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If I am approved, how much Social Security Disability back pay will I get?

By   /  March 3, 2016  /  938 Comments

Learn to count the months of Social Security Disability back pay you can receive and to figure your potential back pay.

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Watch the Video: “If I am approved, how much Social Security Disability back pay will I get?”

Maximim Number of Back-Pay Months Before Application

If you are approved, you can receive up to twelve months of Social Security Disability back pay for months prior to your date of application.

Counting Social Security Disability Back-Pay Months

When you are trying to figure how many months of back pay you will receive, count up the number of full calendar months between when your disability began and when you expect your first check. Then subtract five months. You have to subtract five months because Social Security does not pay the first five full calendar months of disability. Another thing to keep in mind is that Social Security pays for the prior month, not for the month in which you receive the payment. For example, if you expect to receive your back pay in April, it will include benefits only through March.

Secrets to Counting Back-Pay Months

Here are a couple more tips for counting months of back pay. The first is to remember that only full calendar months count; so if you became disabled in the middle of the month, your month of disability does not count as one of the five unpaid months. The second tip is an exception to the first rule. If you become disabled on the first or second day of a calendar month, Social Security will count the month you became disabled as month number one of the five-month unpaid waiting period. This means that, when you are counting up months of disability prior to your application, you can include the month you became disabled in the count.

Calculating the Amount of Social Security Disability Back Pay

The total amount of your Social Security back pay is the number of full calendar months between when you became disabled and the month in which you expect to receive your first check, minus five months, multiplied times the amount of your expected monthly Social Security disability payment. Remember to count your month of disability if you became disabled on the first or second day of the month.

If there has been a cost-of-living increase during your back pay period, the actual total of your Social Security Disability back pay will be a little less than estimated because not all months will be paid at the current rate. For additional information about cost-of-living increases, see our article “Will I Get Cost-of-Living Increases in My Social Security Benefit Check?”

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938 Comments

  1. Jennifer says:

    My ex died in 2012. My youngest son received survivor’s benefits into 2014. I did not know at the time I could apply for disability for him. During a meeting with SS in August of 2015 I told the lady about him and she said I should apply for disability for him while he was still young enough to get them under his dad. So he was evaluated in November 2015 and approved in December 2015, but of course it was not put in pay status because it was sent for federal review.

    He has had this problem his whole life, but it became worse in 2012 shortly before his dad died. There are ER visits used for documentation back into 2014. Do you know what they will consider as the date of disability? It’s already been under review from December through May and a lady I met with at the SS office yesterday said it could take several months for them to make a determination, but she said she has never seen it take more than a year. What do you think I can expect? I need to get him seeing some doctors and to pay for the bills I’ve already got for him.

    I want to know what you think they will consider as his date of disability and how long you think the wait may continue. The lady at the SS office yesterday said getting a lawyer won’t speed things up any and then I’d have legal fees as well. Thanks.

    • Kay Derochie says:

      Dear Jennifer,

      I would accept the representative’s statement about how long the “federal review” will take. (My guess is that the claim was randomly picked for a quality assurance review.) For approval, disability has to be established to have started before age twenty-two. Back pay cannot not go back farther than twelve months before the application was filed.

      Sincerely,
      Kay

      • Sharon says:

        Dear Kay I appliedfor Social Security disability I became unable to work on 12/ 2014 however they didn’t say I became disabled until October 17, 2015 then I had to wait five months before I got my first check when I called the Social Security office Friday and asked about back Pay the lady on the phone told me I wouldn’t be receiving any backpay could you tell me why that is thank you Sharon

        • Kay Derochie says:

          Dear Sharon,

          Back pay is paid for months of eligibility due before the first monthly payment is made. There is a five calendar month waiting period that is unpaid. With an October 17, 2015 disability onset, the five-month waiting period runs from November 2015 through April 2016, making May 2016 the first month for which payment is due. Social Security is paid in the month following the month for which the payment is due, so you will receive your first payment in June.

          You have the right to appeal the date of disability at Social Security established. If you think you are interested in appealing, I suggest that you get a copy of your claim file to see the exact reasons for the denial and to see whether all your earlier medical evidence is in file.

          Then it might be advisable to confer with a Social Security attorney to see if you have a good case for appealing. While you are doing these things be sure you do not miss the sixty-day time limit for appealing. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from your retroactive award before they send your back pay to you.

          Sincerely,
          Kay

  2. June says:

    I applied for disability Dec of 2013. Was approved May19, 2016. I have been drawing $700 monthly from my husbands VA spousal benefits since Feb. 2014. When I recieve my SSI and SSDI, will I have to pay money back to VA for the money I have drawn? Also, the lady that called today was for SSI only. She said the amount of benefits for SSI would be $46 per month. Do they get that figure by how much I draw from the VA? Thank you.

    Sincerely,
    June Lawson

    • Kay Derochie says:

      Dear June,

      All but $20 of the VA benefits is countable income for SSI. I would have figured $53 a month SSI ($733 maximum SSI reduced by $680 VA). I wonder if your exact VA amount is slightly more than $700.

      Sincerely,
      Kay

  3. ALICIA says:

    I was approved for SSDI and SSI in November. I started receiving the SSI in January but was told that my SSDI was going to be to much to continue receiving SSI. After all the deductions and the amount given to my attorney there is still a little over $2000 that has not been received. Do I need to contact them or will it come in July that was given by my original SSI paperwork?

    • ALICIA says:

      I should add that I have received a back payment from SSI and SSDI. The attorney was paid and the deduction for the two months of SSI was subtracted but this is the amount that is still left pending

    • Kay Derochie says:

      Dear Alicia,

      The second installment of the SSI is due six months after the first installment is paid. You can either wait for those six months to be up (July?) or you can try to get the remainder released early on the basis that you are no longer eligible for monthly SSI.

      Sincerely,
      Kay

  4. Trent Davidson says:

    I need advise please my post just disappeared while I was waiting for response please

    • Kay Derochie says:

      Dear Trent,

      Posts are not visible until they are answered. Please see my response of a moment ago.

      Sincerely,
      Kay

      • Amanda stephan says:

        Hello i was wordering if i have ssi n my daughter gets approve for ssi will she get $733 or would she get less she 5 years old
        I also have another question i sign up from her to get ssi at the end of dec 2015 but we didnt go in until feb 19 2016 an she get approve in june how much will she get in her backpay 7 months or 6 months or 5 months

        • Amanda stephan says:

          Also i recievce ssi off 733 will hers affect mines is she get approves

          • Kay Derochie says:

            Dear Amanda,

            Your child being approved for SSI will not affect your SSI payment amount.

            Sincerely,
            Kay

        • Kay Derochie says:

          Dear Amanda,

          If your only income is SSI and your daughter’s father is not in the household or providing child support and you are the only one paying for your daughter’s food and shelter (other than local welfare and food stamps) her benefit will be $733. If you started an application or made an appointment to file an application in mid-December, if approved, her benefits will start January 1, 2016.

          Sincerely,
          Kay

          • Amanda stephan says:

            Thank u for the information i have one more question if she does get approve will her info be on my social secuity acount

          • Kay Derochie says:

            Dear Amanda,

            If your child is approved for Supplemental Security Income (SSI), her claim will be under her own Social Security number.

            Sincerely,
            Kay

          • Amanda stephan says:

            She have ulster colitis an she bleed thru her butt an she also have anema an she have started this she was 3 year old wen the bleeding had started she was in the hospital 3 times for it an on like 3 or 4 different medicine an now she have to go into the hospital every 4 weeks to get her medicine she have to get an infusion for her medicine but like a week before she gets the medicin she starts to have belly pain an bleedin alil an she will not it she also had 2 colonospsty do u think she get medically approve

          • Kay Derochie says:

            Dear Amanda,

            I think there is a reasonable possibility that your daughter will be approved.

            Sincerely,
            Kay

  5. Trent Davidson says:

    Yes I’m 34 I have extreme hydranitis supppertiva.I suffer from this daily w scars .My dad had 14 skin grafts under each arm to remove and no success.It’s genetically given to me and affects my job my life and everything else .What can i do?

    • Kay Derochie says:

      Dear Trent,

      If you are unable to work and earn at least $1,130 gross per month, you can apply for Social Security Disability benefits. Information about apply can be found in the articles under the “Apply for SSD” tab at the top of this web page.

      Sincerely,
      Kay

  6. Greg says:

    I applied for SSDI on July 31st 2015 and it was my last day able to work. I lost my first 2 submissions and now I am waiting on the appeal for hearing. My attorney told me there is approx. 18 mo. waiting period. When I am approved will my back pay start counting after Jan 2016? and will I get back pay for 20 months if that’s how long it takes to get my hearing??? Thank you for your time

    • Kay Derochie says:

      Dear Greg,

      If July 31, 2015 is accepted as your disability date, your Social Security benefits will begin to accrue January 2016 after the five month unpaid waiting period.

      Sincerely,
      Kay

  7. Victoria Taylor says:

    Hi I applied for disability for my child 1!13!16 I haven’t heard anything but I should receive something by mail or a payment by 5/13/16 but I still haven’t heard anything its there a problem

    • Kay Derochie says:

      Dear Victoria,

      Most claims are processed within two to five months. Five months would be June 13. If you have not received a decision by then, ask for a status on the claim.

      Sincerely,
      Kay

  8. Kristin says:

    Hi Kay,
    I just applied for Social Security Disability for my infant son and checked on it today. We are waiting for a decision from the state. I have never done anything like this so, I don’t know what to expect. My husband’s Aunt works for Social Services in another state and seems to think he will be approved for benefits. He was born 2 months premature, was in N.I.C.U. for those 2 months, was sent home from N.I.C.U. on a heart monitor due to apnea’s and bradycardia’s (heart rate drops). He is also on medication for this to aid him in remembering to breathe but, he still has episodes. He has been in and out of the hospital since he was discharged from N.I.C.U. He has been admitted about 5 times due to his health. He also has 2 small holes in the atrium of his heart. The dr. Seems to think that they may close eventually by themself and if not, he may need surgery for this. He goes back to check on it in 6 months. He is also on medication that is to help keep his lungs dry from fluid and also medication for reflux, which he has pretty badly. In your honest opinion, what do you think his chances are of being approved for benefits and how does it work if you are approved? My son is now about 6 months old and has 6 different specialists he see’s. If he is denied, what steps should I take from there? Any help would be greatly appreciated. Thank you for your time,

    Kristin

    • Kay Derochie says:

      Dear Kristin,

      I think that your child may be medically eligible. If he is approved and it takes quite a while, you may be asked to submit a financial update before payment is calculated. SSI is calculated on a monthly basis so you have to report changes in income, assets, and living arrangements.

      If he is denied, talk with an experienced Social Security attorney to help with the appeal. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if your child is approved for benefits. Social Security law sets the amount your attorney can charge, and the Social Security Administration pays the attorney directly from his retroactive award before they send his back pay to you.

      Sincerely,
      Kay

      • Taniyah Roundtree says:

        Hi Kay I had a hearing on 5-19 for my child for ADHD plus a speech impediment I been trying since 2010 had has been denied I have her IEP from school year 2011 stating her speech was poor and then they still denied her she was help back in kindergarten and still struggling to keep up with other or her peers of the same age. She has been place in special classes this year in Jan so I would like to know if u think we would get approve the judge was very nice and he did allow me to submit her IEP which they never seem to look at in the first decision. So all in all how soon do u think it would take me to get a decision when they had all her medical reports since march?

        • Kay Derochie says:

          Dear Taniyah,

          The guideline for judges to make a decision is sixty days; however, many take longer. How long the judge has had the records doesn’t seem to be a determinant.

          Sincerely,
          Kay

  9. Shay M says:

    Kay, I am hoping that you can help me. I applied for SSDI in April 2014. I am just now going to a hearing on June 2016. Can you tell me if I am approved will I receive back pay and when would I start receiving my benefits. I have several medical issues and letter’s signed by my doctors so I am praying that I receive it. Thank you for your help and have a blessed day. Shay

    • Kay Derochie says:

      Dear Shay,

      If approved, your Social Security Disability (SSDI) back pay will begin to accrue the later of April 2013 or the sixth full calendar month after your date of disability onset as established by Social Security. It takes one to three months to get benefits started after you receive the hearing approval letter.

      Sincerely,
      Kay

  10. Eric S. says:

    I was speaking to another disabled person recently, who had to go back to SSA and get additional back pay, because they did not pay him the full amount. That got me thinking about my claim. It took a long time for me to get approved, even though I had many doctors backing my disability, they warned me it would be long and difficult because of my age at the time. I was finally approved in August 2005, however, months after my second appeal and a few months prior to my hearing, I received a letter od approval from the judge stated that he found me to be disabled as of the date on the letter from my doctor stating that I was no longer to work, which was April 1st, 2001. The letter also stated that my condition had been a disabling condition for a year prior to the date of the letter. So after the initial interview, and I sent in all of the infos they requested, including the letter, during our next phone appointment they stated that since I had already been disabled for a year prior to my application, that if I was not approved immediately, that backpay would begin to accrue from November 2000, because the first five months of the onset of my disability were noneligible. I applied for disability the following month; however, after all the dust had settled and I received the backpay for my children first just as they told me I would; however, the backpay only went back for 36 out of the 49 months (54 including the first five months that are noneligible) I was told I would be eligible for. I contacted social security and they rold me that 36 months was the maximum number of time allowed by law, so I never thought about it again until I spoke with the disabled individual and then started researching online, and even found a section on the SSA site which says there is no time limit (except the first 5 months) to how far backpay can accrue and when I ultimately came across your forum, the info here as pretty much confirmed it; somehow, I got shafted… How do I go about recovering these monies that went unpaid? And if I am told the same thing again, what do I say so they know I know what I am talking about? Also, I am not sure I understood your explanation of the COLA increases during the waiting period. Are they supposed to be applied to the backpay amount or so they not begin until you start getting paid? I only ask because looking back through those years, there were some decent size increases which did not reflect in the amount I began receiving, as it was the same amount SSA told me I would receive if found eligible. Any feedback, suggestions, or assistance would be greatly appreciated. Eric S.

    • Kay Derochie says:

      Dear Eric,

      Social Security benefits are limited to the later of the sixth full-calendar months of disability or twelve months before the initial application regardless of how many months or years earlier you became disabled. You are several years outside your appeals period, so if you still think you are owed more back pay, I don’t know that an appeal would be successful.

      You can be assured that you would have gotten any applicable COLA increases because the benefits are calculated by computer. If any COLA’s occurred between the first month you were entitled to benefits and the month benefits were first paid, they would automatically be built into the calculation. If you still have your award letter, check it as it would probably show you the calculation changes.

      Sincerely,
      Kay

  11. James says:

    Hello,

    I became disabled July 2014, and applied Nov 2015. I was approved April 2016. I was wondering if I well get back pay for the months that I was disabled and if so when will I be receiving them?

    • Kay Derochie says:

      Dear James,

      If you were approved with a July 2014 disability date, your benefits will begin to accrue January 2015. It can take from one to three months for SSDI benefits to start.

      Sincerely,
      Kay

  12. Randy scott says:

    Kay, i applied ssdi 5-2015 approved in 11-2015.my question is:i actually was disabled in 2013 & 2014, and was getting county general relief and food stamps and was medical evaluated by county doctors.will i get retroactive benefits for those 2 years, thanks Scott c

    • Kay Derochie says:

      Dear Randy,

      Th maximum retroactivity for Social Security Disability (SSDI) is twelve months prior to application. There is also an unpaid five-month waiting period following your established date of disability. If the established date is in November 2013 or earlier, your benefits will begin May 2014.

      Sincerely,
      Kay

  13. Edna says:

    Hi, I became disabled on 2/16/16 filed for state temporary disability I’m getting that now. On 3/3/16 I applied for ssdi as I have enough credits my disability is listed in blue book for spinal stenosis,DDD and CTS and diabetes and anxiety I was looking over my medical records and it says I had this since 2014 but my insurance company denied me an MRI. Do you think ssa will go back 12 months since its in my record and I was working in 2014 with the back pain I had too was just wondering and I’m 54 years of age. I’m confused since I was working in 2014 thank you I advance for hot answer.

    • Edna says:

      Sorry typo I meant thanks inadvance

    • Kay Derochie says:

      Dear Edna,

      If you want 2014 records to be reviewed, I suggest that you get them and submit them. If you were earning $1,130 gross in 2016 before February 16, 2016 and $1,090 gross in 2015, you will not be considered disabled before the date you stopped work. There is a five-month unpaid waiting period, so benefits will begin August 2016 if you are approved.

      Sincerely,
      Kay

  14. Greg Hayes says:

    Kay,

    Thanks for your time for all the great answers. Back in Sept. 2015 I started declining mental wise. I have been in and out of a mental Hospital and have been Diagnosed with several issues of ” PTSD” Bi-polar- social anxiety and Sever Panic attacks and Real or deep depression.Also from a period of 2004 till about 2010 i lived with my Dad and never really worked because i was isolated from the public. then from 2011 till Sept 2015 i worked part time for two days a week and the Trauma and stress came back hard. I signed up at the SS Office and now am awaiting a Mental Evaluation. If approved how do I even figure if any back pay? Can I go back to that time Frame from 2004- 2011 that i couldn’t work due to my Illness? also wondering if i should use a attorney on this, I was afraid if i did he would get most of my back pay? I was just wondering what to expect, The ladies at SS office has been super nice to me however i am worried about back pay. I would love to get some to give to my aging Dad who helped me for so long…………..Thanks Greg

    • Kay Derochie says:

      Dear Greg,

      If you have worked enough to be insured for Social Security Disability (SSDI), your benefits will begin the later of twelve months before you filed the application or the sixth full calendar month of your established onset (beginning) of disability as determined by Social Security. If you are eligible only for Supplemental Security Income (SSI), benefits will begin the month after the month of application except if you applied on the first of the month in which case benefits will start with the month of application.

      If you are denied, I recommend that you get an experienced Social Security attorney to help with the appeal. Attorneys fees are limited to the lesser of 25% of your back pay or $6,000.

      Sincerely,
      Kay

  15. Jessica says:

    Good evening, I have a question. If I applied for social security benefits the middle of December 2015. And I did not have to go to trial butt I was approved for social security benefits April 2016 but they told me I have to wait 6 months before I get any payment. So I have to wait until June 2016. My question is will I get back pay from like January 2016 until June 2016?

    • Kay Derochie says:

      Dear Jessica,

      The first five calendar months after disability began are not paid. The waiting period starts the month after the date Social Security established as the date you became disabled. (Except, ifyou became disabled on the first of that month, that month is the first month of the waiting period.) If you became disabled in December, benefits would begin for June 2016 and be paid in July. If your established date of disability was before or after December, the start date will be different.

      Sincerely,
      Kay

    • Amy says:

      Hey kay, for days I have debated weather to ask or not my question. ..I feel so stupid. ..I don’t know if I applied for ssi or ssdi…what’s worse after my hearing I have received a partially favorable decision with an onset date of Feb 16 2016 with enough insurance credit til Dec 2018…I don’t know what I am approved for. .all I have received is the answer from the judge. .woohoo I’m approved for something please tell me which or is it both…so freaking confused! Thanks in advance!

      • Kay Derochie says:

        Dear Amy,

        You have been approved for Social Security Disability (SSDI). The judge found that the first evidence of disability was February 16, 2016. The letter is also telling you that you were still insured for SSDI through December 2018, meaning you were insured on your disability date. SSDI benefits will begin to accrue August 2016 (paid in September 2016) because the first five calendar months after established disability are not paid.

        Check the letter to see if it also says you are eligible under Title XVI of the Social Security Act. If so, you were also approved for Supplemental Security Income (SSI) and SSI benefits will begin to accrue March 2016. SSI may stop when the SSDI starts if the SSDI is too high for continuing SSI eligibility.

        Sincerely,
        Kay

  16. Lisa says:

    Hi Kay,

    If you were denied either ssi or ssdi and then finally approve, how far back does the back pay go? I have a friend who has been filing for both ssi and ssdi for almost 3-4 years now. He kept getting denied and went all the way to the ALJ-denied also. He has now filed again but since he was denied at the ALJ step does that close out the case for any potential back pay with the new application. Can the DDS establish his onset date within the 3-4 years he was trying to get benefits. Even with starting a new application the onset date should be somewhere around the first time the application/disability started right or will it start all over with the new application. Sorry if confusing.

    • Kay Derochie says:

      Dear Lisa,

      The new application governs payment of benefits. Your friend has to claim a date of disability after the last denial, otherwise the claim will be denied res judicata (already decided). So if he is approved, the earliest established date of disability is likely to be after the dated of the last ALJ denial. Benefits will begin the later of twelve months before his most recent application or the sixth calendar month following the established date of disability for the new claim.

      Sincerely,
      Kay

  17. Rodney says:

    Hi Kay. Thanks again for your answers to my previous questions. I have a new one. I received my back pay in Feb. They withheld the max lawyer fee and a little more pending their investigation of my previous work comp cases from 2010 and 2004. My onset date is Jul 2013. My lawyer has yet to be paid and is now calling me wanting me to call Social Security to find out when they will be paid. Actually nice to get to tell someone, just have to play the waiting game now. Anyhow, what steps can an Attorney take to get their fee? Can they sue me because SS is taking so long? Thank You.

    • Kay Derochie says:

      Dear Rodney,

      Your attorney cannot try to get the fee from you as long as Social Security has not paid it to you.

      Sincerely,
      Kay

  18. londrae cloud says:

    Hi I received two of the three back pay installments of $2,668.00 may 21st 2015 and Nov 1 2015 in Im waiting for next month which will be the next 6 month pay period would u happen to know how much the third and final payment amount might be for

    • Kay Derochie says:

      Dear Londrae,

      Usually Social Security Disability back pay is not paid in installments and SSI back pay installments don’e exceed $2,199 so the amounts you quote puzzle me. That aside, if you can find your award letter, you can subtract the two amounts you have received from the total back pay cited in the letter to get to the amount still due.

      Sincerely,
      Kay

  19. Jonathan says:

    I was approved back in 2014 but did a disability time frame due to going back to work after a year and a half of being in a wheel chair i was able to walk again i am now having nuro issues again and filing a new claim due to productive work being shown for a year will i be denied for my new claim or will my previous claim help?

    • Kay Derochie says:

      Dear Jonathan,

      It is possible to be approved for a second period of disability after return to work. The prior claim as such doesn’t improve your chances of being approved; however, the medical condition on which the prior claim was based does provide important background for your current medical condition.

      Sincerely,
      Kay

  20. lauren minish says:

    Hello Kay,
    I have two questions.

    1. If I feel that the backpay I received is incorrect. Do I submit a appeal form like I did with my orginal case? What are the steps to question/appeal the amount paid in backpay

    2. If my uncle provided living expenses while I was waiting for approval as a loan. The ss administration is considering the monthly loans to count against my asset(s). What would the best way to explain that I paid living expensives/rent/utilites with the loan? Do I provide receipts?

    thank you for your help
    Lauren

    • Kay Derochie says:

      Dear Lauren,

      Yes, you can appeal using the same SSA-561 form. You need to be specific about why the back pay is incorrect and submit proofs to support your reasons. Apparently, on your Supplemental Security Income (SSI) claim, the loan being counted as income is the reason you think the back pay is wrong. If that is the case, you can get a statement from your uncle that states
      1) the amounts lent;
      2) the dates or at least the months of the loan;
      3) the money was a loan to be repaid at a certain time–the time can be as soon as you start to receive disability benefits; and
      4) assuming that you have received some back pay, that you have repaid part of the money and will repay the rest when the back pay is corrected.

      If the loan is more than the back pay and you can’t afford to make small payments on the balance out of ongoing monthly benefits. part of the loan may continue to be counted as income because it will not be a bonafide loan with the obligation to repay.

      Sincerely,
      Kay

      • Bay area says:

        hi Kate I was wondering if you can help me out i was on Social Security at the age of 11 and they cut me off at the age of 21 and I re apply this year and now I’m 27 will they approve me for Social Security and do I get back pay from 21 to 27??

        • Kay Derochie says:

          Dear Bay Area,

          Please see my response of a few minutes ago to your first post. Your prior claim was for Supplemental Security Income (SSI). If you are approved for SSI now, the benefits will start to accrue the month after your current application unless you applied on the first of the month in which case benefits will start the month of application. If you have worked and are insured for Social Security Disability (SSI), your benefits will begin the later of your sixth month of disability or twelve months before the month of application or the month you became insured.

          Sincerely,
          Kay

  21. Mary says:

    Kay, today I recd Partially Favorable decision from judge. I filed for on 3/11/2013. Claim denied 7/31,2013 upon reconsideration on 3/10,2014. Written request for hearing on 4/21/2014. Hearing on 3/1,2016. Judge says was NOT disabled prior to 4/30/2015. But disabled on 4/30/2015. How many months of back pay will I receive?

  22. alex zgrodek says:

    hi my name is alex zgrodek i have applied ssi on 2012 went back to jail after i got denied for ssi i applied again in 2014 now i have bipolar illiness hdhd i ahd led posion whne i was kid i still have defects from it now i was getting ssi untill i was 18 so my question is am i going to be able to get ssi bc i got it when i was kid and beacuse i have deppresstion too i havee 2 maf forums stateing that he didnt feel as if i shouldnt work plus i have a disk about all my mental illnesses and one ip from scghool says that im mr well if im mr why havent i got my ssi without court date how far dsoe the back pay go to?

    • Kay Derochie says:

      Dear Alex,

      Given the various physical and mental illnesses that you list, you may be eligible for Supplemental Security Income (SSI). SSI back pay goes back to the month following the month of application. If you are insured for Social Security Disability (SSDI), benefits begin to accrue the later of the sixth full calendar month following the date disability started or twelve months before application.

      Sincerely,
      Kay

  23. Tiffany says:

    I was awarded SSDI and I received a large back pay. My children receive SSI how long do I have to spend disability back-pay before it counts as a asset for my children.

    • Kay Derochie says:

      Dear Tiffany,

      For SSI recipients, SSDI back pay begins to count as a resource on the first day of the ninth month after receipt. It is probably the same for parents of SSI eligible children, but I suggest that you double check this with the Social Security Administration. The back pay does count as income in the month received so you will have an SSI overpayment to repay for that month. Note that you can retain total resources (back pay plus other countable resources) is $2,000 for yourself and $2,000 for each disabled child. (All the money will be yours, but amounts over $2,000 will be deemed to belong to the children. Just be sure not to be over the limits on the first of any month. Lastly, if the payment is very large, you might consider purchasing an excludable asset such as a house or car. (A second car would count toward the limits.)

      Sincerely,
      Kay

  24. Sharon says:

    Hi Kay – you are so knowledgeable with these questions. I really appreciate you taking your time out to help us get past this hurdle with Social Security. I am going in this week for a mental evaluation due to depression. What can I expect? I applied January 2016. I became disable October 2015. I am keeping my faith that I will be approved. I also have other things going on, I have a listing on the vocational grid rule. I’m over 50 and I had hip surgery where I have limitations and can’t sit, stoop, stand or walk for a long period of time with an impairment. I’m on meds and all affects my ability to function daily and work. Will all of this be taken into consideration for approval?

    Again, thank you so much for your help!!
    Sharon

    • Kay Derochie says:

      Dear Sharon,

      All of your mental and physical conditions will be considered. The consultative examination will be for evaluation purposes only and is likely to be a clinical interview. There will be not treatment offered.

      Sincerely,
      Kay

  25. kathy black says:

    will my back pay for social security disability be affected by drawing on my husbands retirement for our under age daughter during the same time

    • Kay Derochie says:

      Dear Kathy,

      If your daughter was the only one receiving benefits on your husband’s retirement account, her benefits will not affect your Social Security benefits. If you were drawing young spouse’s benefits also for having a child under age sixteen in your care, then they might. If they do, you will be paid the difference between your SSDI benefit and the young spouse’s benefits paid for the same months.

      Sincerely,
      Kay

  26. kathy black says:

    I was approved for social security disability and the back pay for 2 yrs. my husband had retired during that time and we had an under age child, I received a check in my name from his retirement for her is my back pay going to be affected because of my drawing on my husbands benefits for our daughter?

    • Kay Derochie says:

      Dear Kathy,

      Please see my response to your first post. Your being payee for your daughter’s benefits will not affect your own SSDI benefit.

      Sincerely,
      Kay

  27. Jared says:

    Hi Kay-

    Thanks in advance for your time, I would greatly appreciate any feedback.

    I applied for SSI and SSDI benefits in January 2014, I had a hearing with the ALJ in October 2015 and my benefits were approved. The onset date the hearing judge approved me for was a closed period starting May 2009 to December 2014.

    I got my SSI money, and I’m still waiting for the SSDI money which apparently amounts to 24 months ( $16k, January 2014 through December 2015). I’m not too sure how they got that calculation of 24 months. The hearing judge approved me for benefits starting May 2009.. So with that 5 month waiting period, shouldn’t I get retroactive back pay from November 2009 thru December 2013? Shouldn’t there be around 50 months of retroactive back pay?

    Apparently I should be getting that 16k for SSDI back pay (January 2014 thru Dec 2015) no later than the 15th of April, so in 2 weeks (Ill believe it when I see it haha).. How do I go about getting retroactive back pay for those 50 months or whatever it might be?? I don’t h ave an attorney, I’ve done everything by myself. Thanks in advance again!

    • Kay Derochie says:

      Dear Jared,

      Social Security Disability benefits are limited to twelve months prior to the month of initial application. SSI back pay begins with the month after the month of application unless you apply on the first of the month and then eligibility begins with the month of application. Your Social Security benefits are payable for January 2013 through December of the year you are last eligible. (You wrote 2013, 2014 and 2015.) Your Social Security back pay will be reduced by SSI back benefits paid for the same months, that is, February 2014 through last month of eligibility.

      Sincerely,
      Kay

  28. Julie McCoy says:

    I have a question about back pay. If your first filing date is back in February 2007 and you win an appeal in March 2016, how far back does the back pay go? I was told that they no longer went back to the filing date, that Social Security now will only do 1 – 2 years of back pay. Is this the case?

    • Kay Derochie says:

      Dear Julie,

      If the appeal you won was an appeal on a 2007 denied application and your disability date was established to date back that far, benefits would be due all the way back. However, if there was another new claim filed after February 2007 and it was the later claim that was appealed, benefits will be paid based on the later application.

      Sincerely,
      Kay

  29. Christina says:

    Hi!

    My adult son was just awarded both SSI and SSDI. He is only 20 years old. He has been working since he was 18 at a part-time job. My question is he was awarded $884 in SSI backpay and I was told that he will receive June SSDI benefits in July, to account for the 5 month waiting period. My question is will be subject to receive retroactive payments as his EOD was established as Oct. 3, 2005. I assume he is only possibly entitled to retroactive payment as far back as 12 or 17 months. Just trying to figure this all out. Thank you for your help.

    Christina

    • Kay Derochie says:

      Dear Christina,

      I am guessing from the information that you provided that your son didn’t become insured for Social Security Disability (SSDI) until recently so that the five-month waiting period started when he became insured (possibly January 2016) and ended with the month of May. If this is the case, there will be no retroactivity.

      Sincerely,
      Kay

    • Wendy says:

      So I live in Virginia I just got a fully favorable decision for only Ssdi. They took me back to December 2012. How long until I receive my back pay and will I get that before my first check? Also I was reading on here that if your child is still in school you can get money for them until they are 19. Is this true and what do I do. My son turned 18 in October 2015.

  30. Michelle Cobbs says:

    Hello,

    I have been approved for SSDI but I received some back pay from SSI. I then received a letter stating that they are still working on back pay benefits from SSDI and I will receive a letter as soon as they are finished. I have two questions. First question is , Will they deduct the back pay received from SSI from what I am awarded from SSDI or will I receive another large lump sum. Secondly how long can it take them to calculate my SSDI back benefits? I have 3 minor children and I was told they may be eligible for benefits too. Is that why it takes so long, or am I receiving the wrong information?

    Sincerely,
    Michelle

    • Kay Derochie says:

      Dear Michelle,

      Your SSDI back pay will be reduced by SSI back benefits paid for the same months. It typically takes a couple months before the SSDI back benefits are paid whether or not there are eligible children. If dependent benefits are payable on your earnings record, the children’s benefits will probably be paid after yours. They will be eligible for back benefits for the same months as you.

      Sincerely,
      Kay

    • Randy says:

      Hi I got approved ssi and ssdi,so Botha are $693.00 on 1st and on 3rd. Do I get same amount of each months

      • Kay Derochie says:

        Dear Randy,

        Your Social Security benefit will not change. If your income does not vary, your SSI benefit amount will stay the same.

        Sincerely,
        Kay

        Sincer

  31. J.d says:

    I just got approved for Social Security Disability benefits not SSDI. I was wondering since in California I have a income witholding order from child support are they still going to garnish my check. and will they take all my back pay as well or just part. Even if im on time with my payments?

    • Kay Derochie says:

      Dear J.D.,

      If you are making your child support payments directly to the custodial parent and not through the state and you are current with your payments, your Social Security Disability, which is SSDI, will probably not be garnished. If you are in arrears, then garnishment will occur according to the order. The amount that can be garnished is the maximum allowed under your state law or the Consumer Credit Protection Act (CCP). The CCP rate is 50% to 65% depending on whether or not you are supporting another child and/or spouse.

      Sincerely,
      Kay

    • Carrie says:

      My father has been getting SSDI since I was a child. I am 34 now. About 10 years ago, he got back payment checks in mine and my siblings names. We were all adults at this point. He told us it was his money and asked us to cash them and give him the money. We all did and he gave us each a small portion. Our check amounts were all different. Mine was around $3,000. My sibling just informed me that he got checks again. Why is Social Security sending him the checks in our names when we are all adults? He claims it is his money, so why aren’t they sending in his name? Is he obligated to hand these over to us? He can be very manipulative and greedy. I could sure use this money now as I am a single mom of 3. If he doesn’t hand over check, what can I do?

      • Kay Derochie says:

        Dear Carrie,

        The original checks were probably mailed to him because that was your last know address. If only your names were on the accounts, you could have cashed the checks and kept all the money. Regarding the current situation, it seems unlikely that dependent back benefits would be paid sixteen years after you came of age. However, I suggest that you discuss the matter with Social Security. Any back pay due to you and your siblings should be paid to each of you directly.

        Sincerely,
        Kay

        Sincerely,
        Kay

  32. Miranda says:

    Hi, I just want to know if my daughter has a learning disability and was diagnosed back 2010. Do they have to back pay me. Also my daughter was on a heart monitor when she was first born for 6 months. She’s also been having health issues since then. She is now 15 years old. Can I go back and get backpay?

