I noticed some people in this group got over 3 years of back pay but i was told that you can only get something like 24 months. Which is it? Or is it state my state?
The best answer yet.
Back pay can only go back 12 months from application date if your approved onset date is before your application and/or it’s the number of months you waited until approval.
This is my timeline with that 12 months described above:
- Applied for SSDI on 12/08/2021. I claimed my alleged on set date was 09/18/2019 which was the last day I worked.
- Initial Denial on 11/15/2022
- Appealed for Reconsideration on 12/14/2022
- Reconsideration Denied on 07/14/2023
- Appealed for Hearing on 07/18/2023
- Hearing on 12/06/2023
- Found Fully Favorable by ALJ on 01/17/2024 with onset date of 09/18/2019.
I received back pay 37 months of back pay. 12/2020-01/2024 so 3 years and 1 month. The one month is my January 2024 payment because I started receiving monthly payments in March which is February’s payment. Benefits Payments for a given month are paid the following month. My April SSDI payment is paid in May.
To figure out how many months you could receive you need to know what you put down as your alleged onset date, and your application date. Just remember that with SSDI you begin payments on month 6th because of a 5 month waiting period. Since I was found disabled in 09/2019 and could only receive back pay 12 months before the application date, I already had the 5 month waiting period fulfilled. Hope this helps!
Thank you, this was very helpful
Backpay is backdated 12 months from application so it just depends on how long it takes to get approved. Some cases take a year, some take three times as long.
Many think backpay goes back years before even applying. They are 34 and want school records. Many say theirs went back years, but upon inquiring, they say this is their 2 or 3rd application process, so maybe some previous applications/denials can be overturned and paid further back. But it would be a rarity. So 12 months prior to applying as far as being paid?
People apply and different months, people are approved in different months, and people have different onset dates. So answer to your question, it depends on the variables
I think people get back pay and the 12-mo retro pay from application date mixed up. Not sure I worded that correctly.
They for sure do.
If date of disability is say Jan 2020 then backpay will start 6 months later cause 1st 6 months isn't paid. Then again onset date could be changed which will affect backpay. My onset was Feb 2019 then with 6 months would be Aug 2019 but my last day of work was June 2020 so that is what lawyer and judge agreed to. So any backpay I would get, if judge approves my case which I am waiting on, my backpay would start Dec 2020 which is over 3 years as of now.
Yes, and my onset was set on my 60th birthday. They used medical records from 2 years prior, but I can see and understand that my birthday allowed me to be approved. I was surprised to be approved on my initial application at 8 months, so I was not about to argue my onset.
Good Luck.
Thank you. Still praying every single day.
The judge and lawyer agreed on your dates, but you are still waiting (on what)?
Does date of disablity onset have to be your last day of work? I initially applied for SSDI in 2016 as I was first officially diagnosed with PTSD in 2015. I never completed the process and went back to work in 2017, eventually moving abroad to work (no reported earnings to SSDI). I did not earn over SGA until 2021 and earned over SGA in 2022 and 2023. I reapplied for SSDI in November 2023 as my last day of work this time was October 12, 2023. I believe my date of disability onset states that it was October 13, 2023. Does me earning over SGA negate the actual date of onset? I have records constantly showing treatment for PTSD including inpatient treatment from 2020 to current
You can technically claim any date as your alleged onset date but, no DDS adjudicator or judge will approve a date during a time you worked making SGA and over because then you are not technically disabled. The reason why people put their date as last day worked is because it’s the last day they could actually work making SGA. Your alleged onset date is also never set in stone. A DDS adjudicator or a judge could say that they believed you could’ve worked up until a different date. For example, I claimed mine was 09/18/2019 which was the last day I worked. My lawyer was concerned that the ALJ would change it to 07/01/2023, because that was the date I went inpatient. I was lucky enough to get the 2019 date because I was approved for both physical and mental conditions.
Thank you. This is helpful
I would talk to a lawyer. They may be able to fight that. With your application process not being completed and your earning over, it could get a little messy.
Up to 12 months before your initial application is submitted then add the months/years it takes for you to get approved. Also most eligible SSDI claimants have to deduct 5 months from that count, not really sure why but it’s a part of the process of payment.