.  Don't delay.  Claim an "alleged onset date" as of the earliest date you became unable to work on a full-time basis.  Your disability advocate can give you useful advise on selecting an "alleged onset date." Keep in mind that
  • Alleged onset dates can be changed by Social Security decision makers.
  • Alleged onset dates can also be changed by the claimant.
  • Alleged onset dates become "Established Onset Dates" (EODs) once they have been approved by Social Security decision makers.
  • You need medical evidence to establish an onset date.
  • You may not have worked at "substantial gainful activity" (SGA)* after the alleged onset date.
HELP WITH SSDI CLAIMS OR APPEALS 
*Substantial Gainful Activity or SGA in 2017 is defined as earning wages, salary, self-employment income, etc. of at least $1,170 per month from any paid work activity.  For statutorily blind individuals, this amount is $1,950 in 2017.  Non-earned income doesn't count.

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