    • Kay Derochie says:

      Dear Miranda,

      Supplemental Security Income (SSI) has no retroactivity. If you apply for SSI for your daughter and she is approved, her benefits will begin the month after application unless you apply on the first in which case benefits will begin the month of application.

      Sincerely,
      Kay

      • Deborah Barker says:

        Ivrecieved a partial favorable ssi settlement..i recievex my forst monthly and one n ack pau monies..ive been in a hotel for 7 months with my geandson we lost everything due to a mite infestTatuon..i need the rest of my back pay to move into a home and get furniture out of layaway so wrvhave something to sleep on..thry r giving me a hard time abd so rude..what can i do to get the rest of my back pay

        • Kay Derochie says:

          Dear Deborah,

          Take a list of the items you need to pay for (rental move-in costs, moving costs to get furniture out of storage). If possible, get a statement from the apartment manager as to the price of the apartment and all deposits. Request release of at least that much from Social Security. (Not that if you will not be eligible for ongoing SSI because the partially favorable decision says that you are no longer disabled, the entire amount of back pay should be released to you.)

          Sincerely,
          Kay

  33. Miesha Booker says:

    I got approved for Social Security on February 19th 2016I still haven’t got anything no letter or no payment

    • Kay Derochie says:

      Dear Miesha,

      If you have not received a payment or award letter by mid-to-late April, ask the local office to make an inquiry to the payment center.

      Sincerely,
      Kay

      • David I says:

        I have been on SSI for awhile but got a letter stating that when my dad gets approved for his total disability that sense I was disabled before age 22 I could get half his benefits.Will I get half his back pay also?? And it will be his 19 month how many months will he get back pay for?

        • Kay Derochie says:

          Dear David,

          You are entitled to Social Security disabled adult child benefits for all the same months as your father; however, the benefit may be reduced by SSI paid for the same period because it is a disability benefit. If your SSI is more than your dependent benefit on your father’s record, there will be no back pay. Ongoing, your SSI will be reduced or terminated depending on the amount of the Social Security.

          Sincerely,
          Kay

          • Alex Coles says:

            Hello Kay, I was wondering I got my SSI medically approved and I went in there to do the interview on March 8th everything was all said and done the case worker told me to wait up to two weeks for my information to process in the system since they had everything they needed it’s been two weeks and no payment it’s very frustrating since I have bills to pay with short deadlines

          • Kay Derochie says:

            Dear Alex,

            The time frame given was an estimate. If you do not have payment in another week, follow up with the claims representative.

            Sincerely,
            Kay

    • Lisa says:

      I am so sorry – I do not know how to post ( first post here) so I had to hit reply.
      I will try to make this short – I was disabled in 2001 and in 2010 I was helping with my dad in and out of the hospital ( he had Cancer) we lost him in May 2011. I fell to pieces and did not keep up on things and did not fill out my paperwork so I lost my disability. I could write a book on my next 5 years ( not good) then on Thanksgiving Day I lost my husband of 33 years in a horrible care accident. I called Social Security and they told me I would could Widows Disablity ( forgot the name) – I was on SSDI before I lost it. I filed early December and I have to prove I am disabled even though they had my records from when I was on it before. So, I filled out more paperwork ( a book) and all I have received is a letter with a numbers showing how to check on My account. I have 2 questions – how long will this take I have 0 income comeing in – my family is helping me right now – It is a LOAN from my family. Also, will I get backpay from back to 2010 if I do get approved again. I am only 51 years old, so that is why I have to prove I am disabled. They also said it would change over to my husbands. I have read on this board and noticed some get two checks. Any chance that will happen for me? Thanks for any help. I know this is a confusing letter and situation.

      • Kay Derochie says:

        Dear Lisa,

        Because it has been a long time since you worked, the only Social Security you will receive benefits, if approved, is on your husband’s earnings record. I suggest that you check to see whether you also applied for Supplemental Security Income (SSI). If so, SSI could be payable for the period of time between your application and when you get the first disabled widow’s benefit payment. If the widow’s benefits are below $753 (or slightly higher in states with SSI state supplements), you could receive an ongoing SSI benefit to supplement the Social Security. The widows benefits will start in November, the month of your husband’s death.

        Sincerely,
        Kay

  34. Angela Shoemake says:

    Greetings!!

    Recently I got my social security disability benefits approved and I received my check for retroactive. I have a daughter that is 16yrs old and I am not the custodial parent, the question is: there’s any law that establish the I have to pay the custodial parent the retroactive for my daughter if I don’t owe anything? That money have to go to the custodial parent anyways? Even I paid more than I was suppose to pay?

    If is there any law regarding this issue I would like to know which one, Please. Thanks!!

    • Kay Derochie says:

      Dear Angela,

      Your daughter’s Social Security dependents benefits by law are to be paid to the custodial parent for that parent to use for the child’s food, shelter, clothing, medical/ dental care, education, other basic needs and, if any is left, entertainment. You are obliged to give Social Security contact information for the custodial parent so that parent can apply to be payee for the child.

      Sincerely,
      Kay

      Sincerely,
      Kay

      • ashley says:

        We are supposed to be getting back pay however our son turns 18 in less than a month, will the monies go directly to him although approval was prior to his 18th birthday? we filed a few years ago while he was a minor. please advise.

        • Kay Derochie says:

          Dear Ashley,

          The payment is likely to go directly to your son. Also, if he is still in high school when he turns eighteen, you can file papers to prove he is still in high school and benefits will continue to the earlier of the month before he graduates or the month before he turns nineteen.

          Sincerely,
          Kay

    • jennifer says:

      I have a question but don’t know where the correct place to post it. I went for my hearing two days ago. I have chronic back and foot pain and other problems. The judge started out with broad questions to the guy who says what jobs I can do. The first few questions there were jobs available. The last question the judge asked was how many jobs would let me lay down 2-3 hours out of the day. He replied no jobs available. Is this a good sign I will get approved?

      • Kay Derochie says:

        Dear Jennifer,

        If the judge determines that the information in your claim file supports the need to lie down for two to three hours out of each day, then your claim is likely to be approved.

        Sincerely,
        Kay

  35. angela says:

    hello

    I was denied twice for disability .
    then I got an attorney who had put in for a hearing.
    got a date in September 2015.the judge approved my disability.
    so got my first payment from ssi for( $733 )the first month of oct 2015.
    then i started getting my ssdi( 1,424.)checks in oct 2015. then I got a check for ($2,199.00) in oct too.
    then i got a big check and it was from ssi back dated from may 2013 up to oct 2015. for ($21,662.)
    I was told that i was going to receive both ssi and ssdi back payments,
    because i never got any money for 3 yrs. now i got a letter saying i was only getting 1 big last check from ssdi for (18,598.)
    because they said i receive money from ssi for april 2013 through dec, 2015. so they cant pay me the rest of the money from ssdi.(20,242.)
    so are they right ??

    • Kay Derochie says:

      Dear Angela,

      It is correct that Social Security Disability (SSDI) back pay is reduced by the amount of Supplemental Security Income (SSI) back benefits paid for the same period. This includes SSI back pay that is paid in installments of $2,199 or less. If you have not yet received all your SSI back pay, you can request it all be released based on your no longer being eligible for SSI.

      Sincerely,
      Kay

      • Jay says:

        SSD was suspended since 2012. Provided medical proof and received notice that approved as of May 2012 and am only getting paid 902.50 and then 1402 a month. Reapplied November 2015. Was getting 1256 before 2012. Hoe could the back pay only be 902.50 for 4 years, even if they deducted the insurance premium.

        • Kay Derochie says:

          Dear Jay,

          I suggest that you wait ten days for a letter that shows the calculations. If you don’t receive one, go to your local Social Security office to find out what they show the $902.50 as being and to check to see if your back pay for the whole period is still pending.

          Sincerely,
          kay

          • terri says:

            My daugher got her first back pay on September 5,2015,when will she get her second back pay?

          • Kay Derochie says:

            Dear Terri,

            Your daughter should receive her next installment this month. If she does not, she should follow up with her local office.

            Sincerely,
            Kay

      • Jaclyn says:

        I apologize for jumping on this thread. I wasn’t sure how to start my own. I just had court today, but I thought backpay only goes back 12 month. How are people getting these large checks? I first applied in March of 2013. My atty had said there is no way they can deny me or he would take it all the way. I guess I’m just not understandING the backpay.

        • Kay Derochie says:

          Dear Jaclyn,

          Social Security Disability benefits begin the later of the sixth full calendar month of disability or twelve months before the initial application. This means that if you had been disabled for seventeen month at the time of your March 2013 application, your benefits could begin to accrue in March 2012. If not, then they will begin after the five-month waiting period, which begins with the established date of disability.

          Sincerely,
          Kay

  36. ron iver says:

    HI, My lawyer said I was approved for ssdi & ssi when in court recently, i’m 56 now but I think he told judge he wanted to go back to 3/4 2015 for start of back pay, (my birthday) disability even though I applied in 4/2014. he said I will get complicated letter requesting income amounts for 5 months in spring of 2014 that could make big difference, what does this mean ? thank you very much, ron.

    • Kay Derochie says:

      Dear Ron,

      I think your attorney is saying that the judge wants more information about your work earnings in 2014 to determine whether a disability date before March 4, 2015 can be established. When you send the information be sure to point out any payments from employers that are sick pay or short-term or long-term disability pay. I think that if your work precludes an earlier date of disability, you will be approved with a disability onset date of March 4, 2015.

      Sincerely,
      Kay

  37. lilmonsta62 says:

    My question concerns my adult son. My ex-husband applied for disability when our son was a minor. He got a lawyer and appealed the decision. He was awarded disability. My question is: now that he receives disability and was paid back pay, is our adult son entitled back pay since he was a minor when his dad initially filed when he was a minor? If so, how would he go about getting his money?

    • Kay Derochie says:

      Dear Lilmonsta,

      If your husband’s work earned a family maximum benefit higher than his own benefit, your son will be eligible for a dependent’s benefit for months before he turned age eighteen or if he was still in high school until the earlier of the month before his graduation or age nineteen. your husband can call Social Security at 1-800-772-1213 and ask the amount of his own Primary Insurance Amount (PIA) and the amount of his family maximum benefit (FMB). If the FMB is higher than the PIA, your son can take his father’s and his Social Security numbers and his birth certificate to a Social Security office and apply for dependent benefits.

      Sincerely,
      Kay

    • lilmonsta62 says:

      Thanx sooo much. I have another question: I was recently approved for ssdi, I’m now receiving ssi. Will the ssi be deducted from my ssdi when I get my ssdi?

      • Kay Derochie says:

        Dear Lilmonsta,

        Yes, your Social Security Disability (SSDI) will be reduced by the amount of Supplemental Security Income (SSI) that you received for months in which the benefits overlap. Your ongoing SSI benefits will then be reduced by the ongoing SSDI you receive.

        Sincerely,
        Kay

  38. Ms Wilson says:

    I have a question. Maybe someone can enlighten me. My brother had been fighting Social Security for his disability for about 15 yrs. He had been denied denied. He kept on with it and then one day in 2002 he was incarcerated in prison. The following month I got a letter from SS stated that he had been approved for disability and all his backpay. He came home in 2015 May and he never received this backpay nor income. He does get Disability but what about all his money all those years he was fighting for his disability. Can they just not give him his money. That is not right. Your feed back is needed. Help

    • Kay Derochie says:

      Dear Ms. Wilson,

      Your brother can be paid back benefits from the date his approval letter says benefit entitlement began until he was convicted of the crime and incarcerated. I suggest that you and he take the approval letter and his release documents to the Social Security office and request release of the funds. It may take two or three months or more to get them paid.

      Sincerely,
      Kay

    • i filed for social security disability and looked online today and it doesnt say anything about back pay and it say march 1 i would be getting 733 thats ssi to me i dont understand it

      • Kay Derochie says:

        Dear Scott,

        Apparently you applied for both Social Security Disability (SSDI) and Supplemental Security Income (SSI) disability. SSI is always paid first. The $733 is a monthly SSI benefit. The SSI back pay will be paid next and then the SSDI monthly benefit followed by the SSDI back pay. The whole process will likely take at least two months, maybe more. As the payments are authorized, they will show up online.

        Sincerely,
        Kay

        • i never signed up for ssi they did it on their own and they being ssa said i would be getting ssdi for sure my back pay would be ssdi and this day forward it wwould be ssdi but if it wasnt up to some requirement that ssi would throw in the rest and what about my kids and wife do they gets checks as well atleast thats how i feel they beeing ssa explained it to me nothing about ssi payback

          • Kay Derochie says:

            Dear Scott,

            When you apply for Social Security Disability (SDDI), you are automatically screened for Supplemental Security Income (SSI) and an application is taken unless your decline applying for SSI. If your Social Security taxed earnings were sufficient to provide dependent benefits, your minor children will be eligible for dependent benefits on your Social Security earnings record. Your wife will be eligible if her work earnings are not too high and either she is age sixty-two or one of your children is under age sixteen.

            Sincerely,
            Kay

          • Reggie says:

            Hi Kay. I apologize if I’ve inappropriately posted my questions. I recently received a copy of RR (Rail Road) computations of my work history from my attorney. I have never worked for any Rail Road company. These RR computations show my (PIA), (FMB) 2x higher than the original or SSA web site computations. So my questions are: Why this type of computations? And are these computations accurate?

          • Kay Derochie says:

            Dear Reggie,

            Think back to try to remember whether you might have worked in a railway station or anything that could remotely be related to the railroad. If not, it appears that someone else’s earnings were accidentally reported under your Social Security number. I suggest that you call the Railroad Board office nearest to you and ask whether there any occupations covered bh the Railroad Retirement System that are not obvious. If not, you need to give them a copy of the report you received so they can sort out the earnings. You also need to report this to Social Security because Railroad and Social Security credits are combined.

            Sincerely,
            Kay

  39. Richard says:

    I believe my back pay didn’t back up far enough when I received it in 2010. Back then I was told that I had to file an appeal and that doing so may jeopardize my current SSDI benefits so I didn’t go forward. How do I safely have this looked into?

    • Kay Derochie says:

      Dear Richard,

      You are out of your appeals period to appeal your disability onset date, so I don’t think that you have any recourse now. However, you could confer with a Social Security attorney about the matter.

      Sincerely,
      Kay

  40. Kathleen McCall says:

    When you get approved for ssi in California does one also get approved for medi cal?

    • Kay Derochie says:

      Dear Kathleen,

      Yes, typically if a person is eligible for Supplemental Security Income (SSI), Medicaid (called Medi-Cal in California) coverage is also provided. Check with your Social Security office to find out ft coverage is automatic or you have to file an application with the State of California.

      Sincerely,
      Kay

  41. Kathleen McCall says:

    Hello I filed under my fathers ssi as a disabled child. I was finally approved it took 14 months to process. However I am not sure why the payments are not retroactive to the age of 22 when I became disabled due to bipolar disorder. Don’t they pay you back from your date of disability which for me was diagnosed and confirmed at 22 not the filing date of 14 months ago? I’m confused.

    • Kay Derochie says:

      Dear Kathleen,

      Dependent benefits have a maximum retroactivity of six months before the date of application even if you are found to have become disabled before then.

      Sincerely,
      Kay

      • Nelle says:

        Hi Kay,
        I got sick in August of 2013 and was diagnosed with an autoimmune disease in October of 2013, my disability was denied twice. I got an attorney who had put in for a hearing date in September of 2014. I just went to court for my hearing on January 14, 2016 and the judge approved my disability. I have my interview with the SS office this coming Wednesday, and I wanted to know what’s the estimated payment I can expect since I just turned 25 a few weeks ago and my attorney said I don’t have enough work credits? Also I had to move back in with my parents because I could no longer afford my rent on my own, and now I have to move back out and I wanted to know how does SS help with that as well?

        • Kay Derochie says:

          Dear Nelle,

          The maximum Supplemental Security Income (SSI) federal benefit is $733 and is paid to individuals without other income and who are paying for their own shelter and food or paying for food with food stamps. SSI is calculated on a monthly basis. Months that you got free housing from your parents will be paid at a maximum of $488. You will be eligible for SSI back pay and you can use that money to cover your moving costs. Once you start to pay for your rent and shelter utilities and food yourself, your SSI will increase to the maximum again if you do not have other income.

          Sincerely,
          Kay

          Sincerely,
          Kay

          • Nelle says:

            Thank you so much

          • Kay Derochie says:

            You are welcome, Nelle.

          • chrissy forrest says:

            I have a question and I didn’t know where to ho to ask I was just recently approved for ssi and Ssdi while I was awaiting for approval I was tevieving TCA from the state of Maryland, no that I was awarded I’ve been told I have to pay back the TCA, now I have to pay back the TCA just for me or what I collected for me and my daughter. I was told this is being taken out of my backpay. Thank you for any help.

            Thanks,
            Chrissy

          • Kay Derochie says:

            Dear Chrissy,

            I suggest that you ask the agency that was paying the cash assistance whether they will claim repayment of the entire family assistance or just your portion.

            Sincerely,
            Kay

    • Nancy says:

      Hi, I was just approved for my disability I did not have to go to court, the only thing I have been told so far is I will get $948 a month and they will go back to Nov. 2013. I was wondering how to figure about how much backpay I should get and how long does it take to get the backpay is it paid in lumpsum or payments. Thank You.

      • Kay Derochie says:

        Dear Nancy,

        Social Security benefits will begin to accrue the later of the sixth full calendar month after you established date of disability or twelve months before the month of your application. The amount of back pay will be somewhat less than $948 times the number of months between when benefits start and the month before your first monthly benefits. Social Security back pay is paid in a single lump sum.

        Sincerely,
        Kay

  42. Anthony says:

    I was receiving SSI for over a decade due to being disabled since a child, and then my mother retired a couple years ago. I just got approved for the disabled adult child thing recently, and the monthly benefit amount is set at $275 (Received in full today). But the letter I received stated that I was due back pay from December 2014 to December 2015, and I only got $260 in back pay. So I’m completely confused.

    Also everywhere says concurrent SSI/SSD can’t be more than SSI itself, but nothing was reduced. I still received the full SSI amount of $733 last Friday, and the full $275 of social security today. So that has me a bit surprised. The only reasoning that comes to mind is that it is because it’s disabled adult child/auxiliary benefits, and not regular ssdi. I don’t know for sure though. Is that why?

    And why would I only get $260 in back pay? Cause 12 x 275 = 3,300
    Isn’t the DAC, or SSI supposed to of been reduced too?

    Seems like there have been some mistakes made throughout this whole process, but maybe you can make sense of it.

    • Kay Derochie says:

      Dear Anthony,

      As long as your income allows you to be eligible for SSI, income received in one month changes the SSI payment amount two months later. This arrangement is intended to prevent or reduce overpayments. This means that in February and March your SSI will not be reduced and then you will see a $255 reduction in the April. (The first $20 of your DAC benefit is excluded.) I would actually have expected that no DAC back benefits would have been payable because the SSI you received for the same month was more. I suggest that you take your letter to Social Security for an explanation. Note that if you are actually eligible for $260 back pay, one SSI month will be even lower, so you might want to save the $260 for use in that month.

      Sincerely,
      Kay

  43. T.Jackson says:

    I received my fist disability payment Oct 20,2015 I was told I would receive back pay but the second week of Dec. I’ve yet to receive anything every time I call they say its been processed or its at the payment center. What shall I do next about that? Also I’ve been diagnosed with epilepsy my question is how do I go about updating disability with the information and will this change my monthly payment?

    • Kay Derochie says:

      Dear T.,

      There is no need to report the change in your health at the present time because it will not change your payment amount. If your claim ever undergoes a continuing disability review, list the new condition at that time. If you haven’t received your Social Security back pay by the end of February, you might contact you congressperson’s office to see whether they will look into payment for you.

      Sincerely,
      Kay

      Sincerely,
      Kay

  44. Melissa says:

    My ex owes back child support and has been court ordered to pay and even arrested because of not paying. Now he’s bragging to everyone he is getting Social Security Disability and doesn’t have to work or pay any child support. How can I find out if he is getting this benefit and to apply for my child support money?

    • Kay Derochie says:

      Dear Melissa,

      Let the court know that your ex is receiving Social Security and ask them to request that Social Security garnish his Social Security benefits to collect the support. Also, your ex may be getting dependent benefits for the children. The way to find out is apply to be the payee for your children’s Social Security dependent benefits. Take your children’s social security numbers and, if you have it, your ex’s number, and any proof you have that the children live with you, such as school records showing their address. If no benefits are being paid for the children, you will probably be told.

      Sincerely,
      Kay

  45. John Doe says:

    I filed in 2010 for schizophrenia. I’ve been struggling to hold down a job. I wasn’t working up until 2015. I’m currently working but with difficulties. Would I still be able to receive ssdi or at least backpay? I amounted a lot of debt for 5 years for not bringing in income. I need backpay to pay off my debt.

    • Kay Derochie says:

      Dear John.

      I assume from what you posted that you have a Social Security appeal pending. If that is the case, you might be approved for a closed period of disability with back pay only or you might be approved for ongoing benefits with the first nine months of your return to work being treated as a Trial Work Period (TWP) with continued benefits. If that is the case, benefits could also be paid for any month in the thirty-six months after the TWP that you did not gross $1,090. You can learn more about Social Security return-to-work incentives in the Red Book, which is available from your local Social Security office or online at http://www.ssa.gov.

      Sincerely,
      Kay

  46. Damien Vander velden says:

    I recently did my update record at ssa office. I thought i was getting.just disability, but he.told me I was getting ssi, and social security disability. I am due 2199.00 for back pay he said within 3-5 days. I owe about 2400 in back child support. I know they can’t touch ssi, i don’t even know if social security disability is the same as ssdi? In none of my paperwork does it refer to it as ssdi, I know they can take sum of your lump sum…can what percentage can they take of my social security disability..if that is indeed ssdi.. can they take all 2199.00?

    • Kay Derochie says:

      Dear Damien,

      Supplemental Security Income (SSI) cannot be garnished for child support. The $2,199 back pay is SSI. Your Social Security Disability (SSDI) back pay and ongoing benefits can be garnished for back child support at a rate of 60% if you are not supporting other children, in which case it would be 50%. Before garnishment is applied, the SSDI back pay will be reduced for SSI back benefits paid for the same months (including any SSI to be paid in installments).

      Sincerely,
      Kay

      • saleema s williams says:

        ok i was fighting for 5 years for my child ssi i win the court approved nov 13 and i want to the social security office on 12/8/15 for bring all my house hold thing in but now i didnt here anything from nobody no ssi payment yet or back money it past 60 days from court approved

        • Kay Derochie says:

          Dear Saleema,

          If you do not receive a monthly benefit for your son on February 1, I suggest that you follow up with the local office. Back pay will be paid after the monthly benefits start.

          Sincerely,
          Kay

  47. Lily says:

    Hi Kay, I was told that I am entitled to half of my husbands back pay if he is approved for SSD & I seen that you can ask questions on here, so that’s what I’ve decided to do. My husband & I split up about 5 1/2 months ago due to him putting his hands on me, his injuries were from 2009, I took care of him, I was diagnosed in 2013 with breast cancer, osteoporosis, had a mastectomy & we have a special needs son, but my husband decided he didn’t want to help take care of us anymore, I had to get a protective order on him, he was vacated from the home, he has multiple psychological disorders & stopped taking all his medication for the disorders the evening he was vacated from the home. Anyway, our son receives SSI & I started receiving SSI after recently being approved, but what I want to know is, am I entitled to half of my husbands back pay if he is found disabled & awarded SSD & what about our special needs son who will be 18 next month also, is he entitled to anything from his father, whom is also not paying child support? Please help me to understand all of this because I was told that the back pay is considered marital property, but if my husband gets his back pay before I get what I’m entitled to, he will spend it, hide it, etc. & I won’t see a dime to help take care of me & our son. I hope you can help me! Thank you, Lily

    • Kay Derochie says:

      Dear Lily,

      Your son may be eligible for Social Security Disability dependent benefit first based on being a minor and then as a disabled adult child because his disability began before age twenty-two. If you are either age sixty-two or you take care of your disabled child (soon to be disabled adult child), you could be eligible for benefits also. The determining factor will be if your husband’s work history was sufficient to have provided a family maximum benefit higher than his own benefit. If so, dependent benefits will be payable. If you and/or your son are eligible the benefit is separate from your husband’s and will be paid for the same back months as his benefit.

      As far as your right to any of your husband’s back pay, I suggest that you consult with a divorce attorney.

      Sincerely,
      Kay

  48. Micah D says:

    Hi Kay. After reading conflicting and/or partial responses related to my situation on Avvo, I’m hoping you can help. Ex. I no longer receive LTD payments but was just approved SSDI. If LTD paid me 2yrs total of $28,000, my SSDI backpay award is $36,000 (which includes a few months that don’t overlap) & children receive $18,000, is LTD entitled to all of this backpay or just what they actually paid out ($28,000)? Policy says “full offset”, but does that mean LTD would’ve deducted my & my kids monthly SSDI payment if LTD was still paying? Or does it mean they get everything paid from SSDI…the entire $54000? Thanks!

    • Kay Derochie says:

      Dear Micah,

      You will only have to repay the amount of LTD that was paid to you for months that overlap with Social Security eligibilitymonths–or possibly less than that if your LTD policy has a minimum benefit provision.

      Sincerely,
      Kay

      • Micah D says:

        Thanks sooo much for the quick response! I greatly appreciate the clarification.

        • Kay Derochie says:

          You are welcome, Micah.

          • Robin Mason says:

            The above question about LTD has been recently bothering me. I paid for 14 years of LTD for “just in case like we do for ins.” After I was told I was accepted to SSDI , I was also told I must pay back my LTD which my pay was FAR greater than SSDI.
            I paid the risk, why was I penalized and had to give back everything? I had a melt down on the job, and I feel like, that I was smart enough to cover my rear end, the company I worked for said that since it was a mental disability, I could only receive 2 yrs, If it were something else, say my back for instance, it would continue on. I have just started wondering these type of things since I read a pamphlet on the changes to happen in SS for 2016. Maybe you can help me understand. Thank you Robin

          • Kay Derochie says:

            Dear Robin,

            The things you are asking about have to do with your long-term disability (LTD) policy not with Social Security. Most LTD policies integrate payment of LTD with Social Security. That means that when you are approved for Social Security, you have to repay the portion of your LTD that is equal to the Social Security for months you were eligible for both. (This would not be all the LTD your received.) If this were not the case, your LTD premiums would have been much higher. The same is true about the two-year limit for mental illness–if payment for mental illness were not limited to two years, your premiums would have been higher. Fortunately, Social Security does not limit payment for mental disabilities.

            Sincerely,
            Kay

  49. Sue says:

    My ex husband applied for SS disability benefits approx 1 year ago. He passed away before approval, which has now come through.

    I have custody of our minor child and have just learned she could be eligibility for some portion of the disability payments.

    Would that include a lump sum for the retroactive payments? 75% of the monthly benefit until 18 and graduated from high school?

    Thank you

    • Kay Derochie says:

      Dear Sue,

      Yes, your daughter should be eligible for all the back pay due to her father as well as back pay due her as a dependent during his lifetime and the 75% survivor benefit until she is eighteen (or nineteen if she is still in high school). If you haven’t already, you need to apply for the underpayments and survivor benefits on her behalf and apply to be her payee.

      Sincerely,
      Kay

      • Cheryl says:

        Hello I have a question, I wanted to know if Your spouse receives s.s.I benefits and not s.s. because he didn’t put in enough work, and he become decease before he gets his sum some, are you and your child in titled to it!!!

        • Cheryl says:

          Hello I was wondering why is it saying My comment is awaiting moderation!!!

          • Kay Derochie says:

            Dear Cheryl,

            Comments are not posted and visible until they have been read and answered.

            Sincerely,
            Kay

        • Kay Derochie says:

          Dear Cheryl,

          Supplemental Security Income (SSI) underpayments due to death are paid only to the deceased’s spouse if the spouse was living with the deceased in the month of death or within six months before death. The spouse can apply for the ont-time underpayment in the deceased Social Security office.

          Sincerely,
          Kay

  50. Freedom of speech says:

    I have a important question please! I was told I was Approved for SSD, by the social security Office. That’s what I applied for, I got my Approval letter from the Judge, for fully favorable decision! I also did the SSI phone call, with social security Office, about SSI. Because my SSD amount was so low ( $697 ) a month, I was told I was Approved for SSI, based on my income and resources. I was told that my SSI would come out of my SSD back pay, and I was ok with that, it would make my monthly Disability payment ( $753 ) with SSD and SSI together. Well here is where I’m confused Kay, I’m getting ( $488.67 ) a mouth for now, until my SSD Disability starts up in June/July, because they hold back five months. But HERE is my question, I just wanted to explain everything first, so you had good information to answer my question. My question IS, I got a letter in the mail today, telling me about the SSI back pay breakdown. It’s ( $10,678.74 ), but in the letter it has a part that says THIS ( The application you filed for SSI was also a claim for social security benefits. We looked into this, and decided you can’t get any social security benefits. If you disagree with this decision, you have the right to appeal. ) So can you PLEASE explain THIS to me?? I just talked to a social security worker again last week, checking on when I would get my back pay, and the SSD was still THERE, they were dealing with it, figuring out how much SSI would come out of the SSD back pay. I worked ENOUGH to get SSD, EVEN though it was a small payment every mouth, they CAN’T just take AWAY MY SSD, I worked for THAT, it’s a entitlement, unlike SSI which IS needs based. So was this letter talking about me NOT getting ANY SSD back pay, because of the SSI coming OUT of the SSD, or ARE they really saying I’m NOT going to get MY SSD payments at ALL?? Please please help me understand THIS Kay. Thank you SO much in advance.

    • Kay Derochie says:

      Dear Freedom of Speech,

      Based on what you are telling me I think that the part of the SSI letter that said you are not eligible for Social Security is an error. To a degree the letters are form letters and it appears the wrong paragraph format was put in. I don’t think it refers to the back pay offset.

      n theory you could appeal the denial embedded in the SSI letter, but that is likely to slow everything down. You have sixty days to appeal so that gives a fair amount of time for the Social Security to start. In the meantime, you could take the letter to your Social Security office and ask if they explain.

      Sincerely,
      Kay

      • Freedom of speech says:

        I talked to them on the phone, the other Day. And they said I’m still going to get my SSD, that it’s still processing. So should I still take the letter to the SS office anyway? I don’t want anything to happen, and get messed up, and me not get my SSD, that I AM entitled too! The lady said it meant, that I’m not getting SSD back pay, because the SSD and SSI are together? And the SSI was coming out of the SSD, so I’m getting SSI back pay instead? But that my SSD WILL start coming in August, I think I heard and understood her right? I’m confused! But could they have really made a mistake, and Iewon’t get my SSD in August? If that happens, in August can I have them fix THEIR mistake? And then will THEY have to give me MY SSD???

        • Kay Derochie says:

          Dear Freedom,

          Social Security back pay is offset (reduced) by SSI back pay for the same period;however, without all the details, I can’t explain by Social Security would not start until August.

          Sincerely,
          Kay

  51. Kristina says:

    OK i am kinda confused… ok I was diagnosed with a mental disability when I was 15 and I am now 24 I never knew I could file for ssi or ssd till now…. I have two children and my daughter gets a survivors check off her dad. So what I am asking is since my disability goes back so far can I still recieve that back pay. And will both of my children or just one be eligible to recieve a check off of me…
    This is all confusing to me and very aaggrivating. Thank you in advance!

    • Kay Derochie says:

      Dear Kristina,

      For you to receive Social Security Disability (SSDI) and your children to receive benefits from your earnings record, you have to have worked enough in Social Security-taxed work. If you are unmarried and have a parent who is deceased or receiving Social Security and you have not worked or have had very short jobs that ended due to your disability, you can apply for disabled adult child benefits on the earnings record of your parent. Otherwise, you can apply for Supplemental Security Income (SSI) disability benefits, which does not pay dependent benefits.

      Sincerely,
      Kay

      • Kristina says:

        Thank you so much for your help. I’ve never really been able to hold a job because I am not able yo handle being in intense situations for long periods of times and I can’t not be aararound a lot of people as well…. thank you so much for your help!

  52. Joan says:

    I have been on Disability insurance from an ins. company LTD and SS when does the LTD end?

    • Kay Derochie says:

      Dear Joan,

      Your long-term disability (LTD) policy will tell you when the LTD ends. Ask you insurance company to send you a copy of the complete policy. There should be a provision called “when benefits end” or something similar (not “when insurance ends”).

      Sincerely,
      Kay

  53. Sakari says:

    Hi. I was approved for SSDI only after an ALJ hearing in June of 2015. I got my first payment in October of 2015. The judge decided I became disabled in March of 2013. I haven’t gotten any back pay yet. Part of my disability affects my auditory processing so I can’t make a phone call to check. When I go to the office and wait, by the time it’s my turn I’m too confused by the sound to ask my question clearly. How can I find out about where the back pay is. I would really like to get it so I can see a specialist in another state. Thank you in advance for any advice.

    • Kay Derochie says:

      Dear Sakari,

      I suggest going back to the office and getting there ten minutes before they open so you are the first or nearly the first to be seen and taking someone with you who can ask the questions and write down the answers for you.

      Sincerely,
      Kay

  54. Marcel Bacote says:

    Dear Kay
    I’m a veteran I’ve applied for social security due to my back and also mental issues sustained form Afghanistan I originally spoiled in 2011 but was denied multiple times but I hired a lawyer I just want to know what happens after I’m approved how do the monthly and retroactive work in my case

    • Kay Derochie says:

      Dear Marcel,

      If you are approved, monthly benefits will begin first. About one to two months later any back pay due will be paid. Benefits begin to accrue the later of the sixth full calendar month of disability or twelve months before the month of application.

      Sincerely,
      Kay

  55. Veronica says:

    My mom has applied for disability 3 times and they rejected her. she went to her court hearing where she was approved finally after all those years on this year of 2015 they said she would either get her lump sum on before the 10th or after the 10th of December. 2 days before the tenth they called and said she had to wait 60 to 90 days.They told her exactly on the tenth and changed it. Im trying to find out does she really have to wait 60 to 90 days?

    • Kay Derochie says:

      Dear Veronica,

      The call your mother received was likely an acknowledgement of what she was previously told and a sort of update. It is also likely that she was told the longest anticipated time frame, so benefits could start sooner. That said, she should be prepared to wait the length of time estimated.

      Sincerely,
      Kay

  56. Michael Key says:

    I became disabled on July 2, 2013. I filed my application for disability in September 2013. I was denied twice and requested a hearing in June of 2014. My question is will I will receive backpay starting 5 months after July 2, 2013 or September 2013. Also is there a limit on how many months of backpay a person is entitled to? I have been told by someone that no matter how many months it has been since I filed, I will only get backpay for 18 months. Is this true?

