4.2 Google RatedWhat if you can’t apply for Social Security right away when you become disabled? What if your application takes a long time? You may be entitled to Social Security Disability back pay. Back pay helps cover the income gap between when your disability began and when you actually start receiving benefits.
Our SSDI lawyers in Phoenix at Pekas Smith Disability Attorneys explain retroactive Social Security Disability payments.
Social Security Disability Back Pay
Back pay refers to the benefits you may receive for a period when you were disabled but not yet paid by Social Security. This can include:
- The time you were disabled before you filed your SSDI application
- The time your claim was pending while Social Security reviewed it
This retroactive compensation ensures you’re paid for benefits you earned but didn’t receive on time.
Most SSDI applications are initially processed within eight to twelve months, and most claims go to appeal or a hearing and take longer, resulting in more potential back pay.
The timing of your application and disability onset date directly affects how much back pay you receive.
Understanding the Established Onset Date (EOD)
If Social Security determines that you meet the requirements for disability, the Established Onset Date (EOD) is the date Social Security determines your disability began. This date plays a major role in how SSDI back pay is calculated.
Here’s how it works:
- SSDI benefits begin after a mandatory five-month waiting period
- Payments start in the sixth full month after your EOD
- Back pay can cover up to 12 months before your application date
- Only full months count toward back pay
Because of the waiting period, back pay starts after the first full month following those initial five months.
Back Pay During a Pending Application
It’s common for an SSDI application to take eight months to a few years to be awarded. After an application is awarded, an applicant may receive back pay for the months while their claim was under review and their application was pending. The months your claim was pending may be included in your back pay total—as long as they fall after the waiting period.
How Is Social Security Disability Back Pay Calculated?
SSDI back pay calculations can be complicated, but these are the basic rules:
- Back pay is paid at your approved monthly disability benefit rate
- Only full months count toward payment
- If you apply on the first day of a month, that month may count
- If you apply after the first, calculations begin the following month
The timing of your application and the onset date directly affect the amount of back pay you receive.
What Is the Maximum SSDI Back Pay?
The maximum back pay for SSDI is 12 months before the application, plus the remaining period during which the application is pending. Even if you were disabled for years before applying, SSDI limits retroactive payments to 12 months prior to your application date, minus the five-month waiting period.
Remember, the five-month waiting period may be subtracted from the months of retroactive pay. There are exceptions to the waiting period.
Examples of Social Security Disability Back Pay
Let’s look at a few examples.
Example 1:
A person is disabled for seven months before applying for benefits. They apply on the 15th of the seventh month of disability. There are six full months during which the person has been disabled, but a five-month waiting period applies. That leaves one full month of disability before the application is filed, after deducting the waiting period. The applicant may receive one month of back pay in addition to any period while their application is pending.
Example 2:
The applicant was disabled for two full months before filing for disability on the first day of the third month. Because of the five-month waiting period, the applicant can’t receive any back pay for the period before applying. The application takes six months to process and award. After the five-month waiting period from the EOD, the applicant may receive back pay for three months between filing the application and its approval.
Example 3:
A person has been disabled for 24 months due to a mental health condition before they apply for SSDI benefits. Their application takes six months to be approved – a total of 30 months. The maximum amount of back pay a person can receive is 12 months. Even with the five-month waiting period, the person may still receive 12 months of retroactive pay because they were disabled for more than 17 months before they applied. The person receives back pay for 12 months plus the six months the application was pending, for a total of 18 months of back pay.
Important Back Pay Rules To Know
- Disability back pay calculations are based on full months only. If you apply after the first of the month, that month doesn’t count toward the waiting period or toward benefits.
- Income may reduce back pay. If you qualify for Social Security Disability back pay, income earned during the back pay period may be subject to deduction.
- Back pay is usually paid as a lump sum. It may be issued separately from your ongoing monthly benefits.
How Can You Get Your SSDI Back Pay Faster?
- Submit a complete and accurate application.
- The sooner your application is processed and approved, the sooner you receive your back pay.
- Be sure to include thorough personal information, medical records, and employment history.
- Respond promptly to any requests for more information.
How a Disability Lawyer Can Help
Back pay can be a substantial part of your disability compensation. A disability lawyer can:
- Help prove your effective onset date. You will state an alleged onset date (AOD) with your application, and your lawyer can help you provide the evidence to establish the date you became disabled.
- Ensure back pay is calculated correctly.
- Help you understand how your retroactive pay should be awarded.
- Advocate for the maximum retroactive benefits allowed.
- Protect your rights to claim benefits during appeals or hearings.
Talk to a Disability Lawyer Today
If you have questions about Social Security Disability back pay, we invite you to talk to our Pekas Smith Disability Attorneys in Arizona.
For a consultation about your specific situation, call 602.962.2818 or message us today. See how legal representation can help you. Start your case today.
