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THE 5-MONTH WAITING PERIOD FOR SSDI

A lot of my clients are concerned when they hear that there is a 5 month "waiting period" for Social Security disability benefits.  

At first, it sounds like after you get approved for benefits, you have to wait 5 months to start getting paid.  That's not  always true.  I think it should be called an "elimination period," not a "waiting period."  It's confusing.

 An easy way to explain this would be:  If you have been disabled for 20 months, you will get 15 months of back pay.  If you have been disabled for 30 months, you will get 25 months of back pay, etc.  Simply take the number of months you have been disabled, according to Social Security, then deduct 5 months. That's your back pay.


The truth is, Social Security (SSDI) does not pay for the first 5 months of a disability.  So, if you are found to be disabled as of January 15, you will not be eligible for payment until July.  (January does not count as one of the 5 months because the waiting period requires 5 full months).  Keep in mind, however, that it often takes 4 months to get an application processed.  So, by the time you actually get a decision, you may almost past the 5 months.  So, there is not an additional 5 months to wait.

But here's another example.  Let's say you were found to have become disabled on January 15, 2015.  You had to appeal a denied claim, so your hearing wasn't held until February of 2017.  So, it took Social Security 2 years to give you a correct decision.  Here's what will happen:

February 2015 through June 2015 will be deducted from your back pay to satisfy the waiting period or "elimination period."  You become eligible for payment on July 1, 2015.  You just lost 5 months of back pay to the waiting period, but you will receive the rest of your back pay as soon as the payment can be processed.  You do not have to wait 5 more months to be paid.

Some people ask, are the 5 months of lost benefits used to pay the attorney or representative?  The answer is, No.  No one gets the 5 months; those benefits are simply not paid to anyone.  It's a way for the government to save money.

The waiting period applies only to SSDI or Title II benefits.  There is no such waiting period for SSI benefits.

I NEED HELP THAT IS SIMPLE TO UNDERSTAND 

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