    • Kay Derochie says:

      Dear Michael,

      Social Security Disability benefits begin to accrue the later of the sixth full calendar month of disability and twelve months before the initial application. If Social Security accepts July 2, 2013 as your disability date, your benefits will begin to accrue on January 1, 2014, the sixth full calendar month after you became disabled.

      Sincerely,
      Kay

  57. Travis Babb says:

    Kay my wife rec fully favorable ssdi decision on nov 3rd 2015 after two hearings with alj. Application date is August 2013 but onset date is April 2010 as established by alj. Haven’t received award letter or any payments. Question is will she rec back pay from December 2012 or August 2010?

    • Kay Derochie says:

      Dear Travis,

      Your wife’s Social Security benefits will begin to accrue August 2012, twelve months before her application, which is the maximum retroactivity.

      Sincerely,
      Kay

  58. joseph says:

    Hi. I have a question regarding the definition of back payments under SSDI and the amount of Attorney Fees that can be charged on the back payments.

    I am a FERS Employee and worked for 22 years with the US Dept of The Treasury. I could no longer function at my job due to a disability so I applied for Federal Disability Retirement. As a result of that application, I was also required to concurrently file for Social Security Disability Income (SSDI). My application for Federal Disability Retirement was approved and I received payments for federal retirement shortly after my separation from service.

    Thereafter, the Social Security Administration began to evaluation my application for SSDI. As such, I was asked to provide various information, answer questions and appear at various physician appointments for evaluation by state physicians. Finally after almost a year, the Social Security Administration denied my application for SSDI. Thus, I got an attorney and asked for a reconsideration of the decision. That appeal was successful and I recently received approval of my SSDI claim more than one year after my Federal Disability Retirement was approved. The problem is.. the Federal Government is now entitled to a 100% “offset” of the entire 1st year of “SSDI back payments” I received as well as 60% of the 2nd year benefits I received. The Social Security Administration would not recognize the require payment for the Federal Government and just paid the entire Attorney Fee. Now, I am required to repay the Federal Government for the calculated offsets which means I must come up with thousands of dollars from my own pocket.

    Thus, here is my question……. Can I ask the Social Security Administration to recalculate the allowable attorney fee based upon the “net” SSDI back payments that I am actually entitled to receive? If so….. is there a specific code section that requires the back payments to defined as “net” back payments after offsets? Or is the request for recalculation just based upon equity?

    Thank you very much for your help!

    Joseph

    • Kay Derochie says:

      Dear Joseph,

      If you are describing the situation correctly, I think that it is correct that the attorney fees are calculated based on the gross benefit. The rationale would be that you got the benefit and you are using it to pay attorney fees and a debt. I suggest that you ask to see the government disability retirement policy to be sure about the 100% and 60%. Also, check with the administrator to see whether the policy allows for reduction of the overpayment when attorney fees must be paid. Some long-term disability policies have that provision.

      The situation you describe is different from the standard government pension offset, which limits maximum benefits between the government pension and Social Security Disability at 80% of your current average earnings as determined by the Social Security Administration. Government pension offset results in your Social Security being reduced, rather than your repaying the government pension. If you are really subject to offset, you could also ask Social Security to show you the regulations from POMS (their regulation manual) that shows that attorney fees are calculated on the gross even if there is offset.

      Sincerely,
      Kay

  59. Danielle says:

    Hi,
    I applied for disability in 2008 and was denied in Ny,I then tried to work on off here and there. Just could not do it. I was only 23 when applied. I just reapplying August 2015 my symptoms now so bad I can not get out of bed. I was just wondering if I would get back pay from 2008 or just the 12 months? I don’t know if this matters but I first applied in Ny and then Flordia. Any Info would be great. Also my app is at the Determination office now, should I call my exiaminer and ask what my status is?

    • Kay Derochie says:

      Dear Danielle,

      If you are approved, your benefits will not go back to the 2008 application. Benefits will begin the later of the sixth full month of disability or August 2014. You could call and ask if they need anything from you or your physicians, but keep in mind that initial claims typically take two to five months for a decision.

      Sincerely,
      Kay

    • Just me says:

      I’m very confused and it would be great if somebody could help.
      My child recieves so called auxiliary benefits, due to her father being on SSDI.
      Since I wasn’t aware that they had been awarded until much later, we got a back pay last year. After that she gets a small amount every month via direct deposit into my account (she’s only 10, thus I’m her payee).
      Today I checked my account and instead of seeing the regular amount, I was happily surprised to see a much larger payment titles SSA TREAS 310 settlement (without her name and mine as the payee). I’m worried of touching the money since I have no clue what it’s for and wouldn’t have the funds to pay back in case it was a mistake.
      We’re not in the States right now, thus I haven’t gotten my mail.
      Any help is greatly appreciated.

      • Kay Derochie says:

        Dear Just Me,

        I am not familiar with the term “settlement” as applied to Social Security. You are right: it’s a good idea not to touch the money until you are sure your daughter is due the payment. If you have not received a letter of explanation by about December 12, I recommend that you contact the Social Security Administration for an explanation.

        Sincerely,
        Kay

  60. Nataki says:

    Hi! I apply for disability February 2015, was approved in July 2015 they send one letter stating I was approve for disability base on the medical however they still have to wait on the non- medical part. I have called, get the run around; however when I go to the local office they told me it’s been selected for an.random review. They said this was normal; furthermore they went on to say theirs no notes in the system and they can’t do anything until the send my file back.

    • Kay Derochie says:

      Dear Nataki,

      Random quality assurance reviews are done on a small percentage of claim decisions. Apparently, yours was selected. All you can do is wait for the outcome of the review.

      Sincerely,
      Kay

      • keshia says:

        Hello Kay, I was approved for disability in July of this yr. I started getting my check in August. My question is why haven’t I received any back pay yet? Do I need to contact the Social Security office or is there some other number I need to call to find out why I haven’t received any back pay. Thanks Keshia

        • Kay Derochie says:

          Dear Keshia,

          To receive back pay, you would have to have become disabled by February 2015 or earlier because the first five full calendar months of disability are not paid. If your disability onset date was established February 2015 or earlier, you can ask you local office to follow up to the payment center for your back pay, but their follow-ups don’t have much effect.

          Sincerely,
          Kay

        • tracie says:

          I am going through a similar situation as you! I just received the letter that I became disabled Feb 1 and are entitled to benefits starting in July 2015.
          But what it gets to the part where it says what we will pay and when, it says a monthly amount for Nov to be received in Dec. Aren’t we entitled to the month of no income and suffering with pain from July to Nov, they found me disabled in Feb and eligible for payment in July. What is going on with that?

          • Kay Derochie says:

            Dear Tracie,

            Your Social Security benefits should start July 2015 if you applied on February 1. If you applied on another date in February, they should start in August. The next monthly benefit is typically paid before the back pay, which typically will be paid one to two months after the first benefit.

            Sincerely,
            Kay

        • terrilee oney says:

          Hi,
          i have a question on my disability award. I was told I was to receive a back lump sum disability payment for $40,000 in May of this year. Recently they told me at the social security off ice that I was getting nothing now and that I will owe for attorney fees approximately $4000 now. My disability was for the years of September 2008 until 2011. They told me I now was getting nothing due to a lump sum compensation payment that I received in January of 2006, before I applied for disability. The lump sum payment from compensation was for $22,000. I dont understand how I went from $40,000 to -$4000 because of a $22,000 lump sum payment I had received two years prior to filing for disability. Please could you explain this. I have had nothing but bad issues with my local social cecurity off ice since April of this year when I was awarded by the judge and I was listed by judge as critical dire case. Its been seven months and then to be told this that I owe. Thank you

          • Kay Derochie says:

            Dear Terrilee,

            I do not know whether your claim has been calculated correctly or not. It You can request an itemized calculation of it to decide whether to appeal. I can provide some general information.

            There is a workers compensation (WC) offset against Social Security Disability because the law limits the total amount of workers compensation and Social Security that you can receive for the same period. The WC lump sum payment is prorated over a period of time prescribed by law, that is it does not count all in the month received, but is spread out usually according to what the weekly rate would be if you had been paid incrementally. During the months the proration covers, the maximum you can receive between the two benefits is 80% of your average current earnings. The Social Security Administration (SSA) uses different formulas to calculate average current earnings. The formula used depends on your specific circumstances. You can contact SSA for information about how your average current earnings were calculated. Once you have that figure and (preferably a written) explanation of how they prorated the WC lump sum, you can figure out whether a calculation error has been made.

            It appears that the office is saying that your attorney fees are based on your benefit before offset. Ask them to show you the regulations that states that.

            Sincerely,
            Kay

  61. edith says:

    I live with my x husband and he is on SSI cause of my income. I do not understand why they consider us married because we r not married so how can they take away from him? Also I was married to aanother guy for 19 years and he never remarried after our divorce he is deceased now.Since i am disabled can I draw my widow’s benefits from him?

    • Kay Derochie says:

      Dear Edith,

      If you and your ex-husband are divorced, your income should not be considered in determining his benefits. If you are sharing housing and/or food costs and he is not paying his half, then his benefits could be reduced because he is receiving in-kind (non-cash) income from you in the form of housing or food.

      With regard to your other marriage. If your ex-husband died less than seven years before you became disabled and you are at least fifty years old, you can apply for disabled surviving divorced wife’s benefits on his Social Security record. Once you are sixty, you can apply based on age. Note that any benefits paid before you reach full retirement age will be reduced.

      Sincerely,
      Kay

      • edith says:

        He is paying his half of all expenses we have and even food but they still lowered his check twice what should we do because they have us in the computer as married.

        • Kay Derochie says:

          Dear Edith,

          I suggest that your ex-husband file an appeal and take it all the way to a hearing. Submit a copy of your divorce papers to support his appeal. The Social Security Administration can change the computer record to show him as single once he has won the appeal.

          Sincerely,
          Kay

  62. Lequida stevenson says:

    Hello I had apply for Ssi in may 2008 and during that time in 2010 I went to prison. Yes I know you can not pay me for being in prison but I have been reading and asking alot if questions and was told that I can get back pay from 2008-2010 before I was incarcerated. If so what steps can I take to get started. I’m only 25 and my disability doesn’t allow me to work or be around people. So this Ssi is what I only have to survive and also if it can where and I find a lawyer that will help me with my Ssi case..

    • Kay Derochie says:

      Dear Lequida,

      You do not say whether your claim was approved or denied for the period before you went to jail or whether you had an appeal pending. If the claim was approved, I believe that you can claim the back pay for the period before you were incarcerated after you have been released; but you should check this with the Social Security Administration. To receive ongoing benefits, you would have to file a new SSI claim. If you are not yet released, you can apply for benefits three months prior to your release and at that time you could request release of the back pay from the first claim, if you were approved.

      Sincerely,
      Kay

      • Rebecca Dill says:

        I became disabled in 2003, I worked on this for years, my back was hurt very bad. I’ve been going to the doctor with foe 12 years..I finally got my disability SSI but one month back time..this is the same problem that made me not to be able to work.
        Because of being put off for so long now the back is awful..I want to have my back time pay , it just gets me you want not let me have my disability in 2003 but turn around for the same problem and give it to me..which I am grateful..but I do need my back time to recover from the lost wages, and you putting me off for so long..Thank you

        • Kay Derochie says:

          Dear Rebecca,

          You have addressed your comments and request to a private web moderator. I do not work for the Social Security Administration (SSA), so you need to address your concerns to SSA. If you think an error has been made, you can appeal the calculation of your claim.

          Sincerely,
          Kay

  63. Sonya says:

    Dear Kaye,
    My 4 year old son was approved for ssi. I am the representative that gets the money each month and uses it to pay bills I use for him ad so fourth. I am waiting on the second part of his backpay that they saI’d I would get 6 months after I got the first one. I haven’t gotten it yet and I called and his case worker said I would get it by the end of the month, now I have a customer service person saying his case worker is wrong that I have to fill out a form. His case worker says I don’t need to fill it out that it’s only for if I am requesting it before the 6 months is up. I’m so confused.

    • Kay Derochie says:

      Dear Sonya,

      You should not have to fill out a form to have the regular six-month installment paid.

      Sincerely,
      Kay

  64. mark says:

    Dear Kaye,

    I have just been awarded SSDI, my first monthly payment is scheduled for November 2015. My wife was awarded SSI two years ago and receiving monthly benefit payments since. My question is this; my monthly benefits will be over two thousand per month with almost 5 years of backpay. I assume that when we report the additional income to SSI that her monthly pay will be discontinued. Will she lose her benefits altogether including medical? Do to my backpay, will they try to recover all payments made to her since her award and will they try to recover a 1 year backpay she was given? My time period is overlapping hers by a couple years. Can they attach my monthly payments in recovering her overpay? We are a married couple of 40 years. One last question, if my wife loses her medical, I understand that she can be on my medical when she is 62 years old. She will be that age in June 2016. She sees specialists for multiple reasons and being covered will be critical. Thanks for all your advise.

    • Kay Derochie says:

      Dear Mark,

      Your wife’s SSI should stop in November (if you will actually receive a monthly benefit in November) so she needs to return the November SSI payment. Your monthly SSDI benefit will make her ineligible ongoing without considering back pay. I believe that if you did not also apply for SSI, she will have to repay only November’s benefit because income for SSI is counted in the month that it is received.

      If on the other hand, you applied for SSI als and are paid SSI for months before your SSDI starts, your SSI back pay will be reduced by the amount your wife was overpaid. Let me explain this further: Looking at just 2015, the couple rate for a disabled couple getting SSI is $1,100 with half, $550, payable to each half of the couple. If your wife was getting $733, she was overpaid $183 each month that you are eligible. So, your $550 for past months will be reduced by $183 to $367. (This example assumes that you and she had no other income than SSI during the period in question.) In this situation, your Social Security back pay will be reduced by the SSI paid for periods that you were eligible for both SSI and SSDI. I think that the offset will be the full $550; however I am not sure about that.

      Your wife will be able to draw reduced wife’s benefits on your record when she turns age sixty-two. She will not be eligible for Medicare until she is age sixty-five. I suggest that she investigate what kind of health insurance she can get under the Affordable Care Act. More information about the ACA can be found at http://www.healthcare.gov including information about potential government subsidies to help pay for premiums.

      Sincerely,
      Kay

      • teresa hoopingarner says:

        i’m hoping to get re-approved soon; and was reading about the “couple ” topic. i just don’t understand how couples can be couples and get anywhere on disability, medicare while 1 works worrying if their going to make too much money in the household. my husband and i are dealing with that issue right now. knowing we need to report every penny that is earned and wanting a home not knowing “how” much we’re allowed to spend. i mean it’s like we’re caught between a rock and a hard place. as we get older its suppose to be easier and more relaxing, hopefully peaceful and loving life taking care of our grandchildren. people wonder why i’m always depressed….look around ever time i try to take a step forward, i just feel they can’t move and they’re stuck in cement.

        • Kay Derochie says:

          Dear Teresa,

          Supplemental Security Income (SSI) is a public assistance program so if the non-disabled spouse can work and support the family, then SSI benefits are not needed to pay for housing and food, which is the basic purpose of SSI. While receiving SSI, you can spend your benefits and your husband’s income on whatever you think appropriate. A house you live in is not a countable resource if you are able to buy a house. Food stamps (SNAP) are not countable income, so you may be able to stretch your income if your family qualifies for food stamps.

          Sincerely,
          Kay

  65. Paula Quate says:

    Dear Kaye,
    I applied online for SSDI on March 3, 2010. I was denied then was denied again at reconsideration. My lawyer quit to become an ALJ a month before my hearing. The lawyer who owns the firm had her husband become my non-attorney representative. I had my first hearing November 2011. I found out after the hearing that my non-attorney representative had a very contentious relationship with the ALJ and he said that people had said they would pay money to hear them yell at each other. The judge made it clear that he had no love for my representative. Needless to say I was not surprised that I was denied again. I appealed the denial and the appeals committee refused to review my case. I won the Federal civil trial and SS commissioner was remanded to give me another hearing. My non-attorney representative was paid $9000 because the Federal judge thought ALJ had made a mistake in not giving me disability. I won the Federal case in June 2013. I finally had my new hearing January 27, 2015. My neurosurgeon who has been treating me for 9 years stated that I had been disabled since 2012 if not before because he had not seen me from 2007 until 2012 so he could not know if I was disabled earlier than when he saw me again in 2012. The judge refused to take his opinion into consideration. I’ve had 3 different people through the last 5 and a half years say they thought I was disabled or would have a hard time keeping a job with the medical issues I have. The first one was the social security doctor I was sent to see. The ALJ he couldn’t say I was disabled as that was the commissioner’s right, not his. I was tested by a vocational rehabilitation specialist that the ALJ’s have used an expert witness many times in social security hearings. He determined that I would have a lot of problems working due to the 17 tests he had me perform. Again the ALJ said he could not say that I was disabled as that was the commissioner’s right and they thought he was prejudiced because my non-attorney representative had him come to the law offices of his wife and test me. My neurosurgeon’s opinion was not given any weight as he did not list the functionalities in which I was disabled. My neurosurgeon said he based his opinion on my diagnoses.
    After I receive the latest denial my non-attorney representative’s lawyer wife (she wrote the brief that was used to win my Federal case) sent me a certified letter dropping me as a client as she said it had been too long without monetary compensation. I have been unable to get another lawyer as they either don’t want to take a case at my level, they don’t do the Federal civil cases, or as one put it, “I don’t take cases that other lawyers have lost!”
    Now my deadline to file for the Federal civil trial is November 2nd and I also have to file for non-ability to pay the filing fee of $350 as I am currently living off of $387.54 a month. I was told by my personal injury that I should go ahead and file myself. I know I can write the brief (I have the one written to the last appeals committee) and I can add all the relevant medical issues that were not addressed in my last hearing since I was given the five inches of medical files when they dropped me.
    The ALJ did say he thought I was disabled but said it was after my December 31, 2013 disability insurance ran out. I was in a car accident in December 13, 2012 my car was clipped on rear corner driver side, spun 90°, hit curb, became airborne, hit tree in median head-on breaking tree off 2 feet from ground. This accident was 4 months after my 2nd two level cervical fusion surgery, lost 30 pounds in the next 6 weeks from staph infection I received when ER doctor didn’t wear gloves when he applied skin glue to stop excessive bleeding after surgery, had to have another surgery to clean infection from surgical site, was in hospital for 5 days, sent home on pic for 2 weeks, one month later I’m in an accident which completely detached the rotator cuffs in both shoulders. I have a EMG testing from neurologist 4 months after the accident (April 2013) showing I had a pinched nerve in C7. Neurosurgeon said it was because I had the neck surgery and don’t worry about it. Just found out in February 2015 that my posterior cervical hardware is bent from that accident and a screw is embedded in T1 and has compressed it so much that the curve has changed, C7 is fractured in several pieces and have pseudarthrosis. Since the accident is the only thing that could have bent my hardware so much that one of the screws is embedded in C7, shouldn’t that mean I can prove I was disabled before my insurance ran out? Thank you. Sorry for the excessively long letter. Any help is appreciated.

    • Kay Derochie says:

      Dear Paula,

      I would say that you have a chance of proving you were disabled while you were still insured. Don’t miss the November 2 deadline for filing your brief. If you don’t also have an Supplemental Security Income (SSI) claim pending, you can apply for SSI, which has income and asset limits but no work-credit requirement for citizens and many aliens.

      Sincerely,
      Kay

      Sincerely,
      Kay

  66. Netta D says:

    Hello,

    I applied for SSI for my son twice a few years ago (2005, 2010) for his disability, the claim was denied. I never filed an appeal and I recently just filed a new claim in September of this year. The person who did my interview asked why didn’t I file an appeal and I stated because I gave up trying. He stated that Social security may go back and pay from the first time I filed. Is this true? His condition has gotten worse so his doctor had me file again because all his doctor appointments require me to miss a lot of work. So I was wondering will he be paid from the time I first applied or will he be paid for the current month he’s approved?

    • Kay Derochie says:

      Dear Netta,

      It is very rare that prior un-appealed claims are reopened, so it is unlikely that he will be paid anything based on prior claims. If his current claim is approved, his Supplemental Security Income (SSI) will begin to accrue October 2015 unless you filed the claim on September 1, in which case benefits will begin to accrued September 2015.

      Sincerely,
      Kay

  67. Ellie says:

    Dear Kay,
    In 2003 my husband was involved in a pretty horrible moped accident. While in the hospital a social worker came to visit to help him apply for disability. He suffered multiple open fractures in both legs, and now suffers from water retention in one leg, with a rather large swollen foot at all times. Doctors have even questioned why he was denied. Prior to applying we waiting for a decision for almost a year, which came back denied. He was deemed not disabled, even though we went to required doctors visits (SSDI doctors appointments and specialists) we appealed a few days after getting his refusal letter. I know this the wrong thread for this question but I’ve looked everywhere and no where it says it would take a year for a decision. After appeal we have been to countless doctors appointments, he has gotten a cane, we have received handicap place card, and he also rides the handivan bus. I know he is entitled to backpay but 9 years? Is that heard of? Also the appeal process is it different? It’s been hell for us just waiting for monthly benefits…

    • Kay Derochie says:

      Dear Ellie,

      I cannot tell from what you have written what stage of appeal your husband is in. Has he appealed once and is at the reconsideration level? twice and is at the hearing level? Or appealed three times and is at the Appeals Council level? Whatever level he is at, your need to check to be sure that the appeal is still pending and that a decision letter has not gone astray. If the claim is at the reconsideration or hearing level, be sure that medical records showing the decline in his condition is documented. As far as back pay goes, Social Security Disability benefits begin the later of twelve months before the date of the application that is being appealed or the sixth full-calendar month of disability. Your husband might consider contacting the Department of Vocational Rehabilitation for guidance about and/or training for a sedentary occupation he can perform seated.

      Sincerely,
      Kay

      Sincerely,
      Kay

  68. John Baty says:

    My daughter was convicted of a serious crime and was sentenced to 25 years in prison. She was healthy when she went in. Subsequent to her incarceration, she has become disabled. When should she file for SSDI? When she’s 2 years from her release date? Thanks.

    • Kay Derochie says:

      Dear John,

      You should double-check this, but I believe that no disability benefits are paid for a disability that is incurred while committing a crime or incurred while incarcerated for a crime. You should check this with Social Security to be sure that it applies if the disability is from an illness that started in jail and not due to an injury incurred in prison.

      Sincerely,
      Kay

  69. Donny says:

    Kay,

    Sorry if this is a repeat question; I’ve looked over many of your responses here and think I already know the answer, but… heres my general situation (I’ve paraphrased and left out much, for simplicity).

    1] I applied for SSI/SSDI Nov. 2013, on my own without assistance. I was rejected/found not-eligible Jan/Feb. 2014 (I thought at the time this was for both SSI and SSDI?)

    2] I reapplied for SSI/SSDI March 18, 2015. with assistance from a non-profit agency (not an attorney).

    3] I received a letter dated Sept. 21, 2015, from Social Security “Office of Central Operations”, Baltimore, MD., stating:
    - RETIREMENT, SURVIVORS and DISABILITY INSURANCE (Notice of Award)
    - “You are entitled to monthly disability benefits beginning March 2014″
    - “The Date You Became Disabled: found to be disabled under our rules April-1, 2013″
    - “By law we can only pay benefits no earlier than 12months before the month of filing”
    - “Since you filed for benefits March 2015, monthly payments will beging March 2014″
    - “You will receive monthly payments of $xxxx, starting in Oct. 2015″ (for Sept. 2015)
    - “We are withholding your Social Security benefits for March 2014 through August 2015″
    - “We may reduce these benefits if you received Supplemental Security Income (SSI) for this period” (Mar. 2014-Aug. 2015)
    - “When determined, we will pay any Social Security benefits due for this period” (Mar. 2014-Aug. 2015)

    4] I received a letter dated Sept. 22, 2015, from my local Social Security Office, stating:
    - SUPPLEMENTAL SECURITY INCOME (SSI) (Notice of Award)
    - “We… …have approved the claim for Supplemental Security Income (SSI) benefits, filed Nov. 2013″ (???)
    - “As of Nov. 2013… …you are eligible for SSI based on being disabled”
    - “Your Back Payments: From: Dec, 2013 Through: Sept, 2015″
    - [followed by a summary of monthly SSI payments, minus monthly State assistance]
    - “Total Back Payments Due To You: $[xx,xxx]”

    5] I received another letter dated Sept. 24, from my local Social Security Office, stating:
    - “We are going to lower your SSI payment from $xxx to $0.00, beginning Oct. 2015 …due to additional income”
    - “Your additional income is Social Security benefits of $xxxx

    6] I have since received my first SSDI monthly payment, but no SSI monthly or SSI back-pay.

    QUESTION 1: The non-profit agency assisting me has a Social Security / SSI ‘expert’ telling me my back-pay is going to be based on my determined SSI monthly payment (lower), NOT on my determined SSDI monthly payment (much higher). Are they right? My understanding is my total back-pay will be based on [SSDI monthly] minus any [SSI monthly] (which I never got, even though approved for).

    QUESTION 2: How will my back pay come? As two different amounts, SSI back-pay and SSDI back-pay(minus SSI). Or as a single amount, based only on SSDI, without SSI being withheld? Once again, never received any SSI payments, even though approved for (excepting monthly State assistance, which is recovered from SSI).

    QUESTION 3: It looks like they (SS) went all the way back to my first application in Nov. 2013, to calculate my SSI back-pay(???); is it reasonable to expect them (SS) to also use my first SSDI application date of Nov. 2013 for calculating back-pay? (I did not work between Nov. 2013 and March 2015, and had ongoing medical issues).

    Thank you for your time and thoughtful answers,

    Donny

    • Kay Derochie says:

      Dear Donny,

      You will receive SSI back pay and SSDI back pay. The SSDI back pay will be reduced by the SSI paid for the same period.

      Unless the current disability determination specifically and explicitly reopened your 2013 claim, which the notice would seem to indicate it did not, I think an error is being made on the SSI and the SSI should begin with April 2015, the month after your most recent application. Either the SSI is wrong or the SSDI is wrong. Best to get it straightened out now rather than having someone notice it later after you have been overpaid SSI. (Note that it is quite rare for a claims examiner or judge to reopen a prior claim denial that was not appealed.)

      Sincerely,
      Kay

  70. Abigail says:

    My daughter was born with non mosiac down syndrome and my income is less than 2,000 a month do you think she will qualify for SSI?

    • Kay Derochie says:

      Dear Abigail,

      Your income is low enough for your daughter to qualify for Supplemental Security Income (SSI) if your income is gross earnings from work and her father is not in the household. If he is, his income will also be considered.

      Sincerely,
      Kay

  71. Chris says:

    Dear, Kay

    I had just went through a hearing and received a fully favorable decision. However the on set date was for January 2013 when the judge deemed me disabled, but the back pay was only till december 2014. How if any way can i receive the back pay or full retro active pay with out messing up my decision, and prolonging the wait

    • Kay Derochie says:

      Dear Chris,

      You do not say when you filed the original application that was approved at the hearing. The earliest benefits can start is the later of the sixth full calendar month of disability (as established by the judge and stated in the judge’s letter), which would be July 2013 or twelve months before the application. (For example, if you filed your original claim in January 2015, benefits would begin to accrue January 2014.) If based on this information, you believe have not been paid all the back pay you are due, I suggest going to a Social Security office with a copy of the hearing decision and finding out whether the situation can be corrected without an appeal; however, do not let the appeals period expire. If you have to file an appeal, appeal the calculation of our benefits–not the onset date. Specifically state that the calculation of the first month of benefits is incorrect based on the July 2013 onset date and the date of your application.

      Sincerely,
      Kay

      • Silver says:

        Sorry not sure how to post a question? But my question is I got approved September 25 an getting disability going bk to April 1st 2012.. I got a call today from ssa.they needed my direct deposit number n telling me I will receive 32,000 for back pay n he’s mailing my reward letter n I will get the letter by Monday.. N he told me to expect my money 10 to 14 days. Will I really get it that fast? I’ve been reading people’s posts on how they are still waiting for bk pay even after receiving reward letter? If he told me my bk pay of 1 lump sum will be in my account anytime by the next 2 weeks its really going to be there right? Or do they tell everyone that when they call you for your bank deposit info and letting you know what your getting? I don’t wanna get my hopes to high?? Please if you can shed some light on this..thank you

        • Kay Derochie says:

          Dear Silver,

          Some areas do not have the same backlogs of work as others. I don’t think you would have been told that you would receive payment that fast if it weren’t going to happen; however, this is very fast. I do, however, suggest that you double check by calling Social Security that you gave your bank account information to Social Security and not to some one posing as a Social Security representative.

          Sincerely,
          Kay

        • Teresa says:

          Hello sorry I am jumping off another persons thread but I do not know how to post a question either. I am on disability and have been since 2001. My father was forced on disability in 1989 my year of birth is 1975. Can I draw benefits off my father since I was a minor when he was placed on disability or do you have to be disabled at a minors age to draw benefits. If so he draws from SSDI as well as DAV.

          • Kay Derochie says:

            Dear Teresa,

            To received disabled adult child’s benefits from your father’s Social Security record, you have to have become disabled prior to age twenty-two. Accordingly, you are not eligible on his record.

            Sincerely,
            Kay

  72. Victoria says:

    I am receiving SSDI for my disability and my husband has been approved for SSI recently. He was told since I receive benefits every month he is not entitled to benefits. Will he still recieve back pay?

    • Kay Derochie says:

      Dear Victoria,

      If you received SSDI during the entire period covered by your husband’s SSI claim, he will not receive any benefits for past months.

      Sincerely,
      kay

  73. edith says:

    I was approved for disability and sSI back in June. I started receiving my monthly benefits and got part of my back pay from SSI but have not received anything on Disability back pay. what can I do and why can I not get my back pay. ever time i call they say it is at payment center.

    • Kay Derochie says:

      Dear Edith,

      It typically takes about two months after the first installment of SSI back pay for the monthly Social Security Disability (SSDI) to start and another month after that for SSDI back pay to be paid. The SSDI back pay will be reduced by the amount of SSI paid or scheduled to be paid for the same months.

      Sincerely,
      Kay

  74. shay says:

    Hello Im confused I just got a letter saying I would be getting thousand and something dollars on the fourth wensday of every month what kind of benefits are that and why do I need a payee and will I be receiving back up money please help I’m so confused

    • Kay Derochie says:

      Dear Shay,

      A benefit paid on a recurring Wednesday is a Social Security Disability monthly benefit. Your back pay should be paid in one to two months. A representative payee is established when medical information indicates that an individual is either cognitively impaired congenitally, due to a brain injury or due to an illness such as by stroke. Payees are also established for individuals who have a mental illness that impairs their judgement or perception of reality.

      If you disagree, you have the right to appeal the payee decision, which could best be done with a statement from your own physician about your capacity to use money to take care of your own needs. If you decide to appeal, have the doctor complete form SSA-787. You can get the form by “Googling” the form number on the Internet and printing it or you can request it from a Social Security office.

      Sincerely,
      Kay

      • rose says:

        I have a question , I was born legally blind in my right eye , I’ve never applied for benefits but I was diagnosed with morning glory syndrome when I was 4 yrs old , I’m 30 now , is there a way to receive back pay if I’m approved for benefits and which benefits should I be applying for

        • Kay Derochie says:

          Dear Rose,

          If the morning glory syndrome is the cause of your being legally blind in one eye and you have normal vision in the other eye, it is unlikely that you will be approved for disability because it is likely that there are occupations you can perform. If on the other hand you have vision deficits in your left eye, you might qualify.

          You do not say whether you have ever worked or, if so, for how long; so I do not know whether you are insured for Social Security Disability. If you are not insured and you are disabled and your income and assets (and your spouse’s if you are married) are below the Supplemental Security Income (SSI) limits, you can apply for SSI. SSI benefits start the month after application and Social Security back benefits are limited to twelve months before the month of application.

          Sincerely,
          Kay

  75. Fran says:

    Hi Kay,

    I posted on another thread but this is a different uestion…

    I was asked what my date onset as by the case worker here in the EU. I am applying for disability in the EU but am American so I am going through the system here in my host country and the US system via the embassy as they have an agreement.
    I am confused what to write on my application on DOA because I have an official on paper (which I gave my case worker here in my host country) diagnosis from 20 years ago. However, I have on and off worked but I must note I only had a few jobs I actually managed for more than a few months because I could never properly keep a job with my mental illness. So my question is do I put DOA from 20 years ago and actually get back payment despite having worked on and off throughout that time or does the DOA mean when I could no longer even do minimal work which in my case meant a measly 2.5-6 hours eek teaching job (which I should note I did only or 3.5 months and ultimately couldn’t complete. Before that, my last substantial job that was full-time was a teaching job here in 2009 that lasted about 4-5 months. Not long but it was decent pay for here. Do I count my DOA from years ago from diagnosis, last full-time gainfully employe job (despite only lasting months) or the very, very last job of 3-6 hours a week freelancing teaching? I am so confused.
    Lastly, if It turns out I didn’t earn enough credits throughout my life and jobs in both countries (US and EU host country I have lived in for 10 years — married to foreigner here) am I just out of luck for any benefits? I am severely disabled with my bi-polar now and cannot hold down a job in any form. I also recently got diagnosed with osteoarthritis in both knees.
    Any help you could lend would be so appreciated. Thanks Kay!

    • Kay Derochie says:

      Dear Fran,

      The farthest payment will go back is twelve months before you began the application process. If you are not insured, you are not eligible for benefits; so yes, you would be out of luck.

      I suggest that you find out when you were last insured. (This may be difficult if you are combining work in the U.S. and in England under their international social security agreement.) If you were still insured when you left work in 2009, I would list the 2009 date and show the later work periods as unsuccessful work attempts. If you were not insured when you left the job in 2009 and you feel that you have been disabled for many years before 2009, then you can claim an earlier date and show the 2009 work as unsuccessful work attempt (if you left that work because of your health) as well as all other work periods after the claimed date. Note that you have to prove disability from the date claimed to present. Gather and list all diagnostic tests and medical providers and treatments since the date you claimed.

      Sincerely,
      Kay

  76. Mike says:

    I am having trouble getting a definitive answer to my question, so I am trying here. If I contact an attorney and they file an application on my behalf now and submit that my date of disability was May 30, 2013 is my back pay for the period from the before the application date minus the 5 month waiting period and then if approved I also get benefits for the application date forward or is the back pay period only for the application date until approval? It is a bit confusing on all the sites I’ve looked at and some word it so that it appears that back pay is associated with the period prior to the application being submitted if the date of disability was prior, which is the case for me. I basically need to know if, since my date of disability is being submitted as May 30, 2013 will I get the back pay from roughly Nov 2013-May 2015 and then I would receive pay for the date of application forward. I put May 2015 bc I was told that the SSA only pays 18 months of back pay if disability was prior to application. The difference in what to expect in pay is significant, so I would really like to know what the rules are for sure.

    • Kay Derochie says:

      Dear Mike,

      You should claim when you became disabled as your date of disability irrespective of the rules for back pay. I am unclear about whether you have filed a claim or not. If you have filed a claim and did not claim May 30, 2013, you should submit a statement on your claim saying that you made mistake and your disability date is May 30, 2013. The reason is that sometimes claiming a later date can result in a person not being insured on the later date.

      As far as back pay goes, technically, payment for months before application is call retroactive pay and payment from application to first payment is called back pay; however, in everyday speech, people lump them together. So, lumped together, Social Security Disabilty benefits begin to accrue the later of twelve months before the date of application or the sixth calendar month of established disability. If the latter time frame applies to your claim, benefits would start to accrue November 2013.

      Sincerely,
      Kay

  77. Abby says:

    I have a question. My husband gets benefits he already got a big amout on back pay for social security disability but he also apply for the supplemental security (ssi) is he going to get another check of back pay from Ssi ? Or is just one check all together from both?

  78. Fernando Caraveo says:

    I applied for SSDI for the 1st time back in Dec. 2013 & received denial Letter in May 2014. I applied to SSDI for the 2nd time in June 2015. If approved, is my SSDI will be considered as of the first time I applied (Dec. 2013)minus the 5 months?

    • Kay Derochie says:

      Dear Fernando,

      The five-month, unpaid waiting period begins the month after your disability onset date, as established by Social Security. It is not tied to the date of application. Benefits will begin the later of the sixth calendar month after you became disabled or twelve months prior to your current application, that is, June 2014.

      Sincerely,
      Kay

      • bertisha says:

        hello I wanted to know to know if do I have to pay back ssi if im approved for adult disabled benefits under my deceased father. im 21 been on ssi since 2014

        • Kay Derochie says:

          Dear Bertisha,

          If you are approved for Social Security disabled adult child benefits for months for which you have already received SSI, the Social Security back pay will be reduced by any SSI paid for those same months.

          Sincerely,
          Kay

  79. nathan says:

    I have been receiving disability since 1998-99 for mental illness. Can I recieve back pay on benefits if choose to collect underneath my fathers record who is retired and disabled himself. SO the question is the backpay would i recieve the extra amount up to a certain degree. SInce i learned that i can get more in SSDI if i collect underneath my fathers record. Is it retroactive or no? and if already disabled why did they not let me collect underneath his name to begin with. I read on ssa.gov that my benefits would increase up to about 400.00 more dollars a month. Which in my living situation I need more financial stability and I also heard you can increase your allowed income per month also if i stay in the same guidelines of part time and not over 30 hours per week? I have section 8 right now which truly is a blessing, and If you need to know I am dual eligible with insurance A B and D. Would love a response cuz Irregardless there is a incentive to collect under fathers record but the backpay I cannot find any info on? PLEASE HELP

    • Kay Derochie says:

      Dear Nathan,

      You can file to receive benefits on your father’s record if you have been disabled continuously since prior to age twenty-two. Given that you had enough work credits to be eligible for Social Security Disability (SSDI), your may not have been continuously disabled since prior to age twenty-two. Notice that I said “may not.” It is possible you could be if your work activity was not Substantial Gainful Activity (SGA), which is usually defined by a certain earnings level. (See the chart at the end of this message for the amount over the last few years to give you an idea.

      If you are eligible, you will be paid on your own earnings record first and then receive the difference between your benefit and the dependent benefit from your father’s record. Back benefits are paid for a maximum of six months prior to the month of application.

      SGA Benchmarks
      Amount per month
      In calendar year 2015, $1090
      In calendar year 2014, $1070
      In calendar year 2013, $1040
      In calendar year 2012, $1010
      In calendar year 2011, $1000
      In calendar year 2010, $1000
      In calendar year 2009, $980
      In calendar year 2008, $940
      In calendar year 2007, $900
      In calendar year 2006, $860
      In calendar year 2005, $830
      In calendar year 2004, $810
      In calendar year 2003, $800
      In calendar year 2002, $780
      In calendar year 2006, $860

      Sincerely,
      Kay

  80. Daron says:

    Hello
    I have an question I can find an answer to when I was 7 I was adopted I receive Ssi disability when I turn 18 I was dropped due to the agree meant with dfec I am now 21 and I went in to apply again cause it is getting to hard for me to make it day by day they dropped me when I was 18 cause I was no longer in high school then we found out they should have told my parents about adult child disability but they did not I went 3 years with out it and they have been very hard I am hoping to get approved and I am told I have a very good choice but what I can’t get a answer back which I understand is can I get back pay for the 3 years they had me set a set date since I was disabled but i don’t know why cause people keeps say 12 month but I don’t understand and I need help. And I know must people on here say what they are disabled for but in less you want to hear a long list of all the mental and illnes I have I don’t want to list them :)

    • Kay Derochie says:

      Dear Daron,,

      Retroactive disabled adult child benefits are limited to twelve months prior to the month of application even if it is found that you became disabled longer ago than that. Supplemental Security Income (SSI) disability benefits begin the month after application unless you applied on the first of the month in which case benefits start with the month of application.

      Sincerely,
      Kay

  81. paola says:

    Hi, I have a question when I first applied for ssi I was 16 years old and was denied ,, I applied again in 2012 and I was found permanatley disabled, and got back pay from the date I become desabled in 2012 ,, but my questions is would I get pay pay for the date I initianally applied in the year 2002 and was denied.. thank u and i hope to hear from u soon ..

    • Kay Derochie says:

      Dear Paola,

      Your benefits are limited to those payable on the 2012 application.

      Sincerely,
      Kay

      • Tim says:

        I got approved 3 weeks ago in I received my debit card by mail but wen I called to give them my bank account info they said they already have it how is that?

        • Kay Derochie says:

          Dear Tim,

          It sounds to me as if there may be some miscommunication. You should be able to change from a DirectExpress debit card to direct deposit. I suggest taking the information into the office and ask to have the bank account info input while you are there to switch you over.

          Sincerely,
          Kay

  82. hey kay, i am getting my disbality by my dad he passed away but he was retire, i am going to turn 21 years old and i have never worked
    becase of my bipolar illness, but they told me that I have no credit . that i cant qualified for disablity on my own . so its have to be under my dadś… my question is how much will SSIi give me if i never worked and under my dads work criedits .

    • Kay Derochie says:

      Dear Anonymous Love,

      Your survivor benefits will be 75% of the amount your father was receiving, which is more than you have been receiving as a dependent.

      Sincerely,
      Kay

  83. DJ says:

    Hello Kaye,
    I was diagnosed with Ovarian cancer stage 3c in July 2014. I was unable to work from July 2014- Dec 2014. I returned to work in January 2015. Now I have a recurrence and will start treatment this week. I left my job Sept 5, 2015. I’m planning to apply for disability. I know my condition is on the compassionate allowance list. My question is if I am approved will I receive backpay based on date of diagnosis even though I have worked (grossing over 1090.00/mo) since then or will it be based on application date. Does it make a difference that I worked less than 12 months.

    • Kay Derochie says:

      Dear DJ,

      Your benefits will be based on your September 5, 2015 date of disability. Because you were off work the first time for less than twelve months and your return to work was between seven and eight months, it was too long to be considered an unsuccessful work attempt and there is no bridge back to the first application.

      Sincerely,
      Kay

  84. Jennifer says:

    Hello, I have a question. I applied for disability on 11/25/11 and stated my date of onset was 02/04/11. I received a decision of fully favorable today going back to my original date of 02/04/11. My son was 14 when I applied, now he is 18. He has graduated high school and now lives and works in another state. He doesn’t qualify for current pay but does qualify for back pay from 8/01/11 – 12/01/14 (before he turned 18) or 06/01/15, when he graduates high school (not sure which one). Regardless, this is a lot of money, looking over $20,000. My question is who gets the money? Since it’s only back pay for when he was a minor, does it come to me? Or does it go to him because it was awarded after his 18th birthday? Please tell me it’s the former! I’m not trying to be selfish but he didn’t earn that money, and I supported him all that time (as I should) so that money should come to me. IF it goes to him he said that he would transfer most of it back to me. He’s 18 and earning a living. I don’t mind him having some of it but I desperately need that back pay to live on. I can’t understand how it is just that it would go to him (or any other minor). If it goes to him can he legally transfer some back to me? Thanks!

    • Kay Derochie says:

      Dear Jennifer,

      Your son is an adult, not a minor so his back pay will go to him. If he submits proof of being in high school while he was eighteen, he will be paid through the month before he graduated. He is free to do with it whatever he wants so he can give you part of it if he wants to.

      Keep in mind that if he is due $20,000 back pay, you are probably getting $40,000 back pay for yourself. You might also consider that the money your son receives could benefit him by providing advanced education or training in a trade that would give him a better income or serve as a down payment on a house to provide him with future stability.

      Sincerely,
      Kay

  85. Tina says:

    My friend was approved for disability benefits and received backpay.. The amount was calculated to account for the workers comp he received during this time. However, over the course of 4 years, the workers comp went from 100% to 75% to 50% to 75% to 50% etc. Mostly, his payments were at 50%. However, it appears that SSA used the payments he was receiving at the beginning (100%) for all of those 4 years, when in fact, most of the time we was only receiving wc benefits at 50%. Can this be changed via letter to the local office enclosing the WC notices for that time period? Or would this have to be address via the 60 appeal process?

    • Kay Derochie says:

      Dear Tina,

      It could be addressed either way; however, the more formal way that retains additional appeal rights is to file a reconsideration request on the calculation of benefits with the workers comp documents as support.

      Sincerely,
      Kay

    • tee says:

      Tina my situation is the same but my question to you is, I got an award letter that stated my backpay will be 20,000. Is this the amount I am going to get or is this the amount before they take workers compensation into consideration. Meaning am I really going to get 10,000 even though the letter says 20,000?

      • Kay Derochie says:

        Dear Tee,

        I did not post your comment because it is directed to someone else who visited the site and the site’s service does not include conversations among visitors. With regard to the amount quoted in your award letter, I would say that if you know there will be workers comp offset and no reference has been made to workers comp, then the figure given is probably before offset. To be sure, however, I suggest that you take the letter to Social Security for clarification.

        Sincerely,
        Kay

  86. Aaron says:

    Hello,
    I have been off work since 5/2015 and have applied for ssdi 12/15. I have hired a lawyer and I was denied the first time and now I’m in the appeal stage. I have mental illness and I’ve been seeing the doctors for almost a year now. I’m getting workmens comp and they told me I have to pay them back in full when I get my back pay. That’s over $8,000. Will they take it out automatically once I get my back pay? I called ss yesterday and I was told if I don’t get payment or letter by 9-20-15 then to call back. Does this mean I’m going to be approved? I never gave any bank info to them so will I get a paper check or direct express card? I’ve had to credit cards and hospital bills go in collections and they call me day and night and I’m scared to answer the phone. I’ve been waiting a long time and no money to pay bills.

    • Aaron says:

      I’m sorry I meant 5/14*

    • Kay Derochie says:

      Dear Aaron,

      Usually you will notified of a medical approval before payment is calculated. If you have to call back on September 20, ask whether your claim has been medically approved. As far as the workers compensation offset goes, you may not have to repay the full amount of workers comp you received. The law is that you cannot receive more than 80% of your current average earnings from the the two benefits combined as determined by Social Security. Usually that is more than either benefit alone. On the other hand, if you are actually receiving long-term disability (not workers comp for a work-related injury or illness), then you will likely have to repay most or all the benefits received if your LTD is less than your Social Security.

      Sincerely,
      Kay

  87. christopher Fusto says:

    I was on disability and went back to work for about a year. I am now back on disabilty and was wondering if my payments should go up due to contributing more. Does anyone have an answer for this

    • Kay Derochie says:

      Dear Christopher,

      If you earned more in the year you returned to work than the lowest annual earnings used to calculate your current benefit, your benefit may go up. If you worked in 2014, toward the end of 2015, you will be notified of an increase if there is one. The increase will be retroactive to January 2015.

      Sincerely,
      Kay

  88. Jason M Caldwell says:

    I’ve got a few questions about recreational use of back pay. I will be getting a large lump sum. I know that clothing, food, medical stuff comes first. But it won’t be the entire thing. And I might need a lot of it for a new car. My old car may not last much longer. But my big question is just how much can you use for recreation? I don’t want to get into trouble or get flagged or anything. Is there like a certain percentage that’s recommended or anything?

    • Kay Derochie says:

      Dear Jason,

      There is no rule on how much of your own benefits you use for recreation; however, I suggest that you consider some savings for unforeseen future expenses.

      Sincerely,
      Kay

  89. Sherri says:

    Hi my ex was currently approved for disability and is awaiting his back pay from the last 2 years. When he originally applied for disability he noted that he had 1 child which is our daughter but did not mention she has never lived with him since the age of 2,she is now 13. I notified the social security office that I wanted to be her payee since she has always resided with me and they scheduled me an appointment for 6 weeks from now. My question is will my ex receive the back payment for our daughter since social security wasn’t aware that she had been living with me the entire time.
    Thanks for any comments,
    Sherri

    • Kay Derochie says:

      Dear Sherri,

      Your daughter’s benefits will be paid after your husband’s so there may be time to have your payee application processed before benefits are issued. Even if the benefits are initially issued to your ex, the money is supposed to be used only for your daughter. That means he should give you money for her food, clothing, school expenses, medical and dental care, personal hygiene, haircuts, etc. When you are made payee, he is required to transfer the benefits not yet spent on her to you.

      Sincerely,
      Kay

    • Josette Jones says:

      I received a phone call stating that my daughter was approved for Social Security but I have to give them receipts from my taxes if I don’t give them receipts will she still get her money?

      • Kay Derochie says:

        Dear Josette,

        If you daughter was actually approved for Social Security, your taxes returns and property taxes–you don’t say what kind of taxes–would have nothing to do with her eligibility. If she is was approved for Supplemental Security Income (SSI) and she is a minor, you have to provide proof of your income. If she was approved for SSI and she is an adult and she lives with you, proof of your property taxes could be needed to prove household shelter costs.

        If SSI is involved and she is a minor, failure to provide the requested documents could cause a denial of benefits. If she is an adult, failure to provide the documents could result in a one-third reduction in her benefits.

        Sincerely,
        Kay

  90. Tiffany Shurn says:

    My son recieved his backpay lumpsum in July this year, i applied in November of last year…will he be getting more back pay, and if so how long will it be? Medical bills and home bills has gotten the best of me and i would like to be able to pay some of it off.

    • Kay Derochie says:

      Dear Tiffany,

      If your son is disabled and was approved for Supplemental Security Income (SSI) and the first payment was less than $2,199, that is all he will be receiving in back pay. If the amount was $2,199, then more may be payable in six months. If you have critical bills such as past-due rent or past-due utilities or medical bills for him, you might be able to get additional funds released now. If your son was approved for Social Security dependents benefits on a parent’s earnings record, not for SSI, then the back pay would have been paid all in that one payment and no more would be due.

      Sincerely,
      Kay

  91. Stephanie says:

    My husband was awarded backpay for an injury he sustained August 20, 2012. We got the fully favorable judgment letter a couple weeks ago. Yesterday we received the Notice of Award, stating that they are holding the money until they do the final calculations. My husband called the social security office today to see about when we could expect to received the money. He was told that they will be contacting workers comp to collect the money he received while injured. Will they subtract the entire amount of workers comp payments he received from his back pay amount? They said his work comp settlement will not count against him, but they can collect back what he was paid weekly. Will they collect all 73 weeks he was paid of work comp or since disability doesn’t pay the first five months will they also not take the first five months of work comp? So upset cause our attorney never mentioned this was a possibility and if they take all 73 weeks it will drastically reduce our lump payment. Any advice would help. We are in Indiana. Thank you.

    • Kay Derochie says:

      Dear Stephanie,

      The maximum amount a person can receive for the same period from workers compensation and Social Security Disability is 80% of current average earnings as determined by the Social Security Administration. This means that the Social Security Disability benefits will not be reduced by the entire amount of workers compensation. Also, any workers comp for periods before Social Security begins to accrue is not used in the offset. The Social Security Administration (SSA) uses different formulas to calculate average current earnings. The formula used depends on your specific circumstances. You can contact SSA for information about how your husband’s average current earnings were calculated. In some circumstances lump sum settlements, not just weekly payments, are prorated out and result in an offset; so it is possible that there will be a partial offset due to the lump sum also.

      Sincerely,
      Kay

  92. john says:

    I have a question. My gf has a disability and ffiled for disibility when she was 18 and was denied. We have a lawyer handling her case cause she keep getting denied. She is now 25 does she get the back pay from when she was 18 till she is approved? Or does she not get any of the back pay. I was told she will getthe back pay from when she was approved back till when she was first applied and will get it in a lump some is this true. Also is there a way to figure out how much she will receive per month? Is the back pay the amount she gets all the way back till she was 18? Please help us understand how this works.

    • Kay Derochie says:

      Dear John,

      If your girlfriend is approved for Supplemental Security Income (SSI), her back pay will go back to the application she is now appealing. If she is approved for SSI, the amount will depend on the amount of other income and/or free food and housing she has received in the months her claim has been pending. If she is approved for Social Security Disability (SSDI), for which she would have to have sufficient work earnings that were taxed for Social Security, the amount would be governed by her work history and could go back as far as twelve months before her most recent application.

      Sincerely,
      Kay

  93. Bianca Smith says:

    Good Afternoon;
    I was approved for social security disability on 3/06/15. I have received my backpay. On 6/2/15 someone called me from SSI advised me to apply for payments for my 2 children. I was informed that I would be receiving a retto payment for my children but I’ve yet to receive any information

    • Kay Derochie says:

      Dear Bianca,

      Do you have a question? If so, please let me know what it is.

      Sincerely,
      Kay

      • Keshia says:

        Hello new to this ssi stuff. My question is I received my award letter today and as I was reading it and it said they are holding my social security benefits for Feburary 2013 through july 2015. Im not understanding this. Could you please help??? Thanks

        • Kay Derochie says:

          Dear Keshia,

          Monthly benefits usually are paid prior to back pay. Additionally, Social Security Disability (known as SSD or SSDI) back pay is reduced by any Supplemental Security Income (SSI) paid for the same period and SSI is always paid first. Accordingly, your SSDI back pay may have been withheld until the SSI back pay can be calculated. If you applied for both SSDI and SSI, you will receive at least the first installment of the SSI back pay before the SSDI. If you did not apply for SSI or were denied for excess income or resources, contact the local office to find out why the SSDI back pay is being held and ask then to notify the payment center that SSI is not involved.

          Sincerely,
          Kay

      • Fran says:

        Hi Kay,

        I hope I can ask this here…

        Is there a reason disabled persons are told to apply for their children too? I am the American in the EU (posted a few comments on other threads) applying via my host country here in the EU and because of that I am also getting papers, etc… through the US embassy. I have a small child so does this mean I apply for her soley based on my disability? My husband is from here in the EU and our daughter holds both passports. He works full-time.
        However, my huge loss of income due to my mental disorder is severely affecting us.
        Is my child entitled to something too? Thanks so much.

        • Kay Derochie says:

          Dear Fran,

          If you are approved and your lifetime work earnings are high enough to provide dependent benefits, you can apply for your daughter after you are approved. For now, just list her as a child on your application.

          Sincerely,
          Kay

  94. LaShonda says:

    We get SSI for my son. He turned 18 a few months ago. A month before he turned 18 they had us fill out a application for adult disability for him. I’m sure he will be approved due to his condition. We are still receiving SSI while we wait for their decision. My question to you is will he get back pay for when we started the application process for adult disability even though we are receiving SSI through the waiting period? Or no?

    • Kay Derochie says:

      Dear LaShonda,

      Please see my response of July 28.

      Sincerely,
      Kay

      • LaShonda says:

        Thank you for getting back to me. But I am scrolling and scrolling. I don’t see anything response on the 28th. Can you please tell me where to see it.

        • Kay Derochie says:

          Dear LaShonda,

          You posted your question under the first SSI article. To get to the article, click on the “SSI” tab on the navigation bar that is on every page of this website. Then after you open the article, scroll down until you find your question and my answer.

          Sincerely,
          Kay

      • connie says:

        My child is metal retartdation has a brain injury adhd learning disabilty artsic features in her behavior this her second time seeing the alj doctor said brain demage at birth she about to be 10 whats her out come when she see the screen for the second time

        • Kay Derochie says:

          Dear Connie,

          I cannot predict whether your child will be approved or not. If she is not, you might consider hiring an attorney for the appeal. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before sending your back pay to you.

          Sincerely,
          Kay

  95. Theresa swanson says:

    I am hoping you can offer some insight about how to go about addressing the issue that a back payment for Ssi was incorrect an a error was made on behalf of the social security office an what steps to take to prove my case since the orginal case was still in appeals an a new case of as opened an approved originally when I spoke without he lady at determination services she indicated that the original case since still in appeals would be automatically accepted an paid a swell however it was never taken into consideration an at first I thought that perhaps I was just to wait it out but the back pay was never issued that was 2006 an now I have done enough research an can prove that they errored an should have made the adjustment for th original case as well since it was still being appealed even after the court case an infact have the papers dated less then a month from the date it was denied that the social security office considered him disabled with in thirty days of each other so how do I go about suggesting that the backpay be reopened an adjusted accordingly after this much time has passed an who should I have contacted since clearly the lawyer we had dropped the ball as soon as they issued him a check for over $1600 which according to the agreement would hav been over the twenty five percent that would have been the agreement if they only counted less then like 3000 in back pay

    • Kay Derochie says:

      Dear Theresa,

      The claimant can file an appeal to contest the calculation of a claim; however, usually appeals have to be filed within sixty days of the determination, in this case, within sixty days of the award letter that listed payment amounts and dates eligible for payment.

      I do not understand clearly enough the situation with the apparent two claims to provide any specific guidance; however, it seems as if the attorney was paid $1,600, then the back pay received by the claimant should have been $4,800. You might be able to get the Social Security Administration to reopen the calculation of that back pay even if he are outside the appeals period and pay the remainder based on the amount paid to the attorney.

      One last thing to consider is that SSI back pay above $2,199 is paid in up to three installments six months apart, so if he got $2,199, more may be coming.

      Sincerely,
      Kay

  96. Nyrice says:

    I was just approved for ssi I wanted to know can my back pay be used for furniture in my house and for clothes etc for me and my children since this is my only source of income and does the back pay only get use for thing contain to my medical condition which is MD

    • Kay Derochie says:

      Dear Nyrice,

      Your SSI benefits are intended to provide for your food and shelter and other needs including medical. The money is yours; so if you choose to use some of it for your children whom you support, you may do so.

      • Nyrice says:

        Thanks for your help… I was told that the money can only be used for my medical needs that I can’t get a bedroom set just the mattress and box or I couldn’t get a bed for my kids I struggled the last two years finacally trying to make ends meet its really upsetting when you can’t spend your money the way you want to

        • Kay Derochie says:

          Dear Nyrice,

          In your prior post, you wrote that the SSI benefits were yours, meaning that they were paid for your disability. If that is the case, you can use the money for any of your needs or, if you choose, your families needs. If the SSI is for your disability, I think a misunderstanding occurred when you were told you couldn’t use it for furniture or other household needs. It is possible that the representative thought you were inquiring about a dedicated account for a minor disabled child.

          If in fact, the back SSI benefits you got were paid for a disabled child for whom you are payee, then the back pay has to go into a dedicated account and its use is restricted. I think that the idea behind the dedicated accounts is for the disabled child to possibly have resources necessary to recover as much as possible from his or her disability and even eventually be able to work. For that reason it is limited to medical, education, and job training. You may also be able to use the money for the following things if they are related to the child’s disability: personal needs or assistance (for example, in–home nursing care); special equipment; housing modification; therapy or rehabilitation; or other items or services approved by your local Social Security office, like legal fees incurred by the child in establishing a claim for disabled child’s benefits. You may not use the back pay in the dedicated account for basic monthly maintenance costs such as food, clothing, or shelter. You can use the regular monthly SSI benefit for the child’s food, clothing, or shelter.

          Sincerely,
          Kay

  97. Cat Stewart says:

    My hisband has recent been approved for SSDI. his attorney has date hos claim back to Sept of 2013 but SS only went back to Aug of 2014. He had what the lawyer call a failed attempt at work which resulted in being rehospitilize. Is it worth appealing? Also we have two minor children in the home, should we apply for them ourselves or allow the attorneys to complete that process as well? Will the kids recieve retro payments from the date theie father waa determined disabled?

    • Kay Derochie says:

      Dear Cat,

      Please see my response to your first post. Your children, if eligible (again see my first response), will receive benefits for the same months as your husband.

      Sincerely,
      Kay

  98. Tiara says:

    Hello! I have a question. Can they look me up in the system if I got disability when I was a child? My mother informed me that she got disability for me when I was little.

    • Kay Derochie says:

      Dear Tiara,

      Social Security may be able to find some indication of the benefits you got if you give them your Social Security number.

      Sincerely,
      Kay

  99. Samantha says:

    My question is I finally got approved for disability after fighting since 2010. I got a fully favorable decision but sadly do not get ssi. What I wondering is how long it takes to get my backpay and money to start coming in and I have been told that I have to spend every bit of my monthly check that I can save any of it. Is this true? And as far as the back pay with it all come at once or will it be broken up into segments?

    Thank you for any help you can give me.

    Samantha

    • Kay Derochie says:

      Dear Samantha,

      To answer your question, I need to be sure of which benefit you were approved for and which you will not get. Were you approved for Social Security Disability (SSDI) or Supplemental Security Income (SSI).

      Sincerely,
      Kay

      • Petros says:

        Hi. I’m 53 years old. I’ve worked all my life since age 16 in Chicago Ill. My Dr just took me out of work. I have Thorasic Outlet Syndrome and I’m a Cancer survivor. Due to this pain all over my body my lymphoma are starting to get swollen. I opened my own Pressure cleaning business in 2002. I didn’t pay SS the last 5 years. I filed for Social Security Retirement not SSI. I received a letter telling that I don’t qualify for Social Security retirement because I didn’t pay the last 5 years. I have my credit but I will be entitled to them when I reach 62. My question is… If I pay SS the 5 years that I didn’t pay them, would I be able to apply and get my Social security retirement. Any help…. Thank you

        • Kay Derochie says:

          Dear Petros,

          Check with the IRS but I think that you can only file amended tax returns for the last three years and to do so you would have to file the oldest year by April 15 of the next year. If you do so and pay the self-employment tax, you might have enough credits in the ten years before your disability began to be insured for Social Security Disability. Do check with the IRS because it might be possible to file farther back because you owe additional tax.

          Sincerely,
          Kay

          Sincerely,
          kay

  100. KK says:

    I first became disabled in 2007. I was issued income from my LTD policy from my employer benefit. This was my only source of income. My situation did not improve, it became worse and I was never able to work again. 3 years into my disability, I found out that my LTD policy was only good for 5 years, so I applied for SSDI. My monthly award based on past earned income would have been $1800 if approved. I was denied (how does that happen when it is clear that I was disabled ????). I was unsure of what to do or how to proceed. I did not know at that time that I could have a lawyer without a huge cost to me, money I didn’t have. So I spent a couple of years living off of family and friends. I eventually found out that I could get an attorney, so I did so in 2012 and was approved for SSDI in 201 (funny how that works, you only get approved if you hire an attorney, but SSDI sure won’t tell you that). My award by this time was only $700 a month because SSDI decided that I was only disabled from my second application in 2012, not the first in 2010 or the fact that I was found to be disabled by doctors and a LTD policy in 2007. This to me is an outrage and seems like a tactic on SSDI’s part to delay people until their earning credits are diminished thereby reducing the award to the minimum. I was certainly disabled the first time I applied and have never worked since then, but I sure enough worked and pay taxes for 20 years before that. I am not so upset about the back pay, as the rate of pay. Is there anything I can do to argue that my monthly payments should be calculated based on my earnings from the first time I applied and was most certainly disabled?

    • Kay Derochie says:

      Dear KK,

      The disability benefit formula is based on earnings and there is also an age-at-disability factor in the formula. Therefore, the date of disability does affect payment amount. That said, you can ask to see a copy of your earnings record to be sure that all your earnings are recorded. If they are not, you can appeal the amount and present W-2 forms or pay stubs to prove the missing wages.

      Sincerely,
      Kay

      • Regina says:

        I can’t find a way to ask my own question so— can you get back payments from both ssi and ssd. I was approved for both? Thank you Regina

        • Kay Derochie says:

          Dear Regina,

          Your Supplemental Security Income (SSI) back pay will be calculated first. Then your Social Security back benefits will be paid with an offset (reduction) in an amount equal to SSI paid for the months that you were eligible for both benefits.

          Sincerely,
          Kay

  101. benjamin workman says:

    Hello i received first monthly benefit in May. Then May 21 I got $3100 for sssi backpay. They said i will be getting $17974 back in ssdi backpay all at once in 3-5 days, at the latest July 20. I was under the assumption it was going to be 6 month increments since I’m getting Social Security Disability benefits. I’m confused, any help would be greatly appreciated. I also need uroscopic surgery very soon which i told them about. Thanks.

    • Kay Derochie says:

      Dear Benjamin,

      SSI back pay usually paid in six-month increments if the amount due is over $2,199. One exception is if you will not be eligible for continuing SSI benefits, in which case the SSI back pay is paid in a single check. Apparently, your Social Security is high enough to cause the SSI to stop so the full back benefits were paid out.

      Sincerely,
      Kay

  102. Bluboy says:

    I applied myr date 01-01-15. I was approved. Renal failure due to 45 year diabetic.oulg I try to WillIget any back pay? Next, I filed last Jan. due to diabetes was denied. Should I reopen forbackpay

  103. Joe wier says:

    Hello. I applied for ssi and was initially denied. I recently had my hearing and was approved for Ssdi. Listed my disability date as 9-1-2012. I went to the ssi office and they said I probably qualify as a disabled adult because my injury happened 9-9-1996 when i was 1 now im 33 and live with my retired parents in the basement apt. I have no income my dad receives a little over 1600 from ssi. Will I be better off pushing for the Disabled adult child benefit or stick with with ssdi alsowhat would a rough idea for back pay to either of those be? Thank You

    • Joe wier says:

      when i was 14 sorry

    • Kay Derochie says:

      Dear Joe,

      If you were approved for Supplemental Security Income (SSI), you will be required to apply for any Social Security you are eligible for including disabled adult child benefits. If you were approved for Social Security Disability (SSDI) based on your own earnings records, disabled adult child benefits will be paid only if the benefit exceeds your own SSDI. In that case, you will receive SSDI and disabled adult child benefits in an amount equal to the difference between that benefit and your SSDI.

      Sincerely,
      Kay

  104. Linda says:

    Hi Kay,
    I filed for disability 5 years ago and was denied because I could not afford to go to the doctor for the proper documentation. Due to my diabetes mean time I went completely blind. I reapplied and now my paperwork is in the hands of the Doctors that go over it and approve or disapprove it.
    If I get my disability, will they also give me back pay from when I filed before? How does that work?

    • Kay Derochie says:

      Dear Linda,

      Payment will be based only on your current application. Social Security Disability benefits begin the later of the sixth full calendar month after your disability began or twelve months before the month of your application. Supplemental Security Income (SSI) payments begin the month after the month of application except if you apply on the first day of the month, in which case benefits begin to accrue with the month of application.

      Sincerely,
      Kay

  105. Michelle says:

    Dear Kaye, I had my hearing March 17,2015 and was approved for my disability. My first check came on June 10th and my second check is set to be deposited on July 8th 2015. I did not qualify for ssi and that letter was sent so my back pay would be released. My attorney has already been paid on May2nd but I have yet to receive my back pay. I’ve called several times to my attorney and ssa but get different answers. I’ve sent them a copy of my certified eviction notice and the guy at ssa that did my paperwork has already sent the processing center a email asking for release of funds do to my dire situation and still no response. Can you tell me how long it generally takes to receive back pay and if it will come in one lump sum or not I’ve been told that it will by one person and that it will be split up by another? Again this is disability I worked up until 2011 when I could no longer work Please Help get me some answers to these questions. Also will it affect me getting my check by calling the ssa on a weekly basis trying to get answers ( I’ve been told by a family member that it could slow up my process) Thank You for any Advice you can give.

    • Kay Derochie says:

      Dear Michelle,

      Release of Social Security Disability back pay can take two to three months after the first monthly payment is made. I suggest that you request a statement from your local office that you are due back pay and that may take a couple months to process. Then show that letter and the hearing approval letter that states the date you became disabled to your landlord to try to forestall eviction. Note that the local office won’t put the amount of back pay in the letter or verify how far back it goes.

      Sincerely,
      Kay

      • michelle says:

        Dear Kay I received a letter already telling me how much my monthly payment would be plus how much my back pay would be $26k – my attorney fees. I’ve reached out to my congresswoman as told to do by my attorney but am afraid to sign release for them to get an update on the status of my back pay cause a lady at the SS office said repeated calls can slow up the release of payments is that true? A supervisor at the local office has also sent an email to the payment center last week. Thank You for answering my previous question. Sincerely,Michelle

        • Kay Derochie says:

          Dear Michelle,

          Repeated calls slow things down because time spent answering calls can’t be used to process payment. It sounds as if your local office has done all it can do to follow up with the payment center. It may or may not help to have your congresswoman’s office follow-up. It should not hurt anything.

          Sincerely,
          Kay

          • Michelle says:

            Dear Kay, How do I get in touch with the payment center? I’ve called a number that says it’s a call center and the SS office but they all say you can’t call the payment center. So if you have any info to let me know how to get in touch with them that would be great. Sincerely, Michelle

          • Kay Derochie says:

            Dear Michelle,

            Social Security’s payment center is not open to public contact and rarely initiates public contact. Your local office can send a follow-up memo if your payment has pended longer than the guidelines, but the local office has no control over pending times.

            Sincerely,
            Kay

  106. Judy says:

    After fighting 6 years I was fully approved for SSI Title 2.. The judge expedited all paper work had my letter in 2 days and I have a benefit letter on line along with my monthly amount. In the letter from the ADJ my onset is 3/1/11 On line it says benefit amount from 12/1/2014 thru 4/30/2015. I was told I would receive minus 5-6 months back pay from my on set date. Online does note that I had a change in benefits and could be incorrect.
    Also I might add the Judge told me he would submit as dire situation to expedite. I know my first month is July 2015 but back pay is needed I am behind in rent and bills.. I also owe back taxes I understand that will come out of my back pay it is the balance I need I am told it is at the payment center (My atty has been paid) and I know they contacted the state tax (I called and was glad to hear they were taking what I owe).. So I get this is moving but how much longer … It has been 6 years since it started this Monday..
    Judy

    • Kay Derochie says:

      Dear Judy,

      With a March 1, 2011 disability date, your benefits should begin the later of August 2011 or twelve month before the month of the initial application that was approved at the hearing. Therefore, it would appear that some partial back payment has been made, which is unusual. Because you are seeing a progression in the processing, I would guess perhaps a month more.

      Sincerely,
      Kay

      • linda says:

        Hi this Linda I apply ssi in December 2014 and on may they send to me In the clinic for hearing test I still waiting for results so I call them they said they were checking everything to make sure if correct of the decisions so my question is that mean I’m approve or denied

        • Kay Derochie says:

          Dear Linda,

          I think your post may have a typographical error in it. Please check “to make sure if correct of the decisions” and explain to me what you meant to say and I will try to respond.

          Sincerely,
          Kay

        • shelly mincey says:

          Do u have to go get tested with ssi ro see if u have a disibility

          • Kay Derochie says:

            Dear Shelly,

            The Social Security Administration will ask you to attend a consultative examination only if your medical or mental health records are insufficient to determine whether or not you meet Social Security’s definition of disability.

            Sincerely,
            Kay

      • Rob says:

        I was recently approved for SSDI and SSI on June 17th 2015. I was told my EOD will be December 26 2014. I am unsure what will account as my filing date because I have filed a total of 3 times. Two because I had to have income but could not sustain the jobs and the final and third time as due to the case worker not receiving my appeal paperwork for the March 2014 filing in time being denied due to returning to work. The case worker told me it would count as a unsuccessful work history and advised me tp filed once more in February or March of 2015. Now you have the history my question is would I qualify of back pay and retroactive back pay with the 5 month waiting peroid? If so, how many months would I qualify for both? Oh yes, the initial filing was like June or July of 2013. The first two times I had to go back to work to support my family, but only worked a few months each time.

        • Kay Derochie says:

          Dear Rob,

          It would appear that for whatever reason, your work was not treated as unsuccessful work attempts or your medical records were not strong enough to support disability before December 26, 2014, which is the date that the Social Security Administration established as the date you became disabled.This means that your benefits began to accrue in June 2015, the month after the end of the five-calendar-month, unpaid waiting period. If you want to know the exact reasons for the date that was established, you can request a copy of your claim file to read the decision memo and review the evidence on which the decision was based.

          Sincerely,
          Kay

          • Rob says:

            Kay, thank you for the apply. One more question. If my SSDI benefits are over $733 will I have a chance to receive SSI also? Thank you!

            Rob

          • Kay Derochie says:

            Dear Rob,

            If you have no other income, and your SSDI is less than $753, you could be eligible for a small amount of SSI and in most states Medicaid insurance.

            Sincerely,
            Kay

    • henrietta goodson says:

      my question is my daughter had a hearing in feb 15.she was denial twice at the hearing the appeal s sent it back if they can prove she was disable before 22 will it go back that far and pay her ssi and off my recond that far. before they stop her benefits she was getting ssi and social security a month.

      • henrietta goodson says:

        form o7 till now

      • Kay Derochie says:

        Dear Henrietta,

        Your post does not include your question. If you would like to send your question, I will attempt to answer.

        Sincerely,
        Kay

      • henrietta goodson says:

        i have been trying since 2007 for benefits for my daughter she had her third hearing feb. 18 15 the appeals counsil sent it back twice my question is if she is approve this time will social security go back that far if she was disable before 22 and will she get two back payments from ssi and ssd cause was a disable child under my reconds.

        • Kay Derochie says:

          Dear Henrietta,

          If you daughter is approved, her benefits will be paid back to the initial claim she is appealing. She will receive Supplemental Security Income (SSI) back pay first. Then her Social Security disabled adult child back pay will be paid and it will be reduced by any SSI back pay paid for the same months.

          Sincerely,
          Kay

          • henrietta goodson says:

            tyu kate

          • Kay Derochie says:

            You are welcome, Henrietta.

          • henrietta goodson says:

            what is retroactive means if ssi don’t pay retroactve benefits will my daughter get a back pay from ssi if she approve i been trying since 2007.

          • Kay Derochie says:

            Dear Henrietta,

            “No retroactive benefits” means no benefits before the date of the application. If your daughter is approved, she can potentially get back pay going back to the application she is appealing now, not back to prior applications.

            Sincerely,
            Kay

            Sincerely,
            Kay

          • henrietta goodson says:

            hey kate my daughter had a hearing in aug 2012 withe the same judge i called in oct the same year the lady at the hearing office said her claim was closed out it was a denial letter .now it been since feb 2015 i haven’t heard a word i called today the lady said her claim need to be sign by the judge then sent to her is that a good sign right maybe she was approve this time because it wasn’t close out this time right.

          • Kay Derochie says:

            Dear Henrietta,

            The information that you received indicates that your daughter will be getting a letter very soon. It does not indicate anything about whether the claim is approve or denied.

            Sincerely,
            Kay

          • henrietta goodson says:

            hey kate, i called the hearing office today they say my daughter claim in finally editing is that the last stage before they mail it . by them hold it almost 6 month do u think she was approve this this time after all this was her third hearing .

          • Kay Derochie says:

            Dear Henrietta,

            After the appeal comes out of editing, it will go back to the judge again for signature. Then it will be mailed for you. I cannot predict whether your daughter will be approved.

            Sincerely,
            Kay

          • henrietta goodson says:

            dear kate my daughter had a hearing in feb 15 i called the hearing office her case is still in editing it’s been since june is that norm to wait almost 7 month for a decesion.

          • Kay Derochie says:

            Dear Henrietta,

            I don’t know that seven months is the norm, but it does happen. Your daughter should be getting a letter soon.

            Sincerely,
            Kay

        • henrietta goodson says:

          dear kate it’s oct i still haven’t heard from my daughter claim am getting worried now it taken to long.i called today to talk to her lawyer they given me the run around do they know and not telling me or they are waiting like me to.oh and can the people at the hearing office see my case and not telling me the decesion. help me.

          • henrietta goodson says:

            dear kate i got my answer today they denied my daughter i will talk to lawyer and c what next . but tyu 4 helping me.

          • Kay Derochie says:

            You are welcome, Henrietta.

          • Kay Derochie says:

            Dear Henrietta,

            Your attorney is waiting the same as you are and the hearing office is telling you the truth about the stage your daughter’s appeal is in. It has been a long time, but really all you can do is wait.

            Sincerely,
            Kay

    • mark miller says:

      Mark mille
      I have been fully approved for disability dating back aug1 2011. I am 64.5 and have been getting early ss since Jan 2013. My amount is 1636 a month. What should I expect in back pay? I know that it does not start till jan2012
      Thank you
      Mark

      • Kay Derochie says:

        Dear Mark,

        You will receive the difference between your disability rate the reduced early retirement benefit you have been receiving.

        Sincerely,
        Kay

        • mark miller says:

          Thanks,
          The year before my early ss, will I get my full retirement benefits 1636+?

          Thanks again
          Mark

          • Kay Derochie says:

            Dear Mark,

            When you reach full retirement your benefit will be reduced slightly from the disability rate for the months you received early reduced retirement before your disability benefits began to accrue. Once you know your disability rate, you can estimate the reduction at full retirement age. The reduction factor is 5/9′s of 1% for each month you received early retirement.

            Sincerely,
            Kay

        • Ivy helton says:

          They are going back to march 2012 will my kids get backpay seperate from my back pay and will my daughter get back pay bc she was under 18 at the time she is 19 now.

          • Kay Derochie says:

            Dear Ivy,

            If you listed your children on your original application, benefits payable to them will begin to accrue in the same month as your benefits. Your benefits will be paid first and then your children’s. Your daughter who is of age will receive a separate payment for the months she was eligible.

            Sincerely,
            Kay

      • henrietta goodson says:

        ok tyu kate

      • henrietta goodson says:

        tyu kate i’ll just have wait to see lol

      • henrietta goodson says:

        dear kate if it true they only use writer if your case is denied after a hearing.or they use writer if your case is approve i been waiting since feb 15 for a decison on my daughter case,.

  107. Tanya says:

    Hello Kay,

    I must give you kudos because your answers are like a breath of fresh air on a Spring morning. Thank you for caring enough about all of us to take the precious time from your life to help others. God Bless you!

    I got approved for SSD/SSI on May 22, 2015. My application for a disability and disability ins. benefits was filed on Oct 28, 2011, disabled date given Sept. 16, 2011. I originally filed back in 2007 but my attorney amended the alleged disability onset date from Nov 29, 2007 to May 17, 2010. How will everything calculate out regarding back pay? I was told my claim was at the payment processing center. I have only received the Order from the Judge’s decision. I have no info in my online account. I am married but have been living separate and separated since 7-2014, I lived with my brother from July till Jan 2015, I was dependent on his tax return. I was a student and used financial aid to rent my own apartment in Jan 2015, I pay three months at a time. All electricity etc. is included in the rent. I get foodstamps.

    How do I figure how much back pay I will get for both SSD/SSI? Will you please explain how my situation will pan out?

    Thank you very much, keep up the grand and noble work.
    Tanya

    • Kay Derochie says:

      Dear Tanya,

      Thank you and you are welcome.

      Your Social Security back entitlement will begin March 2012, the sixth calendar month after you were found to be disabled. If you have been given an estimate of your monthly benefit, you can multiply that amount times the number of months between March 2012 and now. That will give you a rough estimate of the Social Security back pay. An amount equal to the Social Security back pay will be paid, some from SSI and some from Social Security.

      SSI back pay is paid first and then the Social Security back pay is reduced by the SSI paid for the same months. SSI benefits are calculated on a monthly based on your income and resources in the month. Your husband’s income will be considered in calculating your benefit up through July 2014. From August through January your benefit is likely to be reduced for receiving free housing from your brother. (Through December if you moved into your own apartment at the end of December.) The student aid may also reduce your SSI because you used it for housing. The reductions in SSI will result in more of your back pay coming from the Social Security.

      Sincerely,
      Kay

      • Tanya says:

        Oh, I almost forgot to add this, the csr with ssa also informed me today that what she sees in the computer is a note (no official doc) stating I received a “fully favorable decision” dated 6-14-15, I explained to her that I received a “partially favorable decision” on May 22, 2015, why or how did it change? She then told me to go to the local office and let them know. If I do that, what will happen? Am I better off just leaving everything alone?

        Thank you so much!tm

        • Kay Derochie says:

          Dear Tanya,

          This is in response to both your postings.

          I would trust the letter over computer coding as far as the nature of the approval–partially favorable versus fully favorable. Based on the partially favorable decision and the date you gave me, your Social Security (SSD) back pay should have begun to accrue March 2012.

          If you were not living with your husband at all from November 2011 through February 2012, you could be eligible for SSI for those months and the SSI paid would not reduce your Social Security back pay. If that is the case, you might appeal claiming just those months. If benefits are awarded, your attorney may be eligible for a 25% fee from the SSI. Given that you have already been paid SSD back pay, you likely would not be paid SSI for March 2011 continuing. If you were, you would have to refund the same amount from your Social Security back pay for overlapping months.

          As far as ongoing benefits go, your gross Social Security before Medicare premium deduction is countable income for SSI so you are not eligible for a federal SSI payment. Since you are being told you are not eligible either your state does not have a state SSI supplement or your income is too high for it.

          Sincerely,
          Kay

    • Tanya says:

      Hello Again Kay,

      I have another question. I have accurate dates this time. My Decision from the ADJ states based on the application for a period of disability and disability insurance benefits filed on 10-28-2011, the claimant has been disabled beginning 09-16-2011.

      Additionally, I met the insured status requirement thru 6-30-2013, have not engaged in sga since the amended alleged onset date of 5-17-2010. no income since. Separated from husband in 2011 for two months and I lived at the address that I filed my application which is the one they mailed my first backpay for ssd, now ssa is telling me I was not approved for SSI because of my husbands income, which was at the time unemployment compensation and we were separated then. They are telling me that I did not qualify and was denied because of my husband’s income. I am current still separated and live in my own apartment. Divorce should be final real soon. I have no income at all and receive foodstamps and since getting approved for the SSD the foodstamp office added Medicaid to my account. So, I got ssd back pay, sent to the wrong address in paper check today, I called three times since beginning of June and had to update my address, phone and direct deposit each call with SSA. Then, I find out they still mailed out the check and to the wrong address. At least I get a check, its been a long painful journey.

      The Judge approved me for partial favorable based on the alleged amended onset date of 5-17-2010, and the EOD of 9-16-2011. SSD is all I was told I qualify for and that the payment I get from SSD is higher than the SSI maximum. The SSD amount has a premium for Medicare B deducted and with that deduction I fall under the SSI maximum monthly amount of $723 or whatever it is now. Without the deduction I would be over the maximum allowed monthly amount. If Medicaid I receive from my State pays the premium the deduction for Med B becomes a credit back to the ssd monthly amount. I was told by the csr that I was better off with just SSd because the monthly payment is higher.

      Based on all of this, what do you think? I was told by my attorney that I was approved for SSD and SSI, concurrently. What about the back pay for SSI? What date did they start the back pay for SSD, this is the first payment sent out, back pay for SSD which includes my monthly amount minus $6000 to my attorney. They stated I would get the next regular paymt in the third Wed of July give or take.

      Will you please explain to me why I should just accept not getting SSI and just settle for what I get from SSD? I was advised to go to the local office but I am afraid too, they might start a new app or something worst. I wrote my attorney and left a message today, so far no reply. Just been a day:)

      Thank you for your time and wisdome!
      Tanya

  108. Sherry says:

    I have a child that was born totally disable she will always be depend on us. I applied for SSID for her when she was 2 to 3 years old and was denied because my husband and I made to much money. This I don’t understand it does not make her any less MR and disable if I made 10,000 dollars a month. I was told I could quite my job and she would qualify. I’ve been told by serval people that at the age of 18 years old she will qualify for SSID and that SSID will go back and pay back pay from the time we first applied and were denied. Is that correct? if it is that doesn’t make since. My child will always be depend on us, so why wouldn’t they just help I the beginning? Thank you Sherry

    • Kay Derochie says:

      Dear Sherry,

      You applied for Supplemental Security Income (SSI), not SSDI, which is Social Security Disability paid to workers who have paid into the Social Security insurance system.

      SSI is a federal welfare program for disabled and aged individuals who have low income and assets. The program is intended to provide shelter and food. When the disabled person is a minor child, the income of the parents with whom the child lives is considered in determining financial eligibility. When your child turns eighteen and becomes an adult, your income will no longer be considered. SSI benefits are never retroactive and begin the month after the month of application, so apply for her in the month she turns eighteen.

      Sincerely,
      Kay

  109. Michael Rasberry says:

    I was just ruled disabled yesterday, 5-12-2015. The lady at SS said he set my date of becoming disabled all the way back to 2011. About back pay, I am expecting to get back pay all the way to back then, minus a few months. Now several people told me today a law was recently passed limiting back pay to a maximum of one year. Please tell me if this is true or not. I would lose a great deal of money if true.

    • Kay Derochie says:

      Dear Michael,

      Although not a new law, the law does limit retroactive Social Security Disability benefits to twelve months before the date of application. (Supplemental Security Income [SSI} benefits begin the month after application.)

      Sincerely,
      Kay

  110. Marta says:

    Hello ms kay… I have been trying to get approved over five years… I am 35 years old… My case has been denied all the way up to the appeals councils level… Now im at the point where the examiner calls me to come pick up extra forms to fill out… Today the examiner over my claim called me at 7:15 am to come pick up a funtion report… What is this all about?? Please help me

    • Kay Derochie says:

      Dear Marta,

      It sounds as if you have filed a new second claim. It is unusual to be asked to pick up a report instead of having the report mailed to you; however, you should provide everything that is requested. If you are not able to pick up the form, ask to have it mailed.

      Sincerely,
      Kay

      • Nicole sporish says:

        Hello ms Kay I’m 17 years old and I’ve been receiving my ssi check since I was 5 years old my check got cut off 3 years ago because I wa in foster care now I’m out of foster care and I still see my same mental health doctor I’ve been seeing since I was 5 years old I’m reapplying for my ssi check on July 15 2015 I have a appointment at my social security office . I believe they are going to approve me without me having to appeal it in court because I’ve had my check almost my whole life . I’ve always have received about 700-750$ . I’m wondering will I get retro active money/ back pay money from social security since my check been cut off and how much and how soon will be regular ssi check come on after July 15th 2015 (my appointment to reapply)

        • Kay Derochie says:

          Dear Nicole,

          If you are approved, your Supplemental Security Income (SSI) benefits will begin the month after you contacted Social Security and set up the appointment. If you did so in June, then benefits would begin to accrue in July. SSI does not pay retroactive benefits.

          After you file the application, the medical and mental health information you provide has to be reviewed, which can take two to five months. After the medical approval, it can take from a couple weeks to a month or more for the SSI payments to start.

          Sincerely,
          Kay

          Sincerely,
          Kay

  111. Barb says:

    I’m sorry, I should add that he has been receiving his monthly disability benefits of $1408 since Feb 2015.

  112. Barb says:

    Hello,
    I just recently went to my local SS office to inquire about my husbands backpay. The 2 SS workers there looked at me like they had no clue what I was saying. My husband was found to be disabled as Jan 2014. He got his “award” letter dated Jan 31, 2015. He had already been previously receiving early retirement (62) at the amount of $1170 from Jan 2014-Jan 1015. The letter states he should’ve received $1385 for those months. He should receive backpay. His award letter states, ” We are withholding your SS benefits from Jan 2014-Dec 2015. We may reduce benefits if you received SSI. When we decide we will send you another letter and pay you for what you are due” What does this mean?? They are waiting to see if he receives SSI for the next 7 months before they realize we won’t. (We make too much $) We have never received nor will we receive SSI. Does this make sense?? Thank you so much! I can’t find anyone who can help me!!

    • Kay Derochie says:

      Dear Barb,

      I think that perhaps there is a clerical error in the letter. I think it is supposed to say December 2014 because your husband’s Social Security Disability (SSD) benefits have been paid for January in the month of February. You need to request the local office to double check that they have sent word to the payment center that your husband is not eligible for SSI. His SSD back disability benefits will be reduced by the amount of early retirement benefits that he received for months he was eligible for disability. It can take three months or more to get the back pay released.

      Sincerely,
      Kay

  113. Shirley Massey says:

    I put in for my retirement 4/14 and then my husband died 6/14 and when I went to the social security office she told me to save my social security until I was 66 and draw a survivors pension which would be 1188.00 and mine would have been 1039.00 so I said I would take the survivors cause that is what she suggested. I also filled out for disability and was approved 12/14 but they said the onset was 6/14 so no back pay so my lawyer appealed it and now they went back to 4/13 but less five months start 10/13 so they sent letter saying they owed me 10,300.00 and paid the lawyer 3.375.00 then sent me another letter stating I owed them 5,516.00 cause I received to much survivors benefits and that I should have only received 81.00. They are the ones that told me what I would receive and if I had known this I would have drawn mine. I have received no money and I think they are trying to take it all. They also asked me if I had received any disability payments from my job and I did for a few months in 2013 will they deduct that to.

    • Kay Derochie says:

      Dear Shirley,

      You cannot receive both full widow’s benefits and full disability benefits for the same period; therefore, the back pay of the disability claim is used to collect the overpayment on the widow’s claim caused by your retroactively switching to disability benefits. At the time that you filed your claims, it was not known whether your disability claim would be approved, so the guidance you got appears to have been correct. If you had drawn your own reduced retirement benefits, your retroactive disability award would have been reduced by the retirement benefits you received for the same period, so the result is nearly the same. Based on the amounts you posted, I expect you will get back pay of $1,409. When you reach full retirement age, you can switch back to widow’s benefits if the benefit is higher at that time.

      If your disability benefits were from a private employer or you paid Social Security tax (FICA) on your wages from a public employer, your Social Security will not be reduced for the employer-sponsored disability benefits. If Social Security is paid for the same months as the employer-sponsored benefits were paid, you might have an overpayment of private disability benefits. You can find out by checking your employer-sponsored insurance policy.

      Sincerely,
      Kay

      Sincerely,
      Kay

      Sincerely,
      Kay

      Sincerely,
      Kay

  114. Pamela says:

    Hi Kay,

    I forgot to include that I am 57 and I am a wage earner of 42 years. I am uncertain how the grid rules would apply to me. My occupation was a Manager of a storage facility. There was a lot of stress and heavy lifting. My medical resource statement signed by my Rheumatologist states 0-2 hours a day for 4 days a week with a lot of restrictions because of my chronic pain, anxiety and panic attack’s. How would the grid rules apply to me? Thank you Kay.

  115. Pamela says:

    Hi Kay,

    My original hearing date is May 28, 2015. I just received notification from the ALJ that he is moving out of state and I have the option of doing a video hearing with him or my case will be transferred to another ALJ and it could take 30-90 more to set a hearing date. My attorney advised against the video hearing. He stated that the original ALF only has a 20% approval rate. I have been diagnosed with Fibromyalgia, Rheumatoid Arthritis, Degenerative Disc Disease, Panic Attacks, anxiety and depression. My case has been approved by the ALJ as critical. The choice has been let up to me. What is your opinion given the information I have given you? Should I do the video hearing or wait for and ALJ to take over my case? Thank you, Kay

    • Kay Derochie says:

      Dear Pamela,

      I would follow your attorney’s advice. Given that the appeal will still be in critical status, it is unlikely that you can do anything to speed things up further.

      Sincerely,
      Kay

  116. lisha says:

    Does ssi count as months of stable gainful employment?

    • Kay Derochie says:

      Dear Lisha,

      Substantial Gainful Activity (SGA) is working for money. Supplemental Security Income is paid because of disability or advanced age; you do not work for the benefit so it is not SGA.

      Sincerely,
      Kay

  117. Kelley says:

    Kay I would like to know if what I’ve been told is true. I was told that because I was married for over ten years to both of my husbands, and I was both my husband’s first wife that as long as I’m not married, that if they die or retire I could get a small sum of either the ssi or retirement.

    • Kay Derochie says:

      Dear Kelley,

      You could potentially be eligible on both husband’s Social Security accounts because both marriages lasted ten years. (You do not have to be the first wife). If the benefit on your former spouse is more than your own Social Security retirement benefit, your can receive the difference between the higher benefit and your own retirement benefit. The partial dependent or widow’s benefit would be paid in addition to your own retirement.

      Sincerely,
      Kay

  118. Amanda says:

    Hi Kay!

    My question is that I applied for disability on 1/20/15, with a disability advocate. My disability medically documented onset date is 02/2013, I am married with two children,ages 2 and 3. My fear is that I will be determined to be a unfit mother. My disability, is mental debilitating, rapid cycling bipolar disorder, anexity, psychosis, social phobia. I’m scared. I applied for disability, because I can not keep a job, I can not leave my house. I am sure I just sound like a lazy person looking to leach of the system. With all that being said, what can I expect from applying? Is it worth the turmoil of bringing on the fear of losing my children? My boys are my life. They are all I have. I applied to help my family. Thank you in advance, I appreciate your time.

    • Kay Derochie says:

      Dear Amanda,

      Before I respond, please clarify whether you are married and living with your husband or not. (You say you are married, but you also say your children are all you have.)

      Thank you,
      Kay

      Sincerely,
      Kay

  119. goldey says:

    Notice of Decision- Fully Favorable…
    SSI for a child 9yrs old wv Autism, Asperger’s disorder borderline

    The Claimant has been under disability as defined in the social security act since OCT 3,2012 the date the application was filed (20 CFR 416.924) if the claimant is eligible the amount and the months for which payment will be made.

    The worker is saying she is going to received 6,000 back by and that’s all! An three payments of 6,000…? This doesn’t sound right at all? She needs proof of wages 10/12 -0/2014 proof unemployment 10/12- 01/2014 proof of support 2/14-pp Tax ticket items sold on ebay…. Please well read this and respond? This is not right is it?

    • Kay Derochie says:

      Dear Goldey,

      Supplemental Security Income (SSI) benefits are calculated on a monthly basis, based on income received in that month; therefore, you do need to provide proof of income (and assets) from October 2012 through present.

      Child support is your child’s income and the maximum SSI payable will be reduced by all but $20 of the child support. Whether or not, the benefit is reduced further for your income depends on the amount of countable income you have. More earned income is excluded than unearned, such as unemployment. A certain amount of your income is excluded for your own support and the support of other minor children unless their child support exceeds their support allocations. Sales on ebay could be earned income if you have been buying and selling because that constitutes a business. The difference between the cost you paid for an item and what you sold it for less other business expenses would be your profit. If on the other hand, you were selling your personal possessions to cover expenses, you would be converting a resource from one form or another and should not be counted as income. If your child’s back pay is over $2,199, it will be issued in up to three installments six months apart.

      Sincerely,
      Kay

  120. Ceola says:

    Hi.I applied for ssi for my son in 2010. He i just recently found out he was approved in 2015i didn’t receive a approval letter or anything stating that he wss approve for benefits. I called to file for benefits again Jan.2015. Is when i spoke to a rep. And she mention that he was aready aprove. But she re did another application. So what’s the outcome of this?

    • Ceola says:

      I apologize for my typing…
      I found out in 2011 that he was approved.

    • Kay Derochie says:

      Dear Ceola,

      I do not understand your son’s situation. Was your son a minor when he was approved? Did he receive benefits? Why were you applying for benefits again in 2015 if he was already receiving benefits? Did you have to reapply for him because he had turned eighteen?
      If you can give me more information, I may be able to comment.

      Sincerely,
      Kay

  121. Daneesha says:

    I have a question my dad applied for disability in September 2014 he got approved in January 2015 but did not receive payment till march 2015. he receives $1121.00 a month. my question is my mother does not work she is 62years old shouldn’t they give her money too? Also he applied to ssi and got approved the sent him one check for $1458.00 and one for $600 and then they said because of his income he will not receive anything in march my question is what income are they taking into affect because the only income they have is SSDI $1121 and foodstamps $357? and will he receive back pay for disability?

    • Kay Derochie says:

      Dear Danisha,

      The benefit your father received in March is his monthly Social Security Disability (SSDI) benefit. Your father will receive back pay for some months and the back pay will be reduced by the Supplemental Security Income (SSI) back pay that he has been paid for the same months. His SSDI back pay will begin to accrue the later of the sixth full calendar month after disability began and twelve months before the month of application.

      Supplemental Security Income (SSI) supplements other unearned (not work) income of less than $753 per month. Your father’s SSDI of $1,121 exceeds the SSI income levels. Your mother can apply for reduced wife’s benefits at age sixty-two or she can wait to receive unreduced benefits at age sixty-six. If she takes benefits before age sixty-six, the reduction will be permanent, but if she is not planning to work, it may be to her advantage financially to accept reduced benefits. A Social Security representative can calculate how long she would have to draw full benefits to make up for not taking reduced benefits at her current age. (If she decides to apply, she should start the application before the end of the month to avoid losing benefits.)

      Sincerely,
      Kay

  122. Rita Dahnert says:

    I was approved for ssdi back in Oct. and have been getting my monthly benefits without any problems. However, my back pay is another long story. I was contacted by my debit card company (not ssa) that my back payment was returned to ssa after my debit card was denied a direct deposit payment due to the limit put on the card. So it went back to ssa. In the meantime, I opened a back account and notified ssa of the change in direct deposit. The payment was reissued and was returned again after ssa tried to put it on my debit card instead of putting into my bank acct. Then I was sent a letter from ssa stating that I would get a check in the mail. So I waited over a week, and still no payment. Contacted ssa again. It has been 3 more weeks and still no payment. I have filed a complaint with ssa as well and I am still waiting for a response from them. I’m tired of contacting these people that evidentally don’t know what they are doing. I just want my back pay…….and I know that all they have to do is put some info into a computer and push a button and whalla it’s in my account……If you can’t tell, I am over frustrated and angry over this whole situation and I don’t know what else I can do. They tell me I just have to wait…….really, it took me 6 years to get approved after going all the way to federal district court! I am beyond tired of waiting!!!!!!!!!!!!!!!!!

  123. Sharon Johnson says:

    I applied for benefits over 2o yrs ago filled a claim and was denied filed my appeal I had an attorney representing me I had many many years of being disabled and 4 dependents on my claim I arrived to my hearing with the law Judge we talked or shall I say she asked questions with little interest in my answers went out spoke with my lawyer and decided that if I would start over with my claim she would award me benefits I said no I didn’t think that was fair I have never heard anything from them I am a certified nursing assistant after no response thinking My attorney was working on paper work I tried throughout the years to work changing my jobs to agency work picking my own schedule which didn’t help either I am unable to do the lifting so I applied again in 2013 and it seems like they are denying me again I have documentation and it seems they are asking me to go through the same exams as if my doctors are wrong I am very anemic having recently had and Iron transfusion and blood transfusion and I have scoliosis and spondylosthesis and pica I just don’t understand why the law judge wanted me to start over and now that I am applying again they act as if I never applied before and my situation has gotten worse I’m just confused what would starting over have done except allowed them not to pay back money this cant be fair

    • Kay Derochie says:

      Dear Sharon,

      I can’t be sure, but I think that initially the judge determined that you did not have enough proof for the past period and was offering to approve your claim for the period that you had evidence and to pay you from that date ongoing. The good that it would have done is that you would have been getting benefits since then. You don’t say that you ever got a denial letter on the first claim. You should check with your attorney at that time to see if he ever got a denial letter. If no letter was issued that claim is still open. In the meantime, you should do everything asked for your current claim. Your prior claim file will not be reviewed for your current claim.

      Sincerely,
      Kay

  124. selina says:

    Another question so they don’t go bak to ur diagnosis I have all my medical records can I get a lawyer to make them go bak more I’ve had this horrible issue all my child hood and still suffering with it is there anything I can do and this is for SSI kay thanks in advance please a little more advice I have councilor paper work recent diagnosis and papers from first diagnost even copy’s of my medications ?????

    • Kay Derochie says:

      Dear Selina,

      Supplemental Security Income (SSI) does not pay retroactively. Benefits always begin the month after application unless you applied on the first of the month and then they start the month of application. Your older medical records could provide background for your current medical condition, but they will not get you benefits before the month of application.

      Sincerely,
      Kay

  125. dave says:

    Hi Kay, I am receiving ssdi benefits for myself. My Wife receives her ssdi for herself and our son. My question, I receive more benefit then she does, does my son still go under her benefit? Thank You, Dave

    • Kay Derochie says:

      Dear Dave,

      You should file an application for your son’s dependent benefits so that your son is entitled on both your and his mother’s records. His benefit will then be calculated on a combined family maximum and may increase. If you have been receiving benefits for more than six months, be sure to file the application this month to avoid losing back benefits, which are limited to six months.

      Sincerely,
      Kay

  126. Donna D says:

    I had my hearing on Dec.15th and I got a letter about 2 weeks later saying I am “fully approved” , my lawyer told me to wait 60 days for the payment to process, oh and at the hearing the ALJ said I was approved for 12 months , any idea as to when I will get my back pay ? I live in Pa. Ty

    • Donna D says:

      Oh and when I log onto ssa.gov they will not tell me how much I will be getting a month

    • Kay Derochie says:

      Dear Donna,

      A payment amount will not show up online until your benefit has been calculated and is ready for release. If your claim is for Social Security Disability (SSDI) and you did not apply for Supplemental Security Income (SSI) also, it can take from two to three months to get back pay after the first monthly benefit check, which can take from one to two months. If you also applied for SSI, the SSI will be paid first and it can take a month or two. If you did apply for SSI, call or go to Social Security and request an appointment for your financial update interview that is needed before SSI can be paid.

      Sincerely,
      Kay

  127. selina says:

    Hay Kay,

    I have been diagnost with bipolar ND post partum stress disorder
    I was diagnost in 2007 I’m right now going threw the process as we speak how far bak do the go bak wen ur diagnost or can u let me no any thing

    • Kay Derochie says:

      Dear Selina,

      I am not absolutely sure what you are asking, but I will take a stab at it. Supplemental Security Income (SSI) benefits begin the month after application or the month of application if you applied on the first of the month. Social Security Disability (SSDI) benefits begin to accrue the later of twelve months before application or the sixth calendar month of disability.

      Sincerely,
      Kay

  128. shawna says:

    Dear Kay
    I received one back payment from ssi now I am only receiving 156.40 from california for state supplement. My question is will they only deduct my one time payment from ssdi because I did not receive the full amont of back pay from ssi

    • Kay Derochie says:

      Dear Shawna,

      Your Social Security will be offset only by the actual amount of SSI received. The offset will be for every month the SSI back pay included that also overlapped with a month of Social Security eligibility.

      Sincerely,
      Kay

  129. Timothy says:

    Hi. I’m 19 year’s old. And i’m on SSA RETIREMENT. My first born daughter will be born in 3 month’s. I have a bank account and every month my check’s get automatically deposited into my account. My question is this. Would i still have money for myself to live off of after some money would be taken out of it ? Or will my whole bank account be seized ?

    • Kay Derochie says:

      Dear Timothy,

      I think you are asking about child support being taken out of your Social Security payment. My response is based on that assumption. If you pay child support directly so that it is not in arrears, probably there will be no levy against your Social Security. If you do not, then the court-ordered support would be deducted from Social Security check. The whole check would not be taken.

      Sincerely,
      Kay

  130. Jennifer says:

    Hi Kay,

    My husband won his disability case. He does not qualify for SSI. He was found disabled from June 2012. They said his benefits would start as of Dec 2012. However we will not receive his first monthly check till Jan 2015. He was awarded this Oct. 23, 2014.

    How long does SSA have to pay back pay? Is there a law or statue that they have to pay it in. Every time he calls them its a different story. They all say its at the payment center in Baltimore. However one says they have till Dec 23rd next says by 1st week of Jan. One says they don’t know they cant see it. We are beyond frustration and tired of the run around and would just like FACTS.

    Thank You!

    • Kay Derochie says:

      Dear Jennifer,

      The payment center does release the pay. Most back pay is taking about three months from the time that the monthly benefits are set up, not from the approval date. There is no law or statute governing processing times.

      Sincerely,
      Kay

      • Jennifer says:

        When you say benefits are set up do you mean from after his first months payment or after the award letter was issued?

        Thanks,

        Jennifer

  131. shawna says:

    Hi Kay
    I finally won my ssi and ssdi they gave me $9256 back pay for ssi and $15,628 ollars back pay for ssdi but ssdi says they dong owe me back pay. The judge found me disabled April 2011 can you help me understand the backpay. Thank you shawna

    • Kay Derochie says:

      Dear Shawna,

      The maximum retroactivity for Social Security Disability (SSDI) is twelve months before the month of application. Additionally, your SSDI back pay would be reduced by Supplemental Security Income(SSI) paid for the same months.

      Sincerely,
      Kay

  132. Greg K says:

    Hello Kay
    First, thank you for being a beacon in the murk that is the SSDI process!

    I have a history of back injuries dating back to 1990 when I received my first surgery. Then over the next 24 years I injured 3 more discs, all resulting in surgery. The last surgery, March 6, 2014 was for a workplace injury (Nov. 13, 2013), which is the last day I’ve worked. The surgery was radical in comparison to the others and required the installation of fusion rods, brackets, screws, and assorted titanium parts. Initially it was successful but resulted in the end of my lifelong career as an industrial mechanic.

    Due to the physical restrictions placed on me by my condition, and because I had no experience doing anything that would generate a liveable income, I filed for SSDI in August 2014.

    My ortho surgeon informed me the end of November when I went in to determine the reason for the return of intense pain that a vertebrae had moved out of line within the cage and was out of line with the other now fused vertebrae and pressing on nerves. Re-surgery isn’t an option due to the unacceptably high risk of becoming wheelchair bound. Pretty much my back is used up at 56 years old.

    My comp attorney also does SSDI representation but he supported my decision to file online without an attorney but would take it on if denied.

    My question is, have I made a mistake filing online (with the daily phone assistance of a very helpful and compassionate local SS rep). Have I decreased my chances of approval without representation? Lots of horror stories here and it doesn’t fill me with confidence.
    Thank you in advance, and apologies for the Wall-O-Text.

    • Kay Derochie says:

      Dear Greg,

      As long as you complete all the application forms thoroughly including those that are mailed to you after the initial online forms, there should be no difference between filing online or in person. Get your recent medical records, including x-ray reports or other tests that show the most recent development with your spine and/or a statement from the ortho surgeon and get it to Social Security as soon as possible so that the new information gets considered.

      You probably don’t need an attorney now, but if you are denied, do get an attorney for your first appeal and make that appeal as good as possible. Also request a copy of your claim file so that you and the attorney can see the exact reasons for the denial. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award at the time it sends your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,
      Kay

      • Lara says:

        Dear Kay,
        I just spoke with someone from social security. She said I was approved for SSI and needed to ask me questions. I was completely honest- this is my situation. I am bipolar and have been denied benefits from unemployment which happened over 6 months ago. My father pays my rent. I do not work. My car is in my fathers name and he is the cosigner on my lease. He gives me 1200 a month. I actively look and apply for jobs weekly and my bills consume all of what my dad gives me and I am left with 146 at the end of this month. If I was approved for disability, how will all of this affect me? I’m supposed to hear back by Monday supposedly. Please at your convenience explain to me if after being told approved for disability, no food stamps, no health care, not being able to get out of bed because of my bipolar depression, is there any way that I could receive anything at all?

        • Kay Derochie says:

          Dear Lara,

          If your application is also for Social Security Disability, the financial assistance from your father will not affect your claim and does not have to be reported. The $1,200 cash your father gives you a month will make you ineligible for SSI.

          If your father can’t continue to support you indefinitely and you are trying to transition to no longer being financially dependent on your father, he needs to stop giving you cash. If he continues to pay your rent and utilities directly to the landlord and utility companies and stops giving you cash, you could be eligible for a reduced SSI benefit of $488. You could then cover your food by applying for food stamps. If he stops paying for rent and utilities, the maximum federal SSI amount is $733.

          Sincerely,
          Kay

  133. Jay M. says:

    Greetings,
    . I originally applied for SSDI in march 2013 and was denied in January 2014 and then an appeal for reconsideration in in January 2014. I received an approval letter in November saying that I was found to be disabled as of March 2009. Then it shows the date that benefits began as of July 2011. My monthly payment will be $1211
    (a few dollars less for the previous years) starting Dec, 3rd. It then says $13,322 will be my money owed thru Oct, 2014 that I received today. My question is is my back pay not supposed to be payed back to July 2011?

    • Kay Derochie says:

      Dear Jay,

      These dates seem mixed up. If you applied in March 2013 and you were found disabled in March 2009, benefits would begin to accrue twelve months before the month in which you applied. That is, benefits would begin to accrue March 2012. Based on that date, the back pay would be much more, unless you also applied for Supplemental Security Income (SSI), in which case the SSI would be paid first and the Social Security reduced by the amount of SSI paid for any overlapping months. If you had an attorney, attorney fees of up to a maximum of $6,000 would also be withheld. Finally, if you had workers comp for some the the same months, there could be a workers compensation offset (reduction). I suggest that you talk with Social Security to obtain an explanation.

      Sincerely,
      Kay

      • Jay M. says:

        First of all thank you for the reply. As far as SSI and workers comp there would be none for I am not entitled because I am living in Germany. I also did not require a lawyer. I had talked to a lawyer and he said I had enough to be approved and should not require a lawyer and that he would take my case if I was denied again. I contacted the federal Benefits Unit at the U.S. Consulate in Germany and they don´t seam to have any answers either. so I wanted to have some facts about this and know if I should appeal this back pay amount or would it be to risky that they would reverse the whole decision? Again I would like to thank you for all you do here! you are providing a great service for everyone!

        Sincerely,
        Jay M.

        • Kay Derochie says:

          Dear Jay,

          If I understand both your posts correctly, you would not be appealing the disability decision that you became disabled in 2009. (You agree with that.) You would be appealing the calculation of your benefits–specifically that entitlement, that is, when benefits begin (based on 2009 onset date that Social Security established) should be twelve months before the date of your original application of March 2013. Because you are not appealing the medical decision, your benefits should not be in danger with an appeal.

          Sincerely,
          Kay

  134. shawnda easter says:

    Hello Kay i recently had an appointment on11/26/14 and they told me i am eligible for ssdi which they told me to apply but i already receive ssi will this affect my ssi payments ?

    • Kay Derochie says:

      Dear Shawnda,

      SSI is intended to supplement other income so you are required to pursue other disability income such as Social Security. Your SSI will be reduced or terminated depending on the amount of your Social Security. Either way you will end up with more income than you have now if currently SSI is your only income.

      Sincerely,
      Kay

  135. Karen says:

    Hi Kay. I have been reading through all the articles and comments for an answer to my question but wasn’t able to find it. I have been receiving SSDI since 2008 and received back pay to 2005. I have two children and was just informed that they receive benefits also. I was never told this so I went online and found the information to file for benefits for them. I have 4 questions:

    1. Can I file for their benefits online as an addendum to my benefits or do I need to go to the SS office in person?
    2. Will they receive backpay, like I did, until 2005?
    3. My son has disabilities (autism spectrum – PDD-NOS, auditory processing disorder and ADHD) and just found out that I could file a separate claim for him. If I do, and he has had documented disabilities since 2, would he receive his own benefit or would it come from mine?
    4. Does my children’s benefits depend upon if my spouse is working or not?

    Thank you in advance for your response. I look forward to hearing from you.

    • Kay Derochie says:

      Dear Karen,

      1 and 2: If you listed the children on your original application and Social Security did not notify you that the children could receive dependent benefits, the children may be eligible for benefits going back to the first month for which you were paid in 2005. If, however, your claim file shows you were notified and you didn’t follow through, then their benefits will begin six months before the current application for them. Because you probably want to claim benefits since 2005, I recommend that you go into the office to file. Be sure to put on the application that you listed the children on your application (if you did) and you did not know they could get benefits (if that is true)and how you found out about the potential for dependent benefits.

      3. The childhood disability benefit you are referring to is Supplemental Security Income (SSI) and is a separate benefit program from Social Security. (When your son turns eighteen, if he is still disabled and unmarried, he can apply for continuation of Social Security dependent benefits as a disabled adult child.)

      4. Your husband’s income will not affect the children’s dependent benefits on your Social Security earnings record. However, his income and yours will be evaluated to determine whether your disabled child is financially eligible based on family income.

      Sincerely,
      Kay

  136. Ashley N Ecklund says:

    Hi Kay. I was just approved for SSDI but I disagree with the date they determined me as disabled. In December of 2013, I was out of work for 3 months then felt a little better in April and decided to try going back to work. I lasted 3 weeks with a few abscences. I realized I couldn’t sdo my job any longer and have been out of work ever since. Social Security determined my disability date as my last day of work in April.

    My questions are this…

    Wouldn’t those 3 weeks of work just be considered a failed return to work? Is this worth appealing their decision? And would appealing their determination delay my future SSDI checks?

    Thank you so much in advance!

    -Ashley

    • Kay Derochie says:

      Dear Ashley,

      You can appeal the incurred date. Three weeks of work should not change your disability date from December 2013. You need to make clear in the appeal that you ceased work again due to the same conditions that caused you to stop work in December and assert that the work should be treated as an “unsuccessful work attempt.” Submit proof of the dates you were off work and back to work. Appealing is likely to delay getting your benefits started; they will probably not start until the appeal is settled, which could be a couple months.

      Sincerely,
      Kay

  137. Marica Cook says:

    Dear Kay,
    I already got a payment of back in February. They said on the phone last week that I would be getting another payment this month. It still hasn’t hit my bank account. We are suppose to get SSI back pay payments from my understanding 3 to me exact every 6 months . It has been about 8-9 months for them to back pay me my second payment.

    • Kay Derochie says:

      Dear Marica,

      Supplemental Security Income (SSI) payments, including back pay installments, are authorized out of the local office; so if you are able to go into the office to follow up on the late installment, it might help.

      Sincerely,
      Kay

  138. George Towson says:

    I filled in for SSDI Appeal in March 2014 please may know when my 18 month wait start counting? Thanks

    • Kay Derochie says:

      Dear George,

      I am not sure what you are referring to when you mention an eighteen-month wait. Please clarify, and also let me know whether this is your first appeal or you are on your second appeal and are waiting for a hearing date. Then, I may be able to respond.

      Sincerely,
      Kay

  139. joe says:

    I applied for ssdi in feb of 2014 I got a fully favorable decision October that stated my EOD started April 1 2008 based in medical evidence ,my question is how much back pay and I going to receive I was told only 12 months

    • Kay Derochie says:

      Dear Joe,

      It is correct that the maximum retroactivity is twelve months before the month of application, February 2013.

      Sincerely,
      Kay

  140. November says:

    Hi Kay,
    I received a phone call from social security stating they found my 4 year old to be disabled for ssi. We went to the medical exam on Sep 25th and they approved her Sep 29th. I applied back in March 2014 for her. How long does it take to get an approval letter or even start getting payments for her?
    Thanks

    • Kay Derochie says:

      Dear November,

      Given the short period of time since you applied, you probably will not have to provide a financial update, so Supplemental Security Income (SSI) payments should start within a month. The benefits may arrive at about the same time as the approval letter or even somewhat before. If you gave banking information, watch your bank account for a deposit.

      Sincerely,
      Kay

  141. brandy says:

    I was awarded disability finally , i been fighting since 1999
    I last filed with my lawyer in 2013 . But in my review letter
    It recognize that I been disable since 2001 . So
    How far do they actually go back ? But they have until
    The 21st of October to do anything so what
    Should I expect from them ?

    • Kay Derochie says:

      Dear Brandy,

      You can expect your Social Security benefits to start twelve months before the month of your 2013 application. If you applied for Supplemental Security Income (SSI), benefits start the month after the month you applied unless you applied on the first of the month in which case benefits start the month of application.

      Sincerely,
      Kay

  142. Marica G.Cook says:

    I got approved for benefits in February this passed year after waiting for 4 years. so, far I have only received one back payment from SSI and suppose to receive 1 for October and never have. And have called and they say it will be in your account shortly. Still haven’t received it. And have received no Social Security back pay yet. What does it take to get my back pay? My lawyer passed away and they are trying to settling all accounts this is ridiculous. And calling doesn’t help.
    So, what is a person suppose to do?

    • Kay Derochie says:

      Dear Marica,

      It will take about two to three months for the Social Security back pay to be paid out after the Supplemental Security Income (SSI) has started. Your attorney’s estate will have to wait the same as you. When you are paid the Social Security, the Social Security Administration will also pay the attorney. The Social Security is paid out of the payment center so the local office cannot help much.

      Sincerely,
      Kay

      • Marica Cook says:

        We didn’t call the local office and I know they can’t help much. They drag there behinds on everything. Sorry but after 4 years and finally getting it you would think it wouldn’t take almost another year to get the back pay this is ridiculous.

  143. Melanie says:

    My son is going to Social Security to apply for SSI disability. He’s 18 and was diagnosed at 10 with an eye disease. We had no idea that he should have applied then. As he’s getting things together for applying to colleges we were told he needs to do this to continue his assistance with educational needs through Comm. for the Blind and Visually Impaired.

    Do they just go back to his 18th birthday or do they go back 8yrs since he would have qualified differently back then?

    Thanks

    • Kay Derochie says:

      Dear Melanie,

      Supplemental Security Income (SSI) does not pay retroactively. If approved, your son’s SSI payments will begin the month after the month in which he applies. Even if he doesn’t have everything ready to submit, he should contact Social Security to say that he wants to apply to protect October as his month of filing. He can do this by calling 800-772-1213 and requesting an appointment to apply. (Note that he would have been eligible as a minor only if the family income and assets were below a certain amount, so there may have been no lost benefits while he was a minor.)

      Sincerely,
      Kay

  144. damaris says:

    Also, I’m not getting any income can I apply for cash benefits (walfare) a least for 3month or I cant get any income during the waiting time?

    • Kay Derochie says:

      Dear Damaris,

      Social Security Disability benefits are not paid for the first full five calendar months after disability begins. If you became disabled in August 2014, your waiting period would be September 2014 through January 2015. Your benefits would begin February 2015 and would be paid in March. (March’s benefit will be paid in April, and so on.) If this is the circumstances, you are not eligible for back pay. I suggest that you contact the social services office in your area. Show them your Social Security approval. Perhaps they have a program that will provide bridge assistance through February. You can also apply for food stamps.

      Sincerely,
      Kay

  145. Flor says:

    Hi my son just got aproved for ssi we leaving in Rochester ny and we get food stsmp and Medicaid can dss stay with my son check

    • Kay Derochie says:

      Dear Flor,

      Please clarify you question. What do you mean by “Can DSS stay with my son’s check?”

      Thank you,
      Kay

  146. Beth Moye says:

    I received a letter dated July 15th that said I was declared medically disabled. It’s October 1st. How long does it typically take to begin getting monthly payments? How long does it take to get any back payments? (I do not qualify for SSI, nor did I apply for it.)

    Thank You!

    Beth

    • Kay Derochie says:

      Dear Beth,

      It is currently taking two to three months for benefits to start and back pay can take longer. If you have not received benefits by the fifteenth of October, contact your local Social Security office and ask them to follow up with the payment center to be sure that your claim is on track to being paid.

      Sincerely,
      Kay

  147. Jonathan says:

    Hey Kay, It’s Jonathan again. My local office just sent my claim to the payment center to be processed. Is there anyway to know how much my back pay will be? or does the payment center have to finish processing it first? My local office has already told me how much my monthly payments will be. Also, it is SSDI benefits not SSI, If that helps. Thank You

    • Kay Derochie says:

      Dear Jonathan,

      For a rough estimate, you can multiple the monthly rate you were given by the number of back pay months. The estimate will be a little high if there has been a cost-of-living adjustment during the period of back pay. Benefits will begin to accrue the later of the sixth full calendar month of disability or twelve months before the month of your application.

      Sincerely,
      Kay

  148. lee says:

    I applied for ssd 5-9-14 was awarded ssd, my first monthly check will be 12-3-14 will I get back pay for the 5 month wait june thorugh October thanks

    • Kay Derochie says:

      Dear Lee,

      It sounds as if it was determined that you became disabled in May 2014. If that is true, then you will not receive any Social Security Disability (SSDI) back pay because SSDI has a five full-calendar-month, unpaid waiting period.

      Sincerely,
      Kay

  149. Allison Scott says:

    I was awarded SSD benefits beginning 01/18/2012. However, the judge denied my backpay because I had collected unemployment until 06/23/2011 and insisted I change the date of disability to 06/24/2011. Under duress, I hesitantly agreed to the date change for fear he would deny my entire claim. My lawyer sat silent and I didn’t know what to do, but I was desperate for income. Now I am filing Chapter 13 because I never financially recovered from six months of zero income. After the hearing, my lawyer just shook her head as she explained this particular judge sometimes denies backpay because of collecting unemployment and sometimes grants backpay despite collecting unemployment. Is there anything I can do about this now?
    Thank you

    • Kay Derochie says:

      Dear Allison,

      The rationale for denying a disability onset date for a person collecting unemployment is that to collect unemployment you claim to the unemployment office that you are able to work and are looking for work, which could be construed as contradictory to be disabled. If you are out of your appeals period, there is nothing you can do. If you are within the sixty-day appeals period, I suggest that you consult with your attorney and consider the attorney’s advice in making your decision about whether to continue to accept the less favorable disability date or to appeal.

      Sincerely,
      Kay

  150. Sue says:

    My husband received a letter stating he was approved for disability. However, the courts declared his onset date back to 9/8/2009. He has been collecting private disability threw his employer, 60 percent of his salary, for the last 3 years,prior to that we workers comp. Question is the disability ins company sent us a letter stating any back pay would have to be given to them. There is a 2 year difference and a 20 percent difference in pay. How can that be true?

    • Kay Derochie says:

      Dear Sue,

      Your husband will have to repay part of the long-term disability (LTD) benefits that he received for months that LTD overlapped with his Social Security benefits. It is expected that he use his back pay to do this. For example, if your husband’s SSD starts in March 2010 and LTD did not start till 2011, then none of the SSD paid before LTD started would be owed to the insurance company. Note that your husband’s Social Security for the earlier months may be reduced by his worker’s compensation because the maximum he can receive between workers comp and Social Security is eighty percent of his current average earnings as determined by Social Security.

      Sincerely,
      Kay

  151. dear kay,
    i just received my letter from disability that i was approved but they need me to come in next week to give additional information. I applied 2 years ago after i lost my job and a friend has been supporting me, paying my phone and doctors money ,letting me crash at his house with the plan that as soon as i get my back pay i repay him. is this allowed? will it hurt by backpay? i go to social security this tues 9/16/14. any advice greatly appreciated

    • Kay Derochie says:

      Dear Stephanie,

      For your Supplemental Security Income (SSI) interview, take a statement from your friend that
      1. itemizes all the money he has lent you directly and the months in which it was given;
      2. states that the assistance was a loan that you were to repay when you got approved;
      3. lists the months that he has been letting you stay at his house for free; and
      4. (if you have been buying your own food with food stamps) confirms that you have been buying your own food.

      You do not need to mention the phone if he paid for it directly, that is, he did not give you the money for it.

      Your back pay will be reduced by $241 a month for free housing. If the cash assistance is accepted by the Social Security Administration as a loan, it will not reduce your benefits.

      Sincerely,
      Kay

  152. joel says:

    Hi I have been diagnosed with a autoimmune disease that has caused several conditions that have caused me to become disabled and my question to you is if you are getting short term payments from insurance that will go to long term after 6 months if the amount they are paying me is close to what i would get if i file for social security dis.should i just be content with the insurance or could i collect from both and if i do will they just offset each other and end up where i am now? thank you for your time>

    • Kay Derochie says:

      Dear Joel,

      Most long-term disability (LTD) policies reduce benefits for Social Security disability payments. Also most policies terminate benefits at full Social Security Retirement age. You should apply for Social Security Disability even if you end up with nearly the same income overall because it will protect your Social Security retirement amount at a higher rate than if you do not apply. Additionally, if you did not pay all the premiums for the LTD policy, you could have a tax advantage in getting part of your income from Social Security.

      Sincerely,
      Kay

  153. Jerry Kokes says:

    I finally won my SSD hearing a couple months ago. I still have one child at home under 18. Her back pay was deposited today in her account. Her back pay portion was just under $10K. I have a good understanding on the type of monthly expenses her monthly payment can be used. What I am unable to find is any guidelines on how the back pay can be used. During the year and half it took to finally to win my claim, we accrued allot of debit during that time period. Could you please provide some type of guidance on how our daughters back pay can be used.

    Thanks
    Jerry

    • Kay Derochie says:

      Dear Jerry,

      Of course you can discuss this with Social Security; however, here are some ideas: To my understanding you cannot use her funds to pay your debts. You must use all the money for your daughter; however, you can pay her debts if her current needs are being met. If you owe medical providers for her care, it would be appropriate to use her money to pay them. If you charged clothing or school supplies for her or paid for medical or other services for her with a credit card and you have not paid those amounts off yet and you know the amounts on the credit card that were for her needs, then it would be reasonable to use some of her money to repay just those amounts. Otherwise the money should be kept for her future needs, such as college or vocational school.

      Sincerely,
      Kay

  154. joao victor says:

    i have been off work for about two years with back pain ,legs,feet,shoulder,arm hand and fingers and toes, also with a major mental disorder, i was paid from std and now from ltd, i have signed an agreement letter to payback if i won a ssd claim, well for the last ten months ltd start taking an estimate for the ssd benefits that i have not received yet,i ask ltd to send me the ten months of they owe me, they told since this is my last month because the injury is about mental, which i told them to check all the medical record that they ask me to signed a release form so my health carrier could provide them which they have, they told me that they can not send me the money because i never got back to them and told them not to take any amount from my 60% benefit, i ask them to check my files and see if the letter for reimbursement that i signed wasn’t there , they said yes its here we din’t know you have signed the letter, that is why we ask you and i told them i was going to check and get back to them , but they already had the letter on their files ( i’m confused) now since i was making 100k. a year before i got injured, and if i receive benefits from ssd and ltd, it looks like i’l still going to get 60% and not the 80% according to ssd. . can you please help me on this.
    thanks

    • Kay Derochie says:

      Dear Joao,

      According to your prior post and this one, you have the potential of receiving three benefits: long-term disability (LTD), workers compensation, and Social Securi5ty Disability (SSDI). Each has different rules. If the unreduced LTD benefit is 60% of your predisability earnings, that will not change. The amount of LTD you will get will be the 60% less Social Security and probably less workers compensation. The 80% I referred to is how the amount of Social Security payable is determined when you also have workers compensation. This calculation is unrelated to the maximum LTD percentage of salary replacement.

      Sincerely,
      Kay

  155. Jonathan says:

    I applied for disability in late June 2014, If I am approved in September 2014 will i get any backpay or will i have to wait for 5 months from June?

    • Kay Derochie says:

      Dear Jonathan,

      Social Security Disability (SSDI) begin the later of the sixth full calendar month after your disability began or twelve months before the month of your application. Supplemental Security Income (SSI) disability benefits begin the month following the month of application unless you applied on the first of the month in which case, benefits begin with the month of application.

      Sincerely,
      Kay

  156. Kris says:

    I just had my disability hearing and the judge approved it on the spot, but changed my onset day to Jan 1 2014, does that mean I will not receive any back pay?

    • Kay Derochie says:

      Dear Kris,

      If you are approved for Social Security Disability (SSDI), your benefits will begin June 2014. If you were approved for Supplemental Security Income and filed your application before January 2014, benefits will begin with January 2014.

      Sincerely,
      Kay

  157. Patrick says:

    I understand completely about the first 5 months following onset that there is no benefit (i.e. back pay). I also understand that benefits are not paid during months of confinement in jail. During my first five months of non-paid disability I served a jail sentence of 120 days; I was released in the month prior (August) that my sixth month benefit should be considered (September). Can I expect that my benefits will be eligible in September of that year, since my entire incarnation occurred during the 5 month waiting period and I was released prior to beginning of the sixth month?

    • Kay Derochie says:

      Dear Patrick,

      The rule is that “benefits are suspended” while in jail; eligibility is not terminated, so I think that your time in jail will count toward the five-month waiting period, but I can’t be sure. You do need to tell Social Security the dates that you were incarcerated.

      Sincerely,
      Kay

      • Patrick says:

        Thank-you for your response, Kay. Social Security was aware of it and they were investigating the dates of confinement when I posed this question.

        Today, I see from the my website connection that yes, I am not going to have further monies withheld. In-other-words: my incarceration dates within and ending prior to the end of my five-month waiting period did not penalize my back-pay.

  158. joan says:

    I have been disabled for over 12 years now- (and completely unable to work) I have lyme, lupus and a host of other autoimmune diseases that make it impossible to function nevermind work. If I win my case, will I receive back pay for all 12 yrs? I know my lawyer will take her 30 % cut- but will the gov’t take 50 % on top of that and leave me with nothing? I cannot survive on nothing and have almost died 5 times due to these diseases. It took over 10 yrs to get diagnosed with lyme due to piss poor doctors denying the existence of this horrific disease. Now I have lost everything and all I am asking for is a little help. They give SS disability to every drunken- drug addict out there- but won’t help a good person who has never done anything wrong and lived a wholesome and decent life. I guess if they deny me I’ll become a drug addict and an alcoholic and then they’ll hand it to me on a silver platter.

    • Kay Derochie says:

      Dear Joan,

      If you are approved for Supplemental Security Income (SSI), your benefits will start the month after your application. Attorney fees are 25% to a maximum of $6,000. I am not sure what you mean by “the government taking 50%.”

      Sincerely,
      Kay

  159. carrie says:

    Hello I went to my ssi hearing for my son on July 31,2014 and The judge approved my son for ssi and I want to know how long will it take me to get benefits for him.I first applied back in 2010 but was denied then I applied again in Jan 2012 will they pay me back 2010.

    • Kay Derochie says:

      Dear Carrie,

      It takes a few weeks to a couple months after you get the judge’s approval letter to get Supplemental Security Income (SSI) payments started. Benefits will begin to accrue February 2012 if the judge finds your son disabled at the time of your January 2012 application.

      Sincerely,
      Kay

  160. David says:

    I was disabled in November 2012, I understand the 5 month null/void period. Sort of.. I am using an attorney. Soooo, when and how the do the dates work for the figurig out of the time frame?? I try to lookup info on SSA website, but after I enter my info, I am told I can’t access the benefits calender or anything to see my status!! At a loss. Please help

    • Kay Derochie says:

      With a November 2012 disability date, your benefits would begin to accrue in May 2013 unless you became disabled on November 1st in which case benefits would start April 2013.

      Sincerely,
      Kay

  161. Ryan Gee says:

    Is Disabled Adult Child considered SSDI and can you get this approved if you are married?

    • Kay Derochie says:

      Dear Ryan,

      Disabled Adult Child benefits are Social Security survivor or dependent benefits paid to adult children of individuals who are either deceased and insured for survivor benefits or are receiving Social Security Disability (SSDI) or Social Security Retirement benefits. With one exception, they must be ummarried and They must have become disabled before age twenty-two and, with one exception, they must be ummarried. The exception is if they are married to a person who is also getting Disabled Adult Child benefits.

      Sincerely,
      Kay

      • Ryan says:

        I am quite confused… I am using a lawyer and have been since day one. However, I am married, my wife is not a disabled adult child also. This is the route my lawyer has told me we are going. Is there ever cases like this that can be approved even if the spouse is not also disabled? I am just really confused as to why my lawyer would be pursuing this, if the law states that I cannot be married to a non disabled person.

  162. Ryan Gee says:

    I filed my disability claim in the middle of November 2012. If I am approved, and November 2012 is the date that my disability began, I shouldn’t count November and the next 5 months when calculating my backpay (correct?) May 2013 is when my backpay should start?

  163. jimmy says:

    if my wife has received 12 months of back pay for her disability when will she become qualified for medicare? do the 12 months of back pay count toward the 24 month waiting period to get medicare?

    • Kay Derochie says:

      Dear Jimmy,

      Back-pay months do count toward the twenty-four months of eligibility required for Medicare coverage.

      Sincerely,
      Kay

  164. Yvette says:

    I have been approved for disability after applying 3 years ago. My question is my husband carries me on his medical insurance, do I have to keep the medicare. His insurance pays a 100%…

    • Kay Derochie says:

      Dear Yvette,

      You do have excellent health insurance; however, there are some things to consider before rejecting Medicare Part B. If the insurance is through your husband’s employment and he were to lose his job or the insurance ended or downgraded for any reason. Even if that doesn’t happen, when he retires he may not have access to the same insurance. If you refuse Medicare now, in the future you can only enroll during the open enrollment period (usually November) and coverage does not start until the following July. This could result in your being left with only Part A Medicare (no premium required) that does not cover most physician and outpatient services. For every year you decline coverage there is an increase in the Medicare premium making it much higher when you do enroll later. You might also double check the insurance policy to be sure it doesn’t require you to take Medicare so it can become the second payer.

      Sincerely,
      Kay

  165. Judy P. says:

    I became disabled March 2010 I filed for disability in March of 2014 if I understand it correctly I can only collect 12 months from March 2013 and then from the date of my application until however months it takes to get approved.

    Thanks,
    Judy

    • Kay Derochie says:

      Dear Judy,

      You are correct that the earliest your Social Security Disability benefits could begin is March 2013. Back pay could run from that date up until the month before your monthly benefits start. If you continue to be disabled, monthly benefits would continue after that.

      Sincerely,

      Kay

  166. MissMMz says:

    I have a question….I won my case and the Judges decision was fully favorable, he also agreed of the AOD to be what I said it was of 4/1/2008…I also recieved a letter from the Social Security Administration today saying that they have found that I was disabled as of 4/1/2008….So my question is why am I not getting my back pay to that point…This was the 4th time I applied and won because I had an attorney this time…I had applied 3 times before and was denied all three times and the first time I applied was back in 2008. So why am I not getting back pay dating back to that time……Also the letter was talking about deductions for Medicare, that doesn’t seem fair to take money out of an already small check to put towards Medicare, and do I have to have Medicare, can’t I just stay with the Medicaid w/ HMO that I already have…..Thank you for any imformation and help you might be able to give.

    • Kay Derochie says:

      Dear MissMMz,

      The only way you could have been paid back to 2008 would have been to appeal your first application and be paid based on an approved appeal. Apparently, you have not been approved on an appeal of the earlier applications; therefore, any back pay is based on the current application.

      Medicaid is for individuals with low income and limited assets. If you Social Security Disability (SSDI) is low enough, it is possible that your Medicaid will continue. If it does, the Medicaid program will pay your Medicare premiums for you. If that is the case, it will take a few months to get that coordinated. Be aware that to have prescription coverage, you have to elect and sign up for Medicare Part D and pay an additional premium for it. If you do not and your Medicaid stops, you will be left without prescription insurance.

      Sincerely,

      Kay

  167. Brandy says:

    I applied back in 2008 and they told me I would receive back pay all the way from when I first applied is this true

  168. Kara says:

    I filed for ssdi in march and I was approved june 24th will I receive back pay?

    • Kay Derochie says:

      Dear Kara,

      Whether or not you are due back pay depends on the date you became disabled. Your benefits will begin to accrue the later of twelve months before the month of your application or the sixth full calendar month after the date you became disabled.

      Sincerely,

      Kay

  169. george says:

    I was expecting a final decision from the judge, but instead received a letter to meet with S.S.A. worker at O.D.A.R. concerning self harm issues. Is this just one of their protocols before they decided to deny my case.

    • Kay Derochie says:

      Dear George,

      Your meeting is not routine. It sounds as if they want to gather some additional information before the judge makes a decision.

      Sincerely,

      Kay

  170. Jeannie says:

    Ex husband filed for Disability in August, 2013. He has a hearing coming up in December. I’m hoping that he is awarded his disability but I’m realistic, and realize that it may take longer. He may have to file suit in US District Court so that just delays his claim. I have custody of our son. He was 16 at the time his father filed for disability and he is 17 now. I understand that son can receive benefits up until he is 18, but what if his father’s claim is not ruled on until some time AFTER son turns 18? Will I receive any backpay benefits for our son at all should he turn 18 before SSA makes a ruling on his father’s case?

    • Kay Derochie says:

      Dear Jeannie,

      If you ex-husband is approved for Social Security Disability with a disability date that allows payment for months before your son’s eighteenth birthday (or nineteenth if he is still in high school), your son will receive payment for the months before he turns eighteen (or nineteen if still in high school). When the decision is made does not matter.

      Sincerely,

      Kay

  171. Dennis Rogers says:

    Hello Kay! I applied for my ssdi benefits 0n aug 29th 2009. I was denied on Dec.12 2012. My attorney filed an appeal and it was remanded back to the ALJ in march. I have a few questions, What is Remand? Does this make my chances of being approved better next time? If approved will I receive back pay from aug 2009? How long will it take for me to get another hearing?
    Sincerely

    Dennis

    • Kay Derochie says:

      Dear Dennis,

      Remand means that your claim was sent back to the judge to consider some things that the Appeals Council thought were not fully addressed. The second hearing could result in an approval or a denial. If denied, you have the right to appeal again. It will likely take less than six months to get the second hearing date. If you are approved, your Social Security Disability (SSDI) benefits will begin the later of August 2008 and the sixth calendar month after Social Security says you became disabled.

      Sincerely,

      Kay

  172. Joe says:

    Hi wanted to ask this I got a fully favorable decision from the ALJ with a onset date October 2012 I did collect some unemployment during that time to cover expenses have not collected since mid 2013 My question is Do I have to repay any of the Unemployment benefits out of my back pay been searching and my lawyer told me it does not effect it

    • Kay Derochie says:

      Dear Joe,

      You do not have to repay the unemployment assuming that you were eligible for it.

      Sincerely,

      Kay

  173. Jennie says:

    Hi Kay, My husband was approved for SSDI and he had a phone interview with an SSI representative, even though he will not be receiving SSI because he was approved for SSDI and the pay is higher, the lady said he would receive a one time payment from SSI for backpay in 5-10 days because of financial need, have you ever heard of this before? The lady did not quote him an amount so he called the social security office (not local) and they said they had never heard of this and the lady must have been lying. Why would someone lie about that? It’s only been a week but he will not get his first SSDI payment until the end of August and the fact that he has been approved and will be getting payment at the end of August has rendered us ineligible for assistance for August and beyond(food stamps, ect)..we’ve been living on borrowed money for 2 years while waiting, which is why I am asking now without waiting for the 10 days to pass, we will need to find some sort of emergency assistance until his first payment comes in.

    • Kay Derochie says:

      Dear Jennie,

      It is correct that Supplemental Security Income (SSI) is sometimes payable for months before Social Security (SSDI) starts. The claims representative may have taken or may be planning on taking action to expedite that payment because your family has been left without income while waiting for the check in late August. There is no reason to jump to the conclusion that she was lying.

      Sincerely,

      Kay

      • Jennie Sanderson says:

        Thanks Kay, we didn’t jump to that conclusion the man on the phone representing social security said it, I don’t know why, I guess he had never heard of it. They did expedite a payment for us but we are confused. How do they calculate what you are due for SSDI and SSI? Does the SSI payment just get subtracted from the SSDI backpay? The amount of paperwork they send with all of the different amounts is extremely confusing. They said his SSDI backpay was around $9200, his SSI backpay was around $5800, they sent a payment of $3500, subtracting the laywers fee from the SSI, then they sent some paper work from SSDI saying the amount (9200) showing a payment of 3500 due august 7th (we are guessing that is the payment already made as it is the exact amount we’ve already received) an overpayment of 3600(no idea what this means) that they are withholding, plus the lawyers fee, which comes out to the 9200, are they saying that he has been paid in full? The dates are all the same, they did not pay for the 5 month waiting period with SSI it is for the same dates as the SSDI.
        Sorry for my rambling, my question, essentially, is do the SSI backpay amounts get subtracted from the SSDI backpay amounts for the full amount due? So, after his SSI payment of $5800 (the amount we got plus lawyers fee) would we be expecting around $3400 of the $9200 in SSDI?

        • Kay Derochie says:

          Dear Jennie,

          It is correct that Social Security Disability (SSDI) back pay is offset (reduced) by the amount of Supplemental Security Income (SSI) paid for the same months. It should not be offset by any SSI paid for months between the date of application and the end of the five month waiting period.

          Sincerely,

          Kay

  174. Christina M. says:

    Hello Kay,
    First thank you so much for the much needed information . I am still a bit confused on all this . I had my final hearing on April 17,2014. The SSI Judge and SSI doctor began me at 33 % of jobs I could possibly work with my medical conditions and got to 0% of jobs I could function in with my medical conditions. I was told I was disabled from the years of 2005-2007 and I was working those years. The SSI Judge said of I did receive benefits they would only go to date of application. Here is where I get confused. My first denial of application was in 2004 based on having no work history. Due to the new laws will SSI have to pay backpay to 2004,when I was first denied, or pay from my second application date of August 2013? Also, I am almost completely depleted health wise so is it typical to have to wait this long after my final hearing of April 17,2014? Last question : Does it seem like I will even be given a positive decision for benefits? Please give me your feedback. Thanks and have a blessed day.

    • Kay Derochie says:

      Dear Christina,

      If you are approved for Supplemental Security Income (SSI), your benefits will begin September 2013, the first full month after your application. If your work from 2005 to 2007 gave you enough work to be insured for Social Security Disability (SSDI), then your SSDI benefits would begin April 2012.

      If there are no jobs that you can perform given your stated medical limitations and the judge believes that the information submitted supports that you have the limitations you claim, then your claim will be approved

      Sincerely,

      Kay

  175. Maria says:

    this is not a comment, but a direct question to Kay Derochie.

    Dear Kay,

    I applied for disability in 2001 and reapplied December of 2013. I understand that I won’t be getting retro pay for the past 12-13 years if I’m approved. I was denied back then and recently denied again, however; I’m now in the process of my appeal. Is there a way someone (me) can find my application that I filed in 2001? Should I get an attorney, if so where?

    Sincerely,

    Maria

    • Kay Derochie says:

      Dear Maria,

      I don’t know whether Social Security keeps denied claims for thirteen years. You can inquire. It is more important that you get a copy of your 2013 claim file, so that you can address the specific reasons for the denial in your appeal. It is a good idea to have an attorney for you appeal. You do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from your retroactive award at the time they send your back pay to you. So, it’s all very easy and risk-free.

      Sincerely,

      Kay

  176. Angela says:

    I applied for my 13 year for disability in December 2013 and she was denied due to income. I reapplied in April of 2014 since my husband was laid off. May of 2014 she was found eligible and disabled as of January 2010 which I was unaware of. My question is should I expect any back pay for my daughter and when should she start receiving payments? Also my daughter had no health insurance from August 2013 to February 2014, but has $25,000 in medical bills that I am responsible for. If she was determined disabled as of 2010, can I get the remaining bills covered since she was disabled before they were accumulated? I appreciate your answers and thank you for the response.

    • Kay Derochie says:

      Dear Angela,

      Your daughter’s Supplemental Security Income (SSI) will start in May 2014. Her Medicaid coverage will likely start in May also, but check to be sure that no eligibility is possible in prior months. In the meantime, I suggest contacting the largest medical creditors (hospitals) and let them know your husband was laid off. Ask whether they can forgive any part of the bill due to your family’s reduced income.

      Sincerely,

      Kay

  177. Leah says:

    Hello Kay,
    I can’t express how great full I am to see you respond to so many issues with SSDI, etc. You are a very caring lady, thank you in advance, you are very kind!
    I will begin w/ my issue. I was last gainfully employed until the early part of 2010. I had to resign due to the job at a call center affecting my health severely causing migraines, I also had severe tinnitus. Dr. ordered by my request I be separated from the noise because I could not perform my job. The company complied for about a yr. and 1/2, but then put me back in the unnecessary noise, no noise buffers between agents, loud music playing by the supervisors and loud speakers announcements while trying to take inbound calls. I had to take FMLA each day I would go to work and they would not accommodate me. The last day I worked, there is an OSHA record I have, stating they turned off all lights and played loud music while we the reps were taking inbounds calls to sell a service this happened!. The job was very detailed, credit checks, taking C.C info. and explaining the service. When I resigned I got unemployment. BTW I had this happen 3 yrs prior with the same Large company under a different name. I was younger and not as severely injured but I had to take unpaid med. leave and still resign. Both jobs I won many awards because of my work ethic, I can sell, but it cost me my health! I live in an area where call centers are the only decent pay level for my sales background, if you are wondering why I would go back. It nearly killed me, honestly. I worked my profession for awhile, as an Interior designer in retail, barely making a living until that place closed, so 3 unemployment claims in 7 yrs; no fault of my own. Last claim, I was not well but tried to work at least part-time and then went back to school to get a different occupation, I had migraines, PSTD, was really pushing my self. I have been in many car accidents mainly rear end[last one, 2005] so I had neck and spine pain that was on the back burner= chronic pain I just keept going, med. care was inferior, but I tried many. The work station issues were real poor too,, I was just trying to survive the migraines finally diagnosed 2009.
    I filled with the EEOC and pushed my case and they found my former employer in violation with ADA, at that time I did not even know what that meant, yes my tinnitus and migraines made it so.

    I am sorry to explain all this in detail but hopefully you can help shed light and advice me as to what to explain in my onset appeal. I tried to go back to school to get another occupation at age 57. I took a full load, 12 credits, got injured in a P.E. class and then had to drop the hard classes just to make it through the semester and not owe on my Pell grant. It was a total bomb and I was really in pain; had no health care and the community college just helped me with OASIS program for disability students meaning I had more time to finish assignments. I was now at 6 credits and taking classes I knew I would not fail in and the resorted to online only because of tinnitus and not being able to hear instructor, students. I also got on work study in the computer lab to see if I could work while still on unemployment. I could only work about 12 hours a week, and almost got fired because I was slow mentally, migraines and tinnitus was bad when trying to converse w/ students. I pushed myself!!!
    I then applied initially in 3/ 12 for disability, but did not fully do the app. because I could not talk by phone due to migraines . Got a Rep by referral, but had to wait 4 months to see him, big mistake, I later fired him, dishonest in NOT filing out paperwork. So I believe I applied in 8/ 12 or he did, still get confused when I call the toll free SS#

    Okay I am now approved, had hearing w/ kind judge and new attorney in 5/14. I was denied my initial claim, drawn out 8 months. Saw CE psych doctor but had little med. care done because I could not afford it, at age 59, EXCEPT I had 3 MRI’s in 12/11, due to severe migraines, neck pain, thought I had a brain tumor. This attorney had poor listening skills and 6 days before hearing[ insisted] we change onset date from 3/10 to 3/13. I was extremeylanxious and she would not give me an edge to explain my job experiences.
    I was approved at the hearing the judge also seemed to know about my call center jobs because she was engaging in conversation about it. My attorney was abrupt trying to converse with her prior by phone then email only. She said I rambled and to only answer yes or no to judge. The judge in my decision letter threw out all evidence of anxiety and 15 sessions of therapy and therapy in 2011 with EEOC fighting to get some money for my injury, what a joke! Anyway, I want to appeal the onset, and on my own I am sorry for this lengthy short version of what happened. I was also in a major disaster fire in 2012 and family has turned their back because I am not able to work, now not at all. BTW when I turned 60, I am now 61 I was eligible to get med care so I had EMG have carpel tunnel in both arms and hands , extending from neck and another 2 MRI’s last showed most damage and evidence. I want to at least go back to 12/11 for onset, 3 MRI’s due to severe migraines as my understanding is it is based on medical evidence. I payed a lot of $$$$ for those, but the most damage showed in my lumbar, MRI 11/13 not neck, and brain came out as inconclusive??? this MRI was done in 12/11. The C.E doctor was very astute and picked up on my mental issues and anxiety, the judge gave his session moderate weight but said I did not bring up anything about my stress; this is because my attorney told me to answer yes, no

    I hope you can make sense of this, I have a complicated case=life.. I will not use my attorney, she is paid and could care less. I asked her after the hearing if anything could be done on the onset, she said no. So I will go this alone. Should I include all this info? I believe the judge had a lot of this as she specifically asked about this job at the call center. Please help, if you can understand my plight. I fill very robbed but was most great full the judge was kind and I already have my backpay and can appeal.
    Thank you so very much and again forgive me for the rambling, lol. Please ask me for any clarifying as I am certain you can help I want to write the appeal so hopefully I am awarded what is truly due me.

    Should I get my records from the local office? Do you recommend that or my former attorney? I am truly in awe of your responses toward ppl, I just came across, why I am up till 2 AM. writing you.
    Bless you! Susan

    • Leah says:

      Kay, it is me Leah, I also go by Susan, goodnight…:)

    • Kay Derochie says:

      Dear Susan,

      If you appeal your onset date, it would be a very good idea to get a copy of your claim file so that you can see the reasons for the judge’s decision about the onset date. That will allow you to direct your appeal specifically to the points that could help prove an earlier onset date. You want to be concise and directed in your arguments. You could also mention that you did not really agree with the onset date that your attorney suggested and that you didn’t explain about the mental issues and stress because your attorney suggested you answer “yes” and “no.”

      Sincerely,

      Kay

  178. Dana says:

    I filed in june 2010 and was denied then applied in october 2013. DDS examiner said she was going back to october 2008, the last day of work. If i am approved will the first application be reopened since dds MAY go back to october 2008? If so how will backpay be calculated?

    • Kay Derochie says:

      Dear Dana,

      The claims examiner means that she is determining that you became disabled in October 2008. Your benefits will begin to accrue in October 2012, twelve months before you filed your second application. You will not be paid based on your 2010 application because you did not appeal that application.

      Sincerely,

      Kay

  179. Patti says:

    My three children are disabled and have received ssi since 2009. I recently applied for disability in Jan 2014 and was approved June 2014. I recieved a total of 18 months backpay. I received a letter from ssi that we only owe money for June for my kids, as that is when our income increased. Then I received 18 months backpay for each child(for ssdi). They don’t decrease the ssdi benefit if the child has received ssi in the same time frame as back pay?

    • Kay Derochie says:

      Dear Patti,

      I believe that the offset (reduction) of Social Security benefits for Supplemental Security Income (SSI) received for the same period applies only to Social Security Disability benefits, not to dependent benefits. However, it would be a good idea to double check this with the Social Security Administration because it would be easier to repay an overpayment now while you have the dependent benefit back pay than later.

      Sincerely,

      Kay

  180. jerry says:

    I have a question I was out of work june 2009 filed ssd march 2013 do I have enough working credits since is been 5 years now with nowork or do they go back to unset day of 2009?

    • Kay Derochie says:

      Dear Jerry,

      You have to have twenty quarters of coverage (work credits) in the ten years before the date Social Security establishes as your disability onset date. You were still insured in March 2013 (had enough quarters) if you were working steadily in the five or six years prior to your cease work in 2009.

      Sincerely,

      Kay

  181. rebecca gerdes says:

    Dear Kay
    After a long battle without an attorney I finally got approved by requesting a hearing! My question is I first applied in April 2011 got denied and appealed it and got denied again! Then in April 2012 I reapplied got denied twice requested a hearing and finally after a long 6 months the judges decision was that he found me disabled on May 17, 2013. So my question is does my back pay go to when in 2012 or 2013 and what is the reasoning for them holding back 5 months of back pay? This seems unfair when there was no attorney involved and I was borrowing money just to buy simple things just to survive!
    Sincerely
    Rebecca

    • Kay Derochie says:

      Dear Rebecca,

      Please clarify: did the judge make his decision on May 17, 2013 or did he determine that your disability began on May 17, 2013? If he determined another disability onset date, please give me the date. Once I have this information, I may be able to provide some insight.

      Sincerely,

      Kay

  182. Jennifer Ward says:

    Sorry for the typo above. Of course it is Cochlear Implant.

  183. Jennifer Ward says:

    I got a Cholera Implant 12/23/2013 and have read that automatically qualifies me for disability for 1 year. I had profound loss in both ears for a long time before the implant. My question is, when I apply will they go back to the date of my implant or back to when my hearing began to qualify as profound loss?

    Thanks,
    Jennifer

    • Kay Derochie says:

      Dear Jennifer,

      You will have to file an application to determine whether your past hearing loss will qualify you for disability benefits. To be eligible for past benefits (up to a maximum of twelve months before the date of your application), you have to have been unable to perform substantial gainful activity, which in part is defined by earnings. In 2013 earnings of $1,040 was considered substantial.

      Sincerely,

      Kay

  184. neetra says:

    My kids both receive ssi, and now will get ss dependent benefits, but they are holding back pay to recalculate minus the difference, how do I calculate that?

    • Kay Derochie says:

      Dear Neetra,

      Please explain what kind of calculation is being done. Then I might be able to give you some general information.

      Sincerely,

      Kay

  185. Tanya Mallory says:

    Hello, I finally received my permanent disability approval notice after getting an attorney and jumping through the thousands of hoops. When I first applied for permanent disability and met with the lady to do the consult, she quoted me at receiving approx $1,600 a month if I was approved. Now that I am approved I received my payments letter. The total that I will actually get is now $1,099!! That is a significant difference in my monthly and how much back pay I was expecting to receive. What do I need to do, or is there a way to challenge the amount I was quoted to receive? Thanks

    • Kay Derochie says:

      Dear Tanya,

      I wonder if you have children. If you do, the $1,600 figure may have included the children’s benefit. You can check to see if the amount is correct by asking for a printout of your earnings record. If the list of annual earnings on your earnings record is correct, then you can be assured that the benefit amount is correct because the payment calculation is automated.

      Sincerely,

      Kay

  186. Shaela says:

    Hello Kay,
    ok I’m 37 been married 18yrs , my husband and I have 3 kids and 1 biological together my two sons and I just found out one of my sons didnt receive any ssi benefit but my other two kids did. The SSI stated if my husband writes a letter stating he payed at least 51% of his monthly income the last 16 yrs that he would be elgible to receive back pay for 192 months is this true? I’m confused and should I call my husband and ask him to send a notarized letter stating this since some how he got left out of receiving benefits and my other 2 kids did get and one of them is his stepchild also by me. How does this work? My son is now 16 , my husband lives in New York I didn’t want to move from LasVegas so I stayed here with the youngest the then a newborn now he’s 16. What should I do ? Since it seems he somehow missed putting the baby stepson on.

    • Kay Derochie says:

      Dear Shaela,

      If your husband was supporting the stepchild who was not paid either when he became disabled or when he became entitled to benefits, then getting a letter from him would be the thing to do. Social Security may ask for some proof. Benefits could be retroactive the date of your husband’s application(apparently 192 months ago) in the circumstance that non-payment was just an error. The other possibility would be that benefits would start six months before the date you apply for the child.

      Sincerely,

      Kay

  187. Amber says:

    Hi Kay,
    My MIL was awarded SSDI this month. They deemed her onset date was Jan 2013, but benefits would start July 2013 (due to 5 month waiting period). Then she got a letter that says she will not get back pay, because she is receiving State Benefits. BUT, she did not receive state benefits until Dec 2013. So im wondering what happens to her back pay for July2013 to Dec 2013. She is getting $319 a month more with her state payments, but i dont understand why they are just ignoring her 6 months that she had absolutely no income.

    • Kay Derochie says:

      Dear Amber,

      I would seek clarification with the Social Security Administration. If the state assistance is being withheld from the Social Security Disability (SSDI) benefits, an error has probably been made and you should be able to get it corrected. You don’t mention when the application was filed. If the repayment of state assistance is coming out of Supplemental Security Income (SSI) payments, there may not be back pay due before December 2013 because SSI payments start the month after the month of application.

      Sincerely,

      Kay

  188. Kammy says:

    My husband was approved for his disability. He received a letter about ssi he was approved for that they said that ssi would pay until his disability kicked in if ssi pays him back pay will he still receive back pay from social security disability.

    • Kay Derochie says:

      Dear Kammy,

      If your husband was eligible for both Social Security Disability (SSD) and Supplemental Security Income (SSI) for past months, his back SSD will be reduced by SSI paid for the same months.

      Sincerely,

      Kay

  189. will roberts says:

    meant to say she received her backpay and then got her first monthly check. then got the letter the next day after the first monthly check arrived saying she needed a payee

  190. will roberts says:

    my wife just won her ssi and has received her backpay and just her monthly check. now she has got a letter saying her next months check will be delayed and she will need a representative payee.. what are the requirements for me to be her payee..does my work history matter at all? i am currenty unemployed and have mostly worked under the table for cash most my life. does this matter at all? i also have no criminal record of any kind

    • Kay Derochie says:

      Dear Will,

      You can apply to your wife’s payee. Social Security will not ask about your work history. Just for your information, though, in addition to being illegal tax evasion, working under the table is undermining your own retirement because no Social Security taxes are being paid on your income, so you are not building up a Social Security Retirement benefit for yourself.

      Sincerely,

      Kay

  191. Jeannine says:

    I have found the whole process very degrading personally and frustrating, when I call to find out what the hold up is with the back pay I am told it should have been done in 30-60- days and then told to call back in two weeks. When I call back in two weeks I am told that the more I call the longer they will take, what kind of stupid comment is that to make to someone. I find there is no one responsible for their actions no supervisor or person who can actually get things done. I have now waited almost 10 months for someone to do a simple math problem, do these people have even a 4th grade education, sorry for the rude comment but if disability was a private agency ran this way the government would shut them down and/or take over the operation of paying claims owed to people who had paid their premiums. I think the most aggravating part of this is the money they received for my DISABILITY INSURANCE benefits were taken out of my paycheck before I ever saw it and now I need it they treat me like some low life criminal trying to get something I have not paid for. All I really want to know is who is responsible to make sure the employees do the job they are paid to do, which is pay out claims in what should be a timely manner.

    • Kay Derochie says:

      Dear Jeannine,

      It is unfortunate that you were treated discourteously. I rarely suggest contacting a congressman, but given that your claim has been in the payment center for ten months, which is way beyond the norm, such contact might draw attention to your claim and move it along. (No guarantees.)

      Sincerely,

      Kay

  192. John says:

    I was approved for SSDI back in December 2013 when I received my award letter. I initially received SSI backpay in March 2014 but haven’t received my SSDI backpay which should be significantly higher. It was determined my EOD was 2008. I applied for SSDI in 2009 and then again in 2012. The judge re-opened my app. from 2009 in his decision, so will I get backpay from 2009 to current? Also, how much longer do you think until I get my full SSDI backpay? It’s been almost 6 months. I called SSA and they said it’s “in the payment center”…whatever that means.

    • Kay Derochie says:

      Dear John,

      Your Social Security will begin to accrue the later of twelve months before your 2009 application and the sixth full calendar month after you became disabled in 2008. Your cla’s being in the payment center means that the local office has done all their work on your clam and Social Security’s central payment center is reviewing the claim to release payment. If you have not received the SSD back pay within three months of the date you got your SSI payment, ask the local office to follow up to the payment center to make sure they are aware that your SSI claim has been paid.

      Sincerely,

      Kay

  193. Brian Parker says:

    I was found disable in nov/13 an I will start getting sis in May will I get any back pay since only been 5months

    • Kay Derochie says:

      Dear Brian,

      If you have been approved for Social Security Disability (SSD) with a November 2013 onset date, the first month of eligibility will be May 2014. December through April are the months of your unpaid benefit waiting period, so there would be no back pay. If you were also approved for Supplemental Security Income (SSI), retroactivity would go back to the month following the month of your application.

      Sincerely,

      Kay

      Sincere

  194. John says:

    My father in law was approved in 2010 for ssdi. He was born in Canada and had no proof of citizenship, apparently he thought he was a citizen because he was honorably discharged from the airforce. We had lots of trouble with immigration, finally hired a lawyer and now we have the proof of his residency. My question is, how much back pay will he receive? He has had 0 income for 4 years and has been living with my wife and I. He is very excited to be able to have an income again.

    • Kay Derochie says:

      Dear John,

      If your father-in-law’s original claim has been held open all this time while he tried to prove his immigration status, retroactive benefits could go back to 2010. If he was denied based on not having proof of immigration status and he appealed and the appeal is still pending, similarly, he could be paid back to 2010. If on the other hand he was denied and didn’t appeal, he may have to file a new claim and go through the full claim process for a new approval. In the last scenario, maximum retroactivity would be twelve months prior to the date of the current application.

      Best regards,

      Kay

  195. Michael says:

    Hello Kay. I’ve seen all the great knowledge you seem to have on the entirety of the government funded programs of S.S.I, and S.S.D.I. I wish to share in some of that knowledge if possible. My girlfriend has been approved for 3 different things. I believe that are S.S.I, S.S.D.I, and disability for a woman whos not married and under the age of 28. I’ve never heard of that last one and was curious as to whether you had any information on that. Also, it says on her review statement form that she began her disability on June 1st, 2011. she was approved for around/a little over $ 900.00 a month. we received her first check which was from S.S.I, and it equaled $2,163. We had gone to the local social security office almost ten days prior to that and they informed us that for her S.S.I back pay she would be receiving over $ 8,000.00. My questions are as follows : What is the ” A woman under 28 years of age, not married” approval about? Why did we only receive only $ 2,163.00 for her first S.S.I check? Also when can we expect her to start receiving her monthly checks from either S.S.I, OR S.S.D.I, along with her S.S.D.I back pay? Thank you for your understanding the urgency of this matter, we truely appreciate any help we can get at the moment. Thank you.

    • Kay Derochie says:

      Dear Michael,

      The third benefit you refer to sounds as if it is Social Security disabled adult child benefits drawn from a parent’s earnings record. I spoke with the Social Security call center recently about the “under age 28″ verbage, which someone else told me about, and I was told it was a mistake. Disabled adult children must have become disabled before age 18, not 28.

      Regarding your second question, Supplemental Security Income (SSI) back pay over $2,163 has to be paid in installments paid six months apart. One exception to that rule is if the recipient will not be eligible for ongoing SSI payments because of excess income or resources. If your girlfriend has non-work, non-SSI income totaling $741 or more, making her ineligible for monthly SSI benefits, then she can ask to have all the back pay released now.

      Sincerely,

      Kay

  196. Audrey says:

    Hello! I apologize for asking the same question that has been asked of you a hundreds time already, but I have read some contradictory statements and am still confused.
    When referring to back pay, I have seen different answers to this question. You frequently state in your responses that back pay can start up to 12 months back from the date of original application (then minus the 5 month waiting period). But I have also seen, although rarely, you state that it can go back to the date of substantiated disability.
    But on the SS website it states this: “If your application is approved, your first Social Security benefit will be paid for the sixth full month after the date we find that your disability began.”
    My disability started and was approved by the ALJ to be May 2009.
    I applied Jan. 2012, denied, reapplied, denied, hearing, then received approval of full disability May 2014.
    Help!!!

    • Kay Derochie says:

      Dear Audrey,

      Apologies if I have not explained clearly enough in prior posts.

      Social Security Disability benefits will begin the LATER of
      1. Twelve months prior to your approved application (not the appeal date); and
      2. The sixth full calendar month after your date of disability onset (as determined by SSA).
      In your situation, your benefits will begin to accrue for January 2011, twelve months prior to your application, because that is later than November 2009.

      Sincerely,

      Kay

  197. Rogers9189 says:

    My husband applied for disability back in April 2012 denied may 2012, he has recently went to court and it’s looking good for him, say if he’s approved to receive in the next month how many months of back pay is he looking at?

    • Kay Derochie says:

      Dear Beatrice,

      If your husband is approved for Social Security Disability (SSDI), his benefits will begin to accrue the later the sixth full calendar month after he became disabled or April 2011.

      Sincerely,

      Kay

  198. Sarah says:

    I am hoping you can help me understand what is going on with my disability case.I hhave already gone before the judge and the vocational expert agreed I cannot work. However, my condition is VERY rare and is not recognized in their “list”. I recently received a letter stating the judge gave me a “partially favorable” determination. I wastreatment! it was going off to the next step to be determined and would take 60 days.
    My confusion is that I received a phone call asking for an interview concerning my “back pay and so forth “. I am representing myself and was wondering if this is normal if they are still undecided? Or has God blessed me with a favorable decision after 3 years of poverty and suffering without health insurance or money for medications or treatment!
    I would GREATLY appreciate prompt response if you’re able because my interview will take place tomorrow.
    Thank you, Sarah

    • Kay Derochie says:

      Dear Sarah,

      Based on the information you gave me, I believe that your claim has been medically approved with a later disability date than you claimed or for a closed period of disability, meaning you were approved for benefits, but not ongoing benefits because it was determined that your disability has ended. The interview scheduled for today is likely to go over the non-medical factors of your eligibility.

      Sincerely,

      Kay

  199. Robin Levine says:

    Hi Kay,
    I have my interview this Friday for my 14 year old son. I’m really confused about how this works & if I’m wasting my time or not. I haven’t worked for over 4 years. Right now our monthly income is about $350 so I know I qualify income wise but can my son still get benefits if I’ve been unemployed for years? I don’t understand the difference between SSI or SSDI or really any of these terms.
    Can he still get help from social security regardless of my work history?

    • Kay Derochie says:

      Dear Robin,

      I assume that you are applying for benefits for your minor son because he is disabled. If so, you are applying for Supplemental Security Income (SSI), which is a public assistance program for disabled and aged (over 65) individuals who have income and assets below a certain limit. For disabled children, the child and parents living in the same household must have income and assets below the limit.

      SSDI is Social Security Disability Insurance. Social Security Disability (SSD) is paid only to individuals who have worked enough during their lifetimes and also in a specified period of time before they become disabled. This would not be applicable to your child.

      Sincerely,

      Kay

  200. ajb says:

    I think Kay I will be backed paid from 11/1/2010 I asked my attorney and she explained the Judge awarded my ONSET date which was 5/1/2010 so does that sound right to you as well? Thank you.

    • Kay Derochie says:

      Dear AJB,

      If your onset date was May 1, 2010, then benefits would begin to accrue in October 2010 because May would be counted as a whole month.

      Sincerely,

      Kay

  201. mollie says:

    I just got approved for ssdi and just talked to ssi to update my records with them she said i probably wouldnt qualify for ssi if i dont qualify for ssi but do for disability do i still recieve back pay for the disability. And if i have insurance through my husbands work will i recieve medicare

    • Kay Derochie says:

      Dear Mollie,

      Your Supplemental Security Income (SSI) denial does not affect your Social Security Disability (SSDI) approval. Your SSDI will begin to accrue the later of twelve months before the date of your application and sixth calendar month after your approved disability onset date. You will be eligible for Medicare after you have received twenty-four months of SSDI including back pay.

      Sincerely,

      Kay

  202. Unknown says:

    Hi,

    I am currently waiting to see the judge in about a month to appeal several denials. I have lawyers which have been handling my case. They are asking for ssi and ssdi (in the form of Adult Child Disability)- I’m 30. This whole process is truly confusing and I don’t understand the back pay or retro active process at all, assuming that I would even get anything if I did get approved. But if I did how would I get a rough estimate of what either or both would be? Again I’m applying for both ssi and acd (adult child disability).
    I applied to social security through attorney June/2012, so I’ve waited two years, and the other thing is I don’t know the date of disability because I’ve always struggled with these issues so I’m assuming the judge would just think it would be the date of application I’m assuming or go off from the letter my psychiatrist wrote explaining my disability.

    • Kay Derochie says:

      Dear Unknown,

      If you know the amount of Social Security your parent receives or received per month, you can figure an estimate of your monthly disabled adult child benefit. If your parent is living and there are no other dependents, you can receive half of what your parent receives. If you parent is deceased and there are no other dependents, you can receive seventy-five percent of your parent’s benefit per month. If you do not know these amounts, I suggest calling Social Security at 1-800-772-1213 and requesting an estimate of your monthly benefit should you be approved. You can then multiple the monthly amount times the number of months since June 2012 to get an estimate of back pay. If your disability onset date is earlier than June 2012, then your back pay may be more. SSI is limited to a maximum of $721 per month. If you are receiving free shelter and/or food, there could be as much as a one-third reduction to $481 per month. If you receive SSI for the same months as Social Security, your Social Security will be reduced by the SSI received.

      Sincerely,

      Kay

      • Unknown says:

        Thanks Kay.
        It doesn’t seem a lot at all a month for me to pay my bills, I don’t obviously live by myself.
        What about if both my parents are retired and on social security?
        Again thanks for your resourceful help with everyone on these questions.

        • Kay Derochie says:

          Dear Unknown,

          If you are applying for disabled adult child benefits on both parents’ earnings records, your Social Security benefit may be more the maximum Supplemental Security Income (SSI) payable and you may not be eligible for ongoing SSI benefits. The fact that your parents receive Social Security does not affect your SSI eligibility.

          Sincerely,

          Kay

  203. Justine says:

    Hi Kay, I have a question regarding backpay. How much is an Lawyer suppose to get out of ssi/ssdi checks. For instance if you are getting 10,298 for ssi and 6092 for ssdi. Is it $6000 for both or 25% the lessor.
    I was told only $6000 would be the total amount between the two. And does the lawyer get more than the client these days.

    • Kay Derochie says:

      Dear Justine,

      It would appear that your attorney fees will be $4,097.50, which is 25% of the total back pay paid from SSDI and SSI. Benefits paid to you would come to $12,282.50.

      Sincerely,

      Kay

  204. dennis says:

    I had my hearing about three weeks ago in N.J. It was just my attorney, me the judge and a court reporter. The judge was very nice. She asked me the basic age, address, hight etc. She then asked my attorney for an opening statement which he gave a short one. The judge then asked me what my usual day was and what did I do, I started to tell her that I watch alot of t.v and she cut me off and asked me what I used to do so I told her a couple of things like I used to do a lot of work on my house and I used to do a lot of thing with my kids since they are both athletic and then she cut me off again and asked about side affects to the meds. There are a lot of side affects but I started b

    • dennis says:

      Sorry I pushed enter by accident… I started by saying the constipation is horrible and I actually take meds for that and she cut me off again and she said she has everything she needs. My attorney felt like he had to get a few more points in but that was pretty much it. I’m just wondering why she would cut me off when I tried to answer her questions ? In all her questions only lasted about 5 minutes and she said she had all she needed. I hope that is a good sign and not a bad one. There also was no V.E or M.E present. Again I hope a good sign. If she did not let me finish my answers would that be a good reason for appeal with the appeals council ? I’m really stressing because this is the last chance to keep my house. Thank you.

      • Kay Derochie says:

        Dear Dennis,

        The fact that the judge did not call any witnesses and didn’t really let you answer questions leads me to believe that she looked at your claim file shortly before the hearing and decided that the claim could be approved. Of course that is a guess on my part.

        If you are denied, yes, failure to let you fully present your case could be grounds for the Appeals Council to take action. I suggest that you discuss this point with your attorney and then follow your attorney’s advice on what to submit with the appeal.

        Sincerely,

        Kay

  205. Need Clarification says:

    My ex-husband was approved for SSDI in January 2014 with an onset date of 2009 and his initial application was filed in Apr 2012. I did apply for dependent benefits for our 3 children and they received their first monthly payment in April but have not received their backpay. My ex-husband is deep in arrears for child support from the years prior to him filing for SSDI. Can his backpay be garnished to satisfy his child support arrears?

    • Kay Derochie says:

      Dear NC,

      If you have a court order for child support and proof that it is in arrears, your ex-husband’s Social Security back pay and ongoing benefits can be garnished for child support. You should take the documents to the Social Security Administration as soon as possible.

      Sincerely,

      Kay

      • Need Clarification says:

        Hi Kay,

        Thank you for your response. Since then, I have been given disheartening information from SSA. They stated that I am not able to receive any of his back pay to cover his arrears because that money is due to him. So he has received $36,000 and still owes $21,000 in arrears child support. The local CS office says that I can only get the monthly amount our children are entitled to and there is no way to collect on the arrears amount. My question is…..is there any other recourse to trying to collect SOMETHING on this $21,000 without having to get a lawyer? BTW, he also is 80% service connected through VA and receives benefits for the children.

        • Kay Derochie says:

          Dear “Need Clarification,”

          It is my understanding that a certain amount of retroactive Social Security benefits can be withheld if there is a court order documenting the past-due child support. You probably need legal advice to see whether an error has been made or there is something about the situation that prohibits garnishment for child support.

          Sincerely,

          Kay

  206. kim says:

    My husband was diagnosed at at young age with autism and sensory disorder. He started receiving disability. When he turnt 18 it was cut off. He didnt know he had to refile. Now he is 22 and I helped him file in 2013 and we hired a lawyer. Will he veg back pay from when he was 18 or just 2013. We live in florida thanks, kim

    • Kay Derochie says:

      Dear Kim,

      If your husband is financially and medically eligible as an adult, his SSI benefits will begin the month following the month of his application, unless he applied on the first of the month in which case they will begin with the month of application.

      Sincerely,

      Kay

  207. Debbie says:

    Hi Kay, I just found your website and find it very helpful for some confused people like myself. My question is, back in 2010 my last ss statement said if I were to become disabled back then I would receive $1280.00. I have been denied since then , got a lawyer and have a hearing June 13, 2014. I have worked since being denied in the past but how come they block you on the ss website to see how much your benefits will be if you are approved?

    Thank you,

    Debbie

    • Kay Derochie says:

      Dear Debbie,

      The data available while you have a claim pending is different than before. Your work since 2010 might raise your benefit a small amount or it might not. It depends on how much you earned in relationship to your total earnings before disability and on the years over which you worked. Initially your benefits will be calculated based your earnings before disability. If you worked in 2011, benefits beginning in 2012 would increase (if you had enough earnings in 2011 to cause and increase); if you worked in 2012, the increase would begin 1in 2013. If you are approved, take your W-2s for 2012 and 2013 to Social Security so they can be manually posted to your earnings record and considered when calculating your benefits.

      Sincerely,
      Kay

  208. Chris says:

    Hi Kay, found your site via google just now and looks rather helpful and informative, unlike dealing with SSD/SSI offices as they seem to not communicate well within their own offices and with each other. Ok lets see if I can break this down cleanly and easy for you and see if you can guess or advise as to my scenario.

    I was awarded SSD oct 2013 and although I received paperwork in Jan. about my monthly payments $1,135.90 then minus the medical ins premium of $104.90 I am left with $1,031.00 and also my back payments amount of $43,693.90 from sep 2010-dec 2013 which an attorneys fee of $6,000 will be taking out.

    Ok so here is the confusion as of today April 7th, 2014. I finally received a check in a ” white ” envelope from ssd for Jan, Feb and March for $2,988 about 5 days ago, which is the correct amount. There was however no paperwork or statements, just a check. 2 days ago I received another check in a ” blue ” envelope for SSI again with no paperwork or statements, I assume it is back pay that would seem to calculate to about an additional $50 or so dollars a months, the total was $2,256. I called and as usual no return call yet on their part.

    This isnt the real issue, here is my real question now that you have the background info. Today I received yet ” another ” check, this time for $24,206 which does not fit into any of the calculations myself, the lawyer and their own letter stating my monthly payments and my back pay, nor did it come with any paperwork or statement. In a separate envelope I received a letter that was brief and stated ” We wrote you once before and said we had approved the fee agreement with your lawyer. Once we complete all our actions on your Soc Sec Claim, we will decide the amount of the fee, if any, your lawyer can charge you for the work on your SSI claim. We will send you another letter about SSI telling you the amount of the fee, if any, your lawyer can charge you for the work on your SSI claim.”

    ” Information about Past-Due Benefits Withheld to Pay Your Lawyer”

    ” Your lawyer is eligible to receive direct payment of the fee we approve. Because of the law, we usually withhold part of the past due benefits to pay an approved lawyers fee. If any amounts is left after we repay the DIRECTOR OF WELFARE, we will pay as much of the approval fee as we can to your lawyer. Then, if an money is left after we pay the fee, we will send it to you.”

    Ok, WHAT and WHY do they pay out of my earned past due backpay money to this ” Director of Welfare ” and ” if any is left ” they will pay my Lawyer and ” if any is left ” from that they will pay me? Ok is this even legal lol? Seems like some sort of ” Mafia ” heist going on Kay?

    So if you do the simple math of my past due $43, 693 minus the lawyers $6,000 you are left with $37,693. Now that check I stated above I just received today is for $24,206, that means I am missing $13,493 out of my earned income from my years of work towards my disability. Do you think this is only a percentage they gave me or is this ” normal ” for some ” Welfare Director ” to for what ever unknown and totally illegal sounding reason be ” payed ” this huge amount from my earned rights and past due amount? I have the letters right in front of me and ONLY todays letter makes this claim about ” if any money is left over ” and ” paying the Welfare Director.” I am very very frustrated for over 3 years of complete nonsense and jumping through hoops to be classified as disabled and really had it with the amount of phone calls I had and have to make during this process and now it seems it is going to continue. I figured I would reach out and leave you this post to see if you had any info for me before I have to call multiple offices to see what is going on.

    Oh, btw, they also state and did take out the $104.90 per month from my monthly check for medical, yet today in yet a 3rd envelope I received a bill for $524 due in a couple of weeks for ” medical ” premiums for March-July. Divide that $524 by five and you have $104.90 per month, yes can you feel the frustration yet Kay? Now I have to make a call to this particular office who is trying to bill me for money they already take out of my monthly payments. You wonder the intelligence, lack thereof or if they purposely do this to aggravate, confuse and perhaps even scam back money to them. Thank you so much for your time and this forum and page to ask questions and #Vent :)

    Sincerely,

    Chris

    • Kay Derochie says:

      Dear Chris,

      You are right, the amounts you have received don’t seem to add up to the amounts that you have been told you would receive. I can’t sort it out, but I will give you some ideas that might help you figure out where to begin.

      1. Some people receive public assistance payments from their state welfare departments while their federal disability claims are pending and they sign an agreement to repay the welfare department from their back disability pay. If you did not get public assistance, it is possible that the letter which is made up of stock paragraphs was incorrectly triggered with that paragraph to be included, or the SSA office has to check to be sure you had no welfare payments.

      2. I wonder if you do not have two different claims being processed, one for Social Security Disability (SSDI) and one for Supplemental Security Income (SSI). If that is the case, the Social Security Administration (SSA) usually calculates the back pay for SSI first and then reduces the amount of SSDI back pay listed in the letter by the amount of SSI paid for the same period. That could account for receiving a check for $24,206. (You cannot receive duplicate disability payments for the same months.) Look at the top of all the notices you have gotten to see if some say Supplemental Security Income. If you still have the checks, look to see if there is a description on the checks that distinguishes them. Of course, you can just ask about each of the checks to see if each is SSDI or SSI. (I don’t know why you are getting checks for just a few months at a time.)

      3. Total deductions for medicare premiums should be the monthly rate times the number of months from your 25th month of SSDI benefits through present. (Remember the first five full calendar months of disability are not paid and Medicare is withheld for the current calendar month from the check received in the current month.) Hopefully, that will help you figure out how much should have been withheld retroactively for Medicare premiums. I don’t know why they are billing you, but check again the dates for which they want Medicare premium payment to be sure it is 2014 and not a previous year. They might have not withheld for those months in a past year and have to bill for them rather than withhold an extra amount from current benefits.

      Best regards,

      Kay

      • Chris says:

        Hi Kay, thank you so much for the reply as it helps me out. I had also done research on the web and lawyer sites to gain info about SSI and ” reduction ” of SSD if owed. I just received another check in the mail today lol, yes no joke, this one for $11,000 plus, no statement with it but, a separate letter stating I will receive $24,206 on April 18th. Oh boy do they know I received this almost 2 weeks ago now?! Makes you wonder if Humans are working in the office or drones. Anyway as you said in one of your explanations, they owed me SSI, so they deducted it from SSD, not sure why this is a rule but, it just cancels it out and I get the same in the end. Why so many checks, i have no idea and obviously they do not as well lol.

        So I did a quick addition off the top of my head and it looks like all four checks will add up to the $43,693 minus the $6,000 lawyer fee or relatively close if ot exact. baffled as to why my lawyer nor ssi/ssd bothered to tell me this in advance and they seem to not even know they sent me out certain checks. Well, thank you so much for your time and advice. Looks like I received right amount in the end , now I have to call them to make sure they dont send out more checks on the 18th! Lol. Have a wonderful day and you are a very beautiful Soul to spend your time doing what you do and on this site! Much love to you Kay! <3 Chris

        • Kay Derochie says:

          Dear Chris,

          I am glad the checks, however mysterious, add up to the right amount. Thanks for the good wishes.

          Kay

  209. Shenel says:

    Hi Kay I have been approved for SSI, and I will receive my first check in May, 2014, and I have an Application processing for SSDI. I would like to know If I could be approved for both programs, and will one program replace the other due to income restrictions, I’m confused. Both applications filed on 10-14-2011, and with a onset date of 1-01-2013. My earning records show that I have sufficient quarters of coverage to remain insured through dec 31. 2015. How many months of packpay should I expect to receive from both programs.

    Shenel

    • Kay Derochie says:

      Dear Shenel,

      If you are approved for Social Security and your Social Security is $741 or more monthly or your Social Security and other countable income reaches $741, you will not be eligible for ongoing Supplemental Security Income (SSI) benefits beginning with the month that the Social Security is first received.

      It appears that you made a mistake with one or both dates you provided because you have stated that your disability onset date was after your application date; however, I can provide the followinng general information about back pay. SSI back pay will start the month following the month of application unless you applied on the first, in which case, it would begin the month of application. Your Social Security Disability (SSDI) benefits will begin the later of the sixth full calendar month of disability or twelve months prior to the date of your application. SSDI back pay will be reduced by SSI already paid to you for the same months.

      Sincerely,

      Kay

      • Shenel says:

        Hi Kay I will reiterate the question, My application dated 10-14-2011 for ssi/ssdi was denied and I appealed the case, Request for a hearing was 04/25/2012. had a hearing on 01/31/2014, which my case was Fully favorable. I was declared disabled on 01/1/2013, for ssi/ssdi. With a LDI of 12/31/2015, I am wondering if I could receive both programs at the same time. I recevied an award letter for ssi but heard nothing from ssdi, By looking on the ssi website it gave me a date and amount to which i would receive. I am also wondering if I would be waiting on an letter from ssdi or how does this work. How many weeks of backpay if any.

        • Kay Derochie says:

          Dear Shenel,

          If your Supplemental Security Income (SSI) is $2,163 or less, you will receive the SSI back pay in a single payment. If it is more than that, the back pay will be paid in installments of not more than $2,163 six months apart. Once the SSI back pay is processed, processing of your Social Security Disability (SSDI) back pay will begin; it can take as long as ninety days more. SSDI back pay will be paid in one single payment.

          Sincerely,

          Kay

          • Shenel says:

            I also need to know What kind of report to request from my lawyer when the case is completed, done.
            yhank you Kay.

          • Kay Derochie says:

            Dear Shenel,

            I don’t think you would necessarily receive a report from your attorney. The “report” is your approval letter issued by the Social Security Administration. You are likely to receive an invoice for your attorney’s “out-of-pocket” expenses such as amounts he or she paid to get your medical records. These charges are unusually small and are not part of the professional service fees paid from your retroactive award.

            Sincerely,

            Kay

  210. Shaynee says:

    Hi, Kay-I applied for SSDI and was approved within a couple months. I became disabled 10/2012. I advised soc sec that since 10/2012, I’ve been receiving sick pay from my employer which is equal to my regular salary. This week, I received two large deposits into my bank account. I have a minor child. I suspect this is back pay for me and back pay for the minor. However, I wasn’t expecting to really receive any back pay considering I was getting sick pay the whole time. I’ve been researching but it’s a bit confusing. I haven’t received a breakdown yet from soc sec. Am I eligible for back pay from soc sec even if I was getting sick pay the whole time?

    • Kay Derochie says:

      Dear Shaynee,

      The sick pay you have been receiving from your employer will not reduce your Social Security disability benefit or your child’s Social Security dependent benefits.

      Sincerely,

      Kay

  211. emonty says:

    Hello
    Just wondering if I can receive ca. State disability and receive social security at the same time or do I have to wait till state disability expires
    EMONTY

    • Kay Derochie says:

      Dear Emonty,

      If your disability is expected to last twelve months or more, you should apply right away for Social Security Disability (SSDI) because it can take a few months for the SSDI claim to be processed. Social Security Disability has an unpaid five-month waiting period before benefits start so there will be very little overlap. Check with the California State Disability Insurance (SDI) office to be sure, but I believe you will have to repay the SDI for the one month overlap if you are approved for Social Security.

      Sincerely,

      Kay

  212. Lauren says:

    Hi Kay-thanks for the great article…my dilemma is 2 part…
    1st-I have been told(in a round about way) by my claims adjuster that I was approved, pending SSA review. I called the 800 # and was told that a decision has been made and that they are figuring out disbursement or something-however she still would not tell me yay or nay-I am being positive as I have not been denied and have not had to hire an attorney, its been a year-been to all doctors etc and well its a long story-so I guess my question is-how long after the adjuster makes a decision does it take to get the letter!! And 2-I became disabled May of 2012-however I received Short Term Disability for approximately 6 mths-which FYI was about 35% of my salary. Does this factor into back pay decision? Any info is appreciated

    • Kay Derochie says:

      Dear Lauren,

      I suggest that you contact your local Social Security office and ask to speak to the claims representative who is handling your claim. Ask him or her whether you need to submit anything to get payment started. Then ask what is left to do on the claim and how long it will take. If you are told your c;ao, is in the payment center, inquire when it was sent and how much time has to have passed for the local office to follow up.

      With regard to your short-term disability (STD) insurance payments, if your benefits are Social Security (not Supplemental Security Income, also known as SSI), your STD will not affect your Social Security. You may; however, have to repay STD to your insurance company for any month that Social Security and STD overlap. Most likely this would be the sixth montonly because Social Security has a five calendar-month waiting period for which no benefits are payable.

      Sincerely,

      Kay

  213. Ralph M says:

    Hi,

    My son passed away on Oct 5, 2013. About a month before his death he was awarded back disability payments by a judge for many months of waiting. After his death I became the next inheritor. I filed the inheritance claim on Oct 25, 2013. That seemed to be lost. I filed it again on Feb 2, 2014.

    We have called SS several times as to the status of the claim. The only reply we get is that because it is a large amount it has to be paid by check and the check is ready but needs two signatures because it is so large. I don’t understand why two signatures can take so long to sign. Is there anything else I can do or someone I can contact to get the signature signers to sign the check and mail it? Where could I send an email to get further answers please?

    Thanks for your help.

    • Kay Derochie says:

      Dear Ralph,

      I would say that all you can do is wait. I believe that “two signatures” means that it has to be approved by two different officials or departments. With every step, it seems a delay occurs while actions on specific claims wait their turn. If you haven’t received the payment within a month of your last inquiry, I suggest that you ask your local Social Security office to send a follow-up request to the office that is handling the release of the payment.

      Sincerely,

      Kay

      • Ralph M says:

        Thanks you so much Kay.

        The wait goes on.

        • Kay Derochie says:

          You are welcome, Ralph.

          • Ralph M says:

            Hi Kay,

            At our last inquiry we were informed my claim was forwarded to the payment center on April 14, 2014. It is now 10 days later and still no payment. Do you have any idea what happens at the payment center? Is it good news that it is at the payment center?

            Thanks again,

            Ralph

          • Kay Derochie says:

            Dear Ralph,

            If your claim has been forwarded to the payment center, then the claim has probably been approved. It can take a few weeks to get regular monthly payments started and as much as ninety days after that for release of back pay.

            Sincerely,

            Kay

  214. Kimberly says:

    I had a hearing jan.7 And I call today to check on my status and the lady on the phone said that the judge made a decision but waiting on a writer. …Then she said that I should be getting a decision in the mail any day now so I should be looking for it then she stated that they would call me when they get the decision. ..do they already know the decision they just won’t tell me….did I get denied or approved thank you

    • Kay Derochie says:

      Dear Kimberly,

      The hearings office will not tell you over the phone whether you have been approved or denied. If the letter is still in writing, despite what the employee said, it may be more than “any day now” before you get the letter. It can take a while.

      Sincerely,

      Kay

  215. joshua says:

    hello i been deny ssi sense 2009 i had my case few days ago the judge was asking about my bank info do i have one that ect i told her i did do you know why she ask? and i have learn disability i been trying get ssi i get deny everytime i have lawery my mom use speak for me now they i am adult age speak on my own

    • Kay Derochie says:

      Dear Joshua,

      I think that the judge wanted to know about your skills is handling business and money. The judge may have wanted to know this to help decide whether you are disabled, or she may have wanted to know in case she decided to approve your claim to help her decide whether your benefits should be paid to you or to a representative payee.

      Sincerely,

      Kay

  216. elizabeth says:

    hello I have a question in regards to social security survivors benefits.. My son is 5 and his father passed away in august of 2012 i applied for the benefits in jan of 2014 well i recieved a letter today stating that he was entitled to monthly childs benefits from social security beginning august 2013 but i recieved a check for the month of feb but no back pay so when it says he is entitled beginning august 2013 doesnt that mean he should be recieving back pay?

    • Kay Derochie says:

      Dear Elizabeth,

      Yes, you can expect benefits to be paid back to August. It may be a few weeks before he receives the back pay. Current monthly benefits should also continue to arrive regularly.

      Sincerely,

      Kay

  217. maryjae says:

    can a person get ssi back pay for the 5 months they will not get the ssdi? Thanks for running this site you must be a real angel put on this earth to help those most in need

    • Kay Derochie says:

      Dear Maryjae,

      Please see my response of a few minutes ago to your first question. SSI is paid for the five months (or part of the five months) that Social Security does not pay only if the five months (or part of them) occur after the date of the SSI application.

      Sincerely,

      Kay

  218. Susan says:

    Hi. I have a question. I originally applied for disability in 2008. I was denied. I haven’t been able to work since then, I’m filing due to mental issues. I re applied November 2013 and they lady I spoke with told me that she had to pull forward all my info from 2008 because I applied for the same reason. This time, they have already had me see one of their mental health dr’s. He told me my diagnosis’s were: PTSD, severe depression with anxiety, agrophobia, and panic attacks. He also said on a scale of 1-100 of being able to “normally” function to work, I was put at a 40, which is very low and not able to function to be able to work. I am still waiting on my decision. The lady I spoke with that pulled forward all my info from 2008 told me I would be back paid from 2008. After reading all the responses, I’m confused. Also, with my diagnosis’s do you think that I will get approved this time. Thank you!

    • Kay Derochie says:

      Dear Susan,

      Very rarely a prior claim will be reopened and benefits will be paid on the prior claim date. Again this is rare and it usually happens with a hearing appeal. What the representative may be saying is that they may find that you were disabled in 2008, which would mean that you would still be insured for Social Security Disability, which you are not now. This would allow you to be eligible, but they would probably begin benefits no earlier than November 2012,twelve months before your current application.

      Sincerely,

      Kay

  219. ivanetta says:

    How long does it take to get an award letter got approval notificatio July 23, 2013, how much will my benefit be for SSdi

    • Kay Derochie says:

      Dear Ivanetta,

      Please see the reply I posted on March 18 in response to your previous inquiry.

      Thanks,

      Kay

  220. Carol says:

    I have been receiving Workers Comp (75% of my last full year salary) since I hurt myself in 2011. I was just approved for SSDI and received a lump sum payment that goes all the way back to 2011. I was expecting my payment to be significantly lower than what it is, because I thought they had to reduce it to comply with the 80% rule. Will they come back at a later date and request the over-paid funds, or, does the 80% rule not apply to back payments?

    • Kay Derochie says:

      Dear Carol,

      The 80% rule applies to all months in which the two benefits–Social Security Disability and workers compensation (including prorations of lump sums) overlap. This is true for back pay months. If you are paid incorrectly and the error is discovered later, you will be expected to repay the overpayment.

      Because you received more than you expected, I recommend that you not spend the money until you get an explanatory letter. If the letter agrees with what you think are the facts, then it will probably be fine to use the money. If you don’t get a timely letter (two weeks) or the letter doesn’t square with the amount of workers comp offset you think should have been applied, take your workers comp award documents and the letter from Social Security to a Social Security office and ask to speak to a claims representative (not a service rep) because you think you might have been paid too much and want to be sure it is correct before spending it.

      Sincerely,

      Kay

  221. catherinecarmon says:

    My husband been aprove for back pay, it’s been 3 months haven’t received it yet. We had one layer we got rid of, then we got another one that did good. So what is the hold up.

    • Kay Derochie says:

      Dear Catherine,

      Three months is longer than average for the release of back pay. I suggest that your husband contact the local Social Security office and ask what work specifically still has to be done on his claim. This would be a way of checking that the claim has not “slipped through the cracks” and perhaps draw attention to the length of time that has passed.

      Sincerely,

      Kay

  222. Brian says:

    Hi,

    I was never informed that SSDI was available to anyone under 62. I have received my SSA statement for years but never explained SSDI. I have been unable to work since Jan of 2007 and have lived off my own resources since then.Now nearly broke and all my assets sold I find myself not solvent and only 57 years old. Several disabilities with MRI proof back to 1998. Also I had a severe hand injury losing my finger and thumb on my dominant hand. Aging with severe movement and arthritis plus hypertension and headaches,severe headaches. Not a question of my disabilities but SSA disapproved me because I do not have enough quarters in the past 10 years. They originally said I would recieve 1940 USD a month when approved. My point is that I wa disabled and loss work in Jan 2007 and never Knew to even FILE . A friend recently informed me that any age is eligible. WHO TELLS YOU THIS? NO ONE AND NOW after working over 30 years without interruption they say I am UNINSURED! Is this true and fair. WHY have I not worked and gone broke since JAn of 2007? Not my choice. IS IT WORTH trying Reconsideration? I am from RI a very liberal state. i have no money for a layer either. Brian

    • Kay Derochie says:

      Dear Brian,

      I suggest that you file the reconsideration claiming that you became disabled in 2007. If you are not close to the end of the sixty-day appeal period, before filing the appeal gather all your medical records for the year 2007 to present (and earlier if there is earlier testing such as MRIs that were not repeated later) to submit to Social Security with your appeal. (Doctors, hospitals, physical therapists, anyone you saw for all conditions that limit you.)

      You need to establish that you were disabled when you ceased work in 2007 or at least back as far as the date that you were last insured. (Your denial letter should tell you the date that you were last insured for disability.) If you are approved you will not be paid all the way back to 2007, but if you can prove that you became disabled while you still insured, benefits can start as early as a year before the date of your application. A note: you will probably have to pay for the records. If you do not have the money, you could instead give the list of medical providers with full contact information, months and years you saw them, and a list of what each treated you for and the type of treatment and ask Social Security to get the records because you do not have funds to do so. That said, if you can get them yourself, you will know for sure that everything you want considered will be obtained.

      Sincerely,

      Kay

      Sincerely,

      Kay

      • Brian says:

        Thanks Kay. I do have my MRI from 1998 showing several discs out of place and I have gathered the information ,hospital, doctor and date of my hand accident. I am goint to file for reconsideration this week. I am within the 60 day time period. I hope I have a fair chance. I worked very hard and long and always paid all my taxes including SS. What a process this is. Again, thanks for your post. It was helpful and it did show my last insured date as of 12-31-2011. I do not expect to receive years of payments. I just need it currently. Brian

  223. Kat says:

    I forgot to add that date of application was December 9th – in person interview.
    Faxed all paperwork to the UT office on the 20DEC – and advised if approval in January.
    Approval didn’t arrive until February 2014.
    Hth

    Kat

  224. Kat says:

    Good day- I have a question.
    My husband was approved in for weeks time from date last worked.
    An approval letter from SSDI says that payments will begin in June 2014. He was approved due to the ‘terminal list’ which allows SS to approve individual cases much more quickly.

    Question – will my husband receive SSDI benefits for the five month waiting period?
    The reason I question this is: I applied in October 2006. I was approved march 2007.
    I received a lump sum payment equal to five monthly checks.
    Have the rules changed; so that beneficiaries do not receive a lump sum payout equal to the monthly SSDI check multiplied by five?
    Color me curious!
    Thank you!
    Kat

    • Kay Derochie says:

      Dear Kat,

      Your husband will not be paid for the five-month waiting period. The rules about the unpaid waiting period have not changed. When you applied in October 2006, you must have claimed and been approved for a date of disability earlier than your application month.

      Sincerely,

      Kay

      Sincerely,

      Kay

  225. Virginia says:

    Thank you Kay for giving me good advise on how to handle my case. It is a very long process to go through when, you don’t have any income and have 2 kids to care for. I thank God for my sister helping me and my kids.

    Virginia

  226. Art says:

    I currently get disability and a good friend of mine is now applying he’s telling me that he can claim all the way back to 3 years for benefits, Isn’t only 12 months that you are able to claim?

    • Kay Derochie says:

      Dear Art,

      Your friend will want to claim his original disability date to establish the history of his condition(s) and also to claim a date while he is still insured for Social Security Disability. However, you are right; the maximum period for retroactive pay is twelve months prior to the date of application.

      Sincerely,

      Kay

  227. Kathryn says:

    Dear Ms. Derochie –

    My partner adopted our two young children in 2010; and in December 2011, I also adopted them. Both our names appear on the children’s birth certificates. I have been on SSDI since 2002, and recently found out our children can receive benefits under my disability. I spoke with SS, giving them all the pertinent information and an appt. was set for April. I was advised the children are eligible under my benefits. Here’s my question . . . are the children entitled to back pay of 12 months, or would their benefits be retroactive to the date of adoption? Also, since my partner is my Representative, the SS rep advised me to bring in the bank information for my disability benefits and the children’s benefits would be deposited into the same account.
    Thank you in advance for any information you are able to provide. I can assure you before writing to you, I have spent several hours researching this issue, and have not been able to find any concrete answers.

    • Kay Derochie says:

      Dear Kathryn,

      Maximum retroactivity for an adopted child is six months prior to the date of application. In recent years, the Social Security Administration has allowed children’s benefits to go into the same bank account as their eligible parent’s benefits. In your case, that would mean that your partner would be payee for the children’s benefits as well as continuing to be payee for yours.

      Sincerely,

      Kay

      • Kathryn says:

        Dear Kay –

        Thank you so very much for your prompt response regarding my adoption questions. Let me ask, if I may . . . .how is the disability payment determined for the children? Is it separate for each child or combined? Also, what is the time frame for the children to begin receiving their benefits once everything has been completed at the SS office?

        Again, many, many thanks.

        • Kay Derochie says:

          Dear Kathyrn,

          Your earnings record has a primary insurance amount (PIA), which is the amount you receive, and a family maximum amount. The amount of the family maximum depends on your past earnings. Apparently, your family maximum is more than the PIA or the Social Security Administration would not have taken a claim for the children. The difference between the PIA and the family maximum can potentially be paid out to dependents. Each child can receive up to 50% of your primary insurance amount, subject to the family maximum. If the family maximum is not high enough for each child to receive 50%, then the amount available is divided equally among all the eligible children. For example, if your benefit were $1,400 and the family maximum were $2,000, with two children, each would receive $300, which is half of the $600 by which the family maximum exceeds the PIA. (If you had three children, each would receive $200). When the older child turns 18 (or 19 if still in high school) and is no longer eligible, the younger child will then be eligible for $500 (50%).

          Your claim for your adopted children sounds fairly straight forward, I would think it could be processed fairly quickly, but I cannot give you a reliable time frame.

          Sincerely,

          Kay

  228. jason k. says:

    Hi kay your a wonderful person for anwsering all the peoples questions. I have a few questions. i havent worked since 2008 due to disability
    i was diagnosed with a disability by a doctor on november 1 2009.and was on dshs 6 months later. would my back pay start in april 2009? my lawyer states ill get back pay 5 months after first being diagnosed. but i didnt apply to ssi until 13 months after being diagnosed which is more than a year later than when first diagnosed. what do you think?

    secondly my lawyer says ill get 750 a month. my court case was remanded to same alj who recently denied me. And my sickness has gotten worse. She beleives i’ll win this time. im looking at 3 1/2 years of back pay? 4? with 15000$ or more going back to dshs (wa state law) where i was paid 400 for the first year monthly then 197 every year since, then 6000 in lawyers fee’s. then more taxes? will i even see a dime in back pay. being forced to repay dshs all the money is killing me!!! Am I wrong about this washington state law. Does dshs really take every last dime back?

    • Kay Derochie says:

      Dear Jason,

      Social Security Disability back pay will begin to accrue the later of twelve months before you applied or the sixth full calendar month after the date that Social Security says there is evidence of your being disabled, which could be in 2008 or any point later that there first was supporting medical information. Supplemental Security Income (SSI) benefits start the later of the month following the date you applied or the month following the disability onset date Social Security determines. Social Security back pay will be reduced by SSI back pay for the same period (even it it is used to repay the state) because you cannot receive duplicate benefits for the same period.
      (The DHSH office can provide more specific information.) The assistance was a loan you promised to repay if you got disability benefits from another source. The money going back into the state coffers will then be available to help another disabled person who is waiting for a Social Security decision.

      Sincerely,

      Kay

  229. Virginia says:

    Hi Kay, my lawyer filed a request for a hearing in June 6, 2013. I still havent heard anything about my hearing date. What do I need to do?

    • Kay Derochie says:

      Dear Virginia,

      It can take a year or more to get a hearing date. In the meantime, update your attorney with any new information about your claim, such as new medical providers, new testing, or new diagnoses. If you work also or change your address or phone number, also let the attorney know.

      Sincerely,

      Kay

  230. Jalen says:

    Hello,
    My mother has been receiving disability since 2005. She didnt know that her children could also receive a check because of her disability. I have put in a claim and scheduled a appt for the following month. How much back pay should i be receiving back

    • Kay Derochie says:

      Dear Jalen,

      If you are eligible for Social Security dependent benefits, your benefits will start at least twelve months before you began your application. You can request that benefits go back to the month and year your mother’s benefits began. If you and she can prove that she had no way of knowing she needed to apply for you and she listed you on her disability application, it is possible that payments could be paid farther back than twelve months. If she didn’t list you or there is no record of communication asking her to apply, then maybe benefits would begin earlier. This review is likely to take quite a long time.

      Sincerely,

      Kay

  231. Kratos says:

    Dear Kay,

    First off, you’re pro at this disability business. All the previous comments and replies have been very helpful. I just got approved for disability and I have a few questions:

    1. My disability’s treatment knocks me out every other week. I feel like I could work for like 5 hours every week, however; I don’t want to lose my SSDI. Can I work at all during my 5 month waiting period without losing SSDI or is it in my best interest to wait it out?

    2. So yeah, I was one semester away from graduating from college before this disability business hit me. I am currently making up my incompletes from last semester and took this winter semester off. I wanted to try to return to college to finish my degree next fall by working with my professors to accommodate my disability. Does my education have any effect on SSDI?

    3. Finally, I don’t understand when I would stop receiving my SSDI payments once they begin. Right now, I imagine some big government dude comes to my house every month to make sure I’m still disabled. How often is my disability reviewed and how?

    Thanks for any feedback!

    • Kay Derochie says:

      Dear Kratos,

      If you work in the first twelve months after you became disabled and earn $1,070 gross wages or net self-employment, your claim could be reopened and denied. One exception could be if you tried to work and, due to your disability, had to stop again three to six months or less after you started.

      My following remarks are based on an assumption that you are under age fifty. Attending college in and of itself will not affect your benefits. If the degree you obtain qualifies you to work in an occupation for which you were not previously qualified and you have the physical capacity to perform it, your benefits could stop because you would no longer be considered disabled. Keep in mind that is a lot of “ifs,” and I personally wouldn’t let it keep you from completing your education, which could be very valuable should you health improve.

      Social Security Disability will stop when you are no longer disabled. This would occur if your health improved enough that you could work. It would also occur if, despite your health, you worked for longer than a nine-month trial work period. In this circumstance, your benefits would only be suspended for a length of time called an Extended Period of Disability. This work incentive allows you to try to work, but if you have to stop again due to the same health condition you do not have to file a new claim. Social Security has many work incentive provisions, which you can learn about by going to http://www.socialsecurity.gov and searching for “Red Book.” There is also a summary article about work incentives under the “Approved” tab of DisabilityAdvisor.com

      Your approval letter should have a paragraph that tells you when your claim will next undergo a medical review initiated by Social Security. Common review periods are one year, three years, five years and seven years. The length of time before a scheduled review is based on the likelihood of your recovering medically and how soon.

      Sincerely,

      Kay

  232. Candace says:

    I the representative payee for my son who gets SSI. I needing his back pay now before we get evicted and lose our only vehicle. How do I go about getting his back pay sooner?

    • Kay Derochie says:

      Dear Candace,

      I suggest that you go to your Social Security office and take the eviction warning or notice if you have one and also any correspondence about possible repossession of your vehicle. Ask whether processing of the back pay could be expedited to avoid eviction and repossession. Also, ask for a letter from the representative that states that back pay is due and a realistic expected date of receipt so that you can show the letter to your landlord and lender. If the back pay is over $2,063, also request release of more than one-third initially to avoid eviction.

      Sincerely,

      Kay

  233. Nancy says:

    Thanks Kay for the information. It does make sense now. Most of my working life I was covered under other pensions(Police, Teacher and PERS). I have enough under social security to get a disability pension but now I see that I didn’t make enough money under social security to have my son qualify. Now why couldn’t they explain this like you did?? Once again Kay, thanks for your your time and quality answers!
    Nancy

  234. Jay Sama says:

    Hi, I applied for SSI benefits May 2013 after being off of SSI for four years in an attempt to work. I applied and waited 10 months for a response. Not only did they deny me benefits based on my assets , they also socked me with an overpayment from the years I did get SSI in the past. Am I eligible to appeal that denial the normal channels as there are two issues here, the overpayment issue and the denial based on assets which I am explaining to them is a misunderstanding on their part. I have been declared disabled. If I appeal could I still get my back benefits up to the May 2013 application date? Thank-you.

    • Kay Derochie says:

      Dear Jay,

      If the reason for the overpayment is the same as the reason for the denial, I would suggest filing one appeal saying that you are appealing the denial and the overpayment from your prior entitlement. Then state the same incorrect understanding of your assets caused both the overpayment and the denial. Then explain why you think they are in error and submit any documentation you have to support your position. On the other hand, if the overpayment was caused by something other than the cause of the denial, file two separate requests for reconsideration.

      Sincerely,

      Kay

  235. Patty says:

    Hello-I have worked and have enough credits. I, however have not worked because of my disability since August of 2009/ I applied for disability benefits November 2013 and was approved. Will there be back pay or retro pay from my last day worked August 2009? Or will they go off the application date?

    • Kay Derochie says:

      Dear Patty,

      If you were approved for Social Security Disability, your benefits will begin to accrue the later of November 2012 or the sixth full-calendar month after the date that Social Security established as your disability onset date.

      Sincerely,

      Kay

  236. casey says:

    hi my fiancé applied for ssi when he was 16 and is now 31. I was wondering if he would receive back pay even if there was no appeal involved, we have a lawyer on the case but I was wondering if there are any answers

    • Kay Derochie says:

      Dear Casey,

      I am assuming from what you wrote that your fiance reapplied for Supplemental Security Income (SSI) and has a current claim pending. My remarks are based on that assumption. It seems unlikely that Social Security would reopen a claim from fifteen years earlier. If he is approved based on a current claim, benefits will probably start the first of the month after his month of his current application.

      Sincerely,

      Kay

  237. Tim says:

    Disability benefits approved in Sept of 2013…with back pay approval also…was originally told back pay would take 3 months after the first disability check received…it is now going into the 5th month after the first disability checked received and still no back pay…I have it set-up to be automatically deposited into checking account…Have called the Social Security Administration Office and all I keep getting is we will check into and still nothing….I am in dire straits and will not even be able to afford propane to keep my home warm (Propane prices just went sky high, and don’t know what I am going to do)…any suggestions on what the hold up is…thanks ahead of time for your help….Tim

    • Kay Derochie says:

      Dear Tim,

      You do not say whether you have been approved for Social Security Disability (SSD) or Supplemental Security Income (SSI). If you were approved for SSD and are waiting for SSD back pay and you have not had a workers compensation claim, I suggest that you call the local Social Security office again and ask them to check to see if your back pay has been held up because the department responsible for releasing it is waiting for SSI information. If you did not have an SSI claim or were denied, getting your back pay may be as simple as the local office letting the payment center know you have no SSI eligibility.

      With regard to heating fuel, you might check with local county social services to find out whether there is any organization in the area that provides energy assistance to pay for some propane for you.

      Sincerely,

      Kay

  238. Rodney Porter says: