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

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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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428 Comments

  1. Sandra Parkerson says:

    How much backpay will i get back

    • Kay Derochie says:

      Dear Sandra,

      The amount of back pay you will receive will be equal to your monthly benefit each month multiplied by the number of months you are eligible for benefits (up thorugh the month prior to payment). As our article says, the first five months of disability are not paid and back benefits are limited to twelve months prior to your date of application. If you had workers’ compensation, SSI eligibility, or certain government pensions, your benefits may be reduced for those offsets.

      Best regards,

      Kay

      • I been waiting for my backpay over 4 months now and I still have’nt recieved none of benefits either they I’m still suspended but then again I recieved a letter saying I am owed money from ssi.. I was in prison so I stopped recieving ssi but a few years later and thats when I got the letter saying I’m owed money from SSI and I will be reinstated for my benifits and its been almost 5 months what is going on here?

        • Kay Derochie says:

          Dear Francisco,

          I suggest that you call the Social Security Administration to find out the reason for the delay and to see if they need anything from you to get payments started now that you are out of prison.

          Sincerely,

          Kay

      • michelle says:

        I am finding after reading all this nonsense of back pay and they do not pay you the first 5 months. I have been awarded in October 2013 but filed in July 2013 and they are now saying that they are holding back 5 months of disability. I have been working for the past 40 years in the healthcare profession. I have saved many lives by rapid response I am now living off an equity loan from my house so I shall not lose it. My union has taken away my benefits going from an active member to a retiree. Is this fair I cannot afford my medications, I cannot afford to pay my bills except for borrowing money. I cannot believe this country how they do not take care of their own first and every foreigner qualifies to get everything from our government. I am an American Born Citizen and i qualify for nothing. Shame on this country and who runs it they could not care less about us. Shame on them. Thank you just needed to vent.

        • Kay Derochie says:

          Dear Michelle,

          All Social Security Disability claims begin payment with the sixth full month of disability. I do not know the reason for this but it has been the law for decades. You may be able to get free medication samples from your physician or free medications temporarily from the pharmaceutical companies that make them. You might also check with local social service agencies to see if you qualify for energy assistance to help with heating bills and/or food stamps.

          Sincerely,

          Kay

          • Cara says:

            I finally won my case and am recieving monthly payments, but i also recieced a letter saying I am entitled to 11000 in back pay and that 3 grand is going to my lawyer. But then SSI said i had to do a PERC interview… and supposedly im eligible for some SSI but somene at social security said then my other back pay may be less if im awarded SSI payments and backpay. Its stupid.
            I just want my left over 8 grand from DIB in one lump sum. If they dont give that to me am i allowed to fight the decision? They shouldnt send out letters and not honor them. Especially after spending a long time fighting for benefits cause you cant work. And then from one department to thebnext, no one is connected or knows whats going on. Its a poorly organized system and for technology being the way it is these days, you think theyd be able to organize things better.
            Also, I checked my online account as SSA.GOV and it said i had a one time payment of 2 grand and that was on the 11th of this month! but its the 13th and there is no such money in my account. Its confusing and tiresome and emotional. We have to live too. They shouldnt play with our money.
            I dont understand

          • Kay Derochie says:

            Dear Cara,

            You have the right to withdraw your Supplemental Security Income (SSI) application, but you would have to return the SSI payments that have been made including the payment authorized on the 11th, which will probably reach you today or tomorrow. You should also be aware that it will take longer to get your Social Security back pay than the SSI back pay because the payment center, not the local office, authorizes it. Additionally, if you applied within the first five months of your disability, you could be losing money over all because Social Security Disability (SSDI) does not pay benefits for the first five full calendar months of disability.

            Sincerely,
            Kay

        • Alex says:

          for your information foreigners cant apply for any of the government assistance programs you have to be a US citizen to apply so dont blame every thing on the hard working foreignor who is paying for what your getting and keeping this country runing

          • Kay Derochie says:

            Dear Alex,

            It is true that some benefits and assistance are not available to some non-citizens. For example, Supplemental Security Income (SSI) is available to only non-citizens who have a specified alien status.

            Sincerely,

            Kay

          • Cara says:

            SSI is available to Citizens. Im a citizen. and im about to be awarded it for some weird reason. which supposedly affects my SSD and DIB

        • Angie says:

          Dear Michelle,
          I am right there w you only mine has been a 7-year battle & I’ve been so sick w lupus I was either in the hospital, at home in bed or should’ve been admitted somewhere but we couldn’t afford it!!
          I worked for 15 years as a pharmacist, paid 60k to go to school (which is now 90k bc it’s been on hold for 7 yrs) and my husb has barely kept our children & me above water. We’ve been near bankruptcy more times than I can count but he would lose HIS Job if we did bc he is a finance PhD & would never find a job if he ever claimed bankrupsy. Thus, we have been living on the edge for 7 years. SSI denied me three times. I was too ill to fight Back & the 3rd I got an attorney & JUST WON MY CASE IN FEDERAL COURT – thank God.
          We learned to live on nothing, lived in a runned-down house in an iffy neighborhood.
          We’ve endured all the embarrassment! Imagine being a pharmacist but being too sick AND too poor to pay for your meds! Yes, that happened to me. It’s hard to go From total respect to absolutely none (we had to move states as my husb is a professor & he needed a job to pay more, so we wouldn’t go “belly up” as they say!
          So .. Believe me, it can get worse. I don’t want it to go THAT far w you. We basically lost everything except each other which CANNOT BE REPLACED!
          It has been a hard lesson in humility and inner strength! I’ve praying & meditated every day.
          Ps. Thank god for my “companion animal” – a cat that THINKS she’s a dog & doesn’t leave my side except when I’m asleep!
          Hang in there! Ang

        • TEDDY333 says:

          Forget the back pay I have not received my back pay of $39000.00 has been 5 mos now since adminastrive judge awarded my case

          • Kay Derochie says:

            Dear Teddy,

            I suggest that you contact your congressional representative for assistance.

            Sincerely,

            Kay

      • Angie says:

        Dear Kay,
        I cannot find ANYWHERE if the amount the Disabled person receives includes the dependents (the family max, or FMAX)! This is so confusing, all of it!
        Do YOU know if your benefit is max – I believe it is 2600 for 2014, does that INCLUDE whatever dependents are awarded? Bc if it does, what’s the point of even “pretending” to pay for dependents?
        Do you understand my question?
        I’ve just been approved after 8 year battle (I had to go to court w attorney & I suspect that’s the ONLY way that one can win approval – by HAVING an attorney.
        Good for attorneys; not so good for the ppl that have had no money for mos or YEARS such as my family.
        Judge said some cases they cannot tell “how sick” one may be by looking at chart but then they really SEE it when person goes in for a Hearing.
        But he said that goes BOTH ways too which could be frustrating but he sure knew what questions to ask. It’s as if a very ill person wrote the questions, knowing intimately what it means to be truly disabled!
        And that benefitted me by a LONG-SHOT bc I appear ill… because I AM ill…sadly for my husb & kids.
        Do they do backpay for dependents too? I’m sure it’s that MAX amount just like FMAX.
        Thank you for your time! I should’ve chose YOU as my attorney but I didn’t know HOW to find a good attorney so I looked up my Disease (s) on google & a law firm came up that said they knew my condition though it was really just bouncing me around bc their firm became too big & thus, I think if I were represented by ANYONE I would’ve won!

        • Kay Derochie says:

          Dear Angie,

          The family maximum benefit is the maximum amount per month that can be paid to you and your dependents. The maximum each individual dependent can receive is and amount equal to 50% of your benefit. Here’s an example, if your family maximum was $2,600 and your benefit was $1,500, a maximum of $1,100 could be paid out to the children at a rate of 50% or less per child. If you had two children in this example, $1,100 would be paid ($550 each). If you had only one child $750 would be paid.

          Sincerely,

          Kay

          • Claudine Bate says:

            I ended up having to hire an attorney. We just went through our hearing process. Keep your fingers crossed. Anyways, both my attorneyand Social Security confirmed I will receive monthly payments for each child under the age of 18. We will receive back pay for the children (minus the 5 months wait period). THe childrens monthly pay is appx. 1/2 of what your monthly disability payment is.

          • Kay Derochie says:

            Did you have a question, Claudine?

      • CJ says:

        Kay i won my social security through the grace of the lord and great lawyer but am now confused… the letter says i became disabliitied march 2013 and says how much my past due benefits are from march 2013 to march 2014

        but on the last page it says why we cannot pay past benefits and says the number is 0?

        confused……… again….. always its horrible

        • Kay Derochie says:

          Dear Craig,

          It sounds as if the letter has a mistake in it, especially if there is no “key” on the bottom or back of the letter that explains reason 0 in an understandable fashion. I suggest that you talk with your attorney and ask him to get clarification.

          Sincerely,

          Kay

          • Jakki Hall says:

            Kay, I too was recently awarded “Fully Approved” as of May 6, 2014. EOD is March 13, 2010. Set and approved by them, based on last gainful employment. Application date April 2012. (First application was denied May 2011). My question is, do I qualify for both Retroactive and Backpay? My research says they are different. I haven’t received Award Letter yet. Just Approval Letter

          • Kay Derochie says:

            Dear Jakki,

            “Back” pay is the same as retroactive pay. Both refer to pay that is due to you for months before payment actually begins. Based on the dates you gave me, if you were approved for Social Security Disability (SSD), SSD benefits will begin to accrue April 2011. If you were approved for Supplemental Security Income (SSI), SSI payments will begin to accrue May 2012.

            Sincerely,

            Kay

      • Jenifer says:

        Hi!!
        I was approved on 091014 for ssi and ssdi. I applied online on 03172014 had my telephone interview on 04012014. My on set date is 08012010 also approved for that date. I was advised by the ss national customer service that someone will contact me from ssa office. I’ve called there left messages with my rep. No communication from them. I was wondering will I receive back pay for ssdi and for ssi? Thank you. I appreciate your time.

        • Kay Derochie says:

          Dear Jennifer,

          You will be contacted for a financial update interview for your Supplemental Security Income (SSI) claim. The SSI will likely be calculated and paid first. Your Social Security Disability (SSDI) back pay will be reduced by SSI back benefits that are paid for the same period.

          Sincerely,
          Kay

      • William Saunders says:

        Will I get back pay for my wife and two children is my question ?

        • Kay Derochie says:

          Dear William,

          If you were approved for Social Security Disability (SSDI) and your family maximum benefit is more than your primary disability benefit and you listed your children on your application, your children will receive benefits back to the same month that your benefits start to accrue. If you listed your wife on your application and your wife is either age sixty-two or older or has a child of yours who is under age sixteen in her care and her earnings are not too high, the same applies to her. There is currently a one dollar reduction in annual benefits for each two dollars a spouse earns above $15,480 gross a year. You can find out the amount of your family maximum by calling Social Security at 1-800-772-1213.

          Sincerely,
          Kay

          Sincerely,
          Kay

    • Dequon Taylor says:

      If I received ssdi benefits and ssi
      benefits does my ssi benefits increases?

      • Kay Derochie says:

        Dear Dequon,

        Apologies for the delayed response. Our site has had a software problem, which is now resolved.

        If you have been receiving Supplemental Security Income (SSI) and start to receive Social Security Disability (SSDI), your SSI benefit will be reduced or terminated. If you have been receiving SSDI and apply for SSI and are approved, you will receive an amount of SSI to supplement your Social Security. The amount will depend on the amount of SSD and other income you (and your spouse if you are married) have.

        Sincerely,

        Kay

        • keshia says:

          dear kay my son sign up for ssi in now we waiting on a hearing in it been 12 months in still havnt heard from them. why takin so long for him to get one?

          • Kay Derochie says:

            Dear Keshia,

            It is not uncommon to wait a year or longer for a hearing date.

            Sincerely,

            Kay

    • Ashley says:

      I’ve just went to my hearing for ssI, how long will it be before I hear something?

      • Kay Derochie says:

        Dear Ashley,

        The guidelines for a hearing decision are sixty days, but it often takes longer.

        Sincerely,

        Kay

        • Jose says:

          Hi. I Been on workers comp for 13 months already can I apply for social security too

          • Kay Derochie says:

            Dear Jose,

            Yes, you can apply for Social Security Disability while receiving worker’s compensation. If you are eligible for both benefits, you can receive up to 80% of your average current earnings between the two benefits. Social Security uses different formulas to calculate your average current earnings. Which formula is used depends on your specific circumstances. If you are approved you can contact Social Security for information about how your average current earnings were calculated.

            Sincerely,

            Kay

    • patrick co says:

      I just got appoved for ssi how long ittake to get my money

      • Kay Derochie says:

        Dear Patrick,

        It can take from a couple weeks to a couple months or more for benefits to start depending on how quickly you can provide the financial documentation needed to calculate your benefit and the workload in your Social Security office. If you were approved by a judge, you can take the letter to your Social Security office and ask what is needed to complete work on the claim and what if anything you need to provide.

        Sincerely,

        Kay

  2. Tyler Holt says:

    My brother was recently approved for disability. The original year filed was 2005. The judge ruled that he would receive the back pay from that time. However, he received a letter saying that new laws only allow one year of back pay. I have searched and found no information stating this law. Any advice?
    Thanks

    • Kay Derochie says:

      Dear Tyler,

      It is true that the maximum back pay is for twelve months prior to the month of application (this has been the law for a long time), but there are several possible scenarios that could apply, so I can’t predict the period for which your brother will be paid.

      If your brother filed an application in 2005 and is just now being approved eight years later, then he would be eligible for benefits back to 2005. If he filed an application more recently, claiming that he became disabled in 2005, and the judge found him disabled beginning in 2005, he still would be paid only back to twelve months before the application. I suggest that he look at his records or the judge’s notice of approved claim. It will list the date of the application being approved.

      Regards,
      Kay

  3. Tyler Holt says:

    Thank you. The judges ruling was that he would receive back pay from 2005 but then he got a letter stating that he would only get 1 year worth of back pay. I will share this information with him. Your help is much appreciated.
    Thank you
    Tyler

    • Kay Derochie says:

      Dear Tyler,

      If your brother had an attorney represent him, the attorney should be able to sort out the problem. I am wondering if the letter is saying that the money will be paid in installments. If that is not the case, I wonder if your brother filed a second concurrent claim and the claim for which he was told he would receive only one year retroactive pay is not the claim that was addressed in court.

      Good luck and let us know how it turned out.

      Kay

  4. Curtis W says:

    My wife was recently approverd for ssdi in 2013 she
    applied in 1997 but was denied for same health issue will the 12 month max back pay apply or will they go back to 1997 as her EOD?

    • Kay Derochie says:

      Dear Curtis,

      In all likelihood your wife’s benefits will go back twelve months from the date of her most recent application. She may have been approved now for the same condition because her condition has worsened. (The only way her benefits could go back to the original application would be if a law judge approved her claim on appeal and found that she had actually disabled continuously since the first application. Given the amount of time that has passed that situation seems very unlikely.)

      Kay

      • robin says:

        I have a 15 year old son he has a learning disability n I applied for benefits in 2005 n was denied n now has recently applied again if spproved will he receive back pay

        • Kay Derochie says:

          Dear Robin.

          If approved for SSI disability, your son will receive back pay to the date of his most recent application, but not back to 2005.

          Kay

      • Adam says:

        That is not true. There is no law on how many months your back pay will be. It is set by the judge that oversees your case. They can go back to the date of your application filing date to the present and you will get paid for all of it. I am getting back pay for 5 years of ssdi.

        • Kay Derochie says:

          Dear Adam,

          I believe that you misunderstood what I was saying. It is correct that the judge determines your disability date, but there is a limit on retroactive pay before the date of application, even if the disability date is several years back. Payment begins that later of the sixth full calendar month of disability or twelve months before the date of the application.

          Sincerely,

          Kay

          Sincerely,

          Kay

  5. Victoria says:

    Hi! I have a question. My husband will be going to an ALJ hearing soon. My question is also regarding back pay. His date of disability is December 2009. He first applied in 2010. Using the benefit calculator his estimated monthly disability benefit would be around $785. Since he applied so quickly after he was disabled i know there is no back pay in between the disability date and application, especially with the six month waiting period. Im wondering more about the time period in between the first application date and the hearing date? Also, do they take the monthly amount and just multiply that by as many months as have passed? thank you in advance for your time.

    • Kay Derochie says:

      Dear Victoria,

      You are right about the waiting period not being paid; however, if the ALJ finds that your husband became disabled in December 2009, then all months beginning with June 2010 will be paid. The back pay is calculated by multiplying your husband’s monthly benefit times the number of elapsed months between June 2010 and when he is paid–plus any cost-of-living adjustments (increases). If he received worker’s compensation for the same period as Social Security is due or he has a government disability pension from employment that was subject to Social Security taxes, then his Primary Insurance Amount (approximately $785, by your report) would be reduced so that the worker’s comp or government pension and his Social Security did not exceed 80% of his average earnings.)

      Sincerely,

      Kay

  6. Sheri Carnaghi says:

    Hi, I applied for disability 9/07 and finally after several appeals was approved on 4/1/13. My disability date was 7/14/07. I also in the meantime lost my husband , and started collecting survivor’s benefits because we have a disabled adult child in my car. (I know confusing right) MY question is, I got my back pay recently, and it seems to be about $5,000 less than my calculations. I figured in the 5 month waiting period, and stopped counting months once I started to receive survivors benefits and came up with 40 months X 743.00= 29,720 – 6000.00 for the attorney = 23,720 right? Why is my pack bay only 18,174.00?? I don’t get it and of course I have receive NO awards letter thus far explaining ANYTHING uggh!!

    • Kay Derochie says:

      Dear Sheri,

      I can’t explain the calculation. It may be correct, but I certainly support you in finding out exactly how the back pay was calculated so that you can assess whether it is in fact correct. If you have not gotten an explanatory award letter in two weeks, I suggest following up with the Social Security Administration.

      Sincerely,

      Kay

    • Jolene Adams says:

      Hello, I was going you could fill me in a little more on your case, I also first applied in 07, was denied, then in 2011 was denied but received a letter stating they are aware I was disabled at that time but for seen stability in my future, I’m wanting to try again but worried I’m bogusly going to be denied again..

      • Kay Derochie says:

        Dear Jolene,

        Our site is not principally set up for chat between visitors. Sheri may or may not respond to you.

        Sincerely,

        Kay

  7. Sheri Carnaghi says:

    Thank you Kay for your quick response. Have you ever heard of them shorting other folks? I’m just curious of it happens or not. Thanks again!

    • Kay Derochie says:

      Dear Sheri,

      No, I have never heard of the Social Security Administration intentionally shorting anyone’s benefits. Errors can be made; however, at this point it is not certain that an error has been made in your calculation. Hopefully you will soon have an explanatory letter, so that you can review to see if you need to appeal the calculation. If you had an attorney, perhaps the attorney will be able to assist you if you need help.

      Best regards,

      Kay

  8. elizabeth says:

    Hi. I won my s.s .I case but I feel as if they are wrong.first they sent me a letter saying the amount then two weeks later saying it was now at much lower amount.they are saying my kids income of child servers. Benifits is being counting as my countable income.is this right.?o. Top of that they paid my laser out of the first amount which was about 10;000 more. So does that mean they paid him to much because say 33% of say seven thousand. Is a lot lower then 33%of 6000. He did a great job so I do not want to ask hi
    But they are the ones who paid hi
    Out of the first calcareous

  9. elizabeth says:

    IAM sorry its hard for me to write.OK so I won my s.s.I case they sent me alerter saying my back pay was this amount two weeks latter I got a new letter saying my new BAck amount. Which is a lot less they said they are useing my children’s. Child server. Benafits as my countable in come. Is this right can they use my minor kids income. Yes its what wad used to pay my bills. They also huwrote we already paid your lawyer.but wouldn’t his amount be a lot lower if the percent was taken from the higher amount of money.I don’t want to ask him he did a really good job.but I feel that it should. Be up to socail sercety. To fix what they over payed him .IAM confused. If he gets paid 33 percent then 33percent of say 17000 would be a lot less then 33% of 6758 .

    • Kay Derochie says:

      Dear Elizabeth,

      You pose multiple questions:

      First, regarding attorney fees: The maximum attorney fee authorized by the Social Security Administration (SSA) is the lesser of 25% of back pay or $6,000 for your Social Security back pay AND the lesser of $6,000 or 25% of your SSI back pay. Additionally, if your agreement with your attorney says that he is representing both you and your dependents (everyone paid on your record), then a fee of the lesser of 25% or $6,000 of your children’s back pay will be withheld and paid to the attorney. If you still have your copy of the attorney representation agreement you can check to see if you signed to have your attorney represent your children (dependents) as well. If you don’t have a copy, the secretary in your attorney’s office should be able to give you a copy.

      You mention your award being reduced by your children’s survivor benefits. If your children were already getting Social Security from a deceased parent’s Social Security record, then the total amount of money they can receive from both their deceased parent’s and your Social Security records is based on a Combined Family Maximum. The total will be more than they were getting on the deceased person’s record, but the increase usually will be less than what they if they had been entitled on your record alone.

      If your attorney was paid and then your and/or your children’s retroactive benefits were recalculated and reduced, he may have been compensated incorrectly. Figure 25% or your final gross back pay (your total gross back pay x .25) and 25% of your children’s back pay, if you signed for him to represent everyone paid on your record (and 25% of your SSI back pay if you got SSI). Then reduce each amount to $6,000 if the 25% figures are over $6,000. This will tell you how much should have been paid (Do get help if you need it from friend or family member who is good with numbers or from the Social Security Administration to be sure the fee was calculated correctly.)

      If an error has been made, it is correct that Social Security needs to collect the overpayment from the attorney and pay it you. However, you might also consider contacting your attorney to let him know that your back pay was changed after he was paid and that you think Social Security may have paid him the wrong amount. (You can always start out with telling him how much you appreciate him and how grateful you are for his work before you discuss the possible error.)

      Please note that the information that I am giving you is based on the general rules about attorney fees and combined family maximums. You will need to seek more information to be sure of what your situation is.

      It is important for you to understand your and your children’s benefit amounts and attorney fees. If possible, I suggest going to a Social Security office with all the letters you have received. If that is not possible, then, I suggest calling the Social Security hotline (800) 772-1213, choose “other” from the automated menu, and then ask to speak to a supervisor explaining that you have gotten a clear explanation when talking with the service representative in your previous calls.

      I hope this is helpful.

      Best regards,

      Kay

      • Patricia says:

        In reading your response regarding payment of attorney fees i noticed that you responded that attorneys fee are 25% off title 2 and 25% of title 16? Our office has never received payment under both titles for above the max of 6000.00? so as a practitioner i am confused.Also we have many claimants who have been paid back due benefits with auxillary benefits due. Again we have never been paid more that 25% or a max of 6000 for the combined awards. I have not found any information in POMS where a representative can be paid more than 25%/6000. Where are you seeing this information?Thanks

        • Kay Derochie says:

          Dear Patricia,

          You are correct. I was careless in what I wrote. It is correct that attorney fees can be withheld from Title II primary and dependent benefits and from Title VI benefits, but the limit is currently $6,000 for all.

          Sincerely,

          Kay

  10. Sheri Carnaghi says:

    Update on my back pay question. I still have not received my letter explaining everything. BUT, I did talk to someone at the local SS office. She said sometimes SS holds back some money even though the attorney has been paid already. In case he petitions for more fees. Ever heard of that before?

    • Kay Derochie says:

      Dear Sheri,

      I have heard of attorneys petitioning for additional fees, but it is very rare. I suggest calling your attorney to inquire whether, by chance, he has received a copy of a letter that shows how benefits were calculated. You might also ask if he has received his full attorney fee yet. If he says yes, then he likely is not petitioning for more, but you could ask him that directly.

      I would also say that if you do not have an explanation of the calculation of your back benefits within three or four weeks that you talk with a supervisor in your local office to see if you can get the straight scoop on whether the payment center is working on sending you an explanatory letter or whether the office has to make a special request.

      Sincerely,

      Kay

  11. veronica says:

    can you please help me I have been getting SSDI for three months now but still have not received any of my back pay. I been homeless for a year and a half living place to place. I call the local office to see if I could get any of my money so that I would have rent deposite and get furniture and food . they said because Im already receiving my check they cant help. I don’t have a lawyer, and didn’t have a problem getting approved. have not received any SSI or Workmen Comp. They did tell me that they just received paperwork releasing me from ssi. And they always just say oh I think it will be a couple more weeks ,is there anyway I can find out what is holding this up so I can get my life back together. Thank You Veronica

    • Kay Derochie says:

      Dear Veronica,

      I am not sure, but I think that when the Social Security Administration (SSA) said they couldn’t help because you were already getting a check is was because of the partial government shutdown. Some federal employees have been furloughed (sent home without pay). This means that SSA (and other federal agencies) had to choose to do some kinds of work and not others. It sounds as if the remaining staff in your Social Security office is working on processing claims for people who are not yet approved or not yet paid, but doesn’t have staff to work on back pay releases or that the back-pay work gets done after the other. That said, “they just received paperwork releasing you from SSI” probably means that they are getting closer to getting the check out once they have the manpower.

      Best regards,

      Kay

  12. Maria says:

    I applied in July of 2012 & was denied in Nov my disability date was last week in June, I had my appeal 1st week in Oct which seemed positive. How do I calculate my benefits also how much do you recieve for a minor is in fact half of your amount because i was told i will get 1300 for myself at my initial interview

    • Kay Derochie says:

      Dear Maria,

      If you are approved, your retroactive benefit would be for all months from December 2012 through the month before benefits are paid. For example,If your claim is approved and processing is completed in November 2013, your back pay would be approximately $1300 x 12 months. Your minor child or children can receive a total of half of your benefit, so your child’s (or children’s)benefit would be approximately $650 x 12 months.

      Sincerely,

      Kay

  13. Mitchell says:

    My son recently go approved for disability. We applied in 2011 and was denied, however we appealed, went to court in June 2013 and got approved. We are being told that he is only declared disabled from Jan 2013 to recent. Why is this and how are children’s benefits calculated?

    • Kay Derochie says:

      Dear Mitchell,

      Please clarify you son’s age and whether he applied only for Supplemental Security Income (SSI) or, if he is age 18 or over, also for Social Security Disability (SSD).

      Thank you.

      Kay

      • Mitchell says:

        My son is 3 & we applied for SSD.

        • Kay Derochie says:

          Dear Mitchell,

          Thank you for the additional information

          I would say that your son was found to be disabled in January 2013 because that was the first point in time that there was sufficient information to show that he met the definition of disability for children. (The criteria for assessing childhood disability is somewhat different for an infant, a toddler, and an older children.

          His benefit will be determined based on his income (if he has any) and the income of parents living in the same household with him, and the number of dependents his parents’ income is supporting. If you have not been contacted already, you will soon be contacted by Social Security to provide more detailed and updated information about family finances from January 2013 to present.

          Sincerely,

          Kay

          • Mitchell says:

            I turned in all of my paystubs for this year & my husband’s income letter a week ago (10-9-13), approximately how long does it take for them to complete the paper work? Also how long does it take to receive the debit card issued by SS?

          • Kay Derochie says:

            Dear Mitchell,

            It could take anywhere between a week or a month. (Right now Social Security is likely trying to catch up on work not taken care of during the government shutdown, which was just lifted.) If you requested a DirectExpress card when you turned in the information, they will trigger the release of the card from the Treasury Department when your payment is set up.

            Sincerely,

            Kay

          • Mitchell says:

            I know I have asked so many questions, however, I do have one more. I did request a DirectExpress card, will my son’s back pay get deposited on this card or will I have to open a separate account for his back pay due to him being a minor?

          • Kay Derochie says:

            Dear Mitchell,

            If you are representative payee for your son, then his payment will probably be made to your DirectExpress card. If someone else is payee, then payment will go to a direct deposit or separate card.

            Kay

  14. Miki says:

    I became disabled in September, 2011. My first step was denied. I then appealed for Reconsideration, which was also denied. In December, 2012 I filed a request for a hearing, and have been told the “typical” waiting period to be scheduled for a hearing is 8.5 months. I have retained an attorney, and she says she’s never had a client whose request for a hearing has taken so long. Is there anything she should be doing to expedite my appeal?

    • Kay Derochie says:

      Dear Miki,

      I do not believe that there is anything you can do to speed up your hearing date. Although it is not in your particular attorney’s past experience, it is not uncommon to wait a year or more for a hearing. Typically, you are informed of the date only about three weeks in advance of the hearing.

      Best regards,

      Kay

    • Leisa says:

      Hi Miki,

      my husband also applied for disability on Nov 8, 2011. We got a letter back in Feb 2013 that his hearing was scheduled for Oct 17, 2013, however, they called the day before and he didn’t have to go, and believe it or not 2 yrs to the day, TODAY, we got the letter that he is APPROVED. But anyway, it can take a long time for you to get that actual hearing date. Good luck to you.

  15. Bren says:

    Hi I would like to know how do ssi determine how much the disability lawyer recieve from your backpay? Does it depend on the amount you recieve in back pay?

    • Kay Derochie says:

      Dear Bren,

      Unless your attorney voluntarily charges less, your attorney will be paid 25% of your SSI back pay or $6,000, whichever is less. If you are eligible for Social Security Disability (SSD) also, 25% or $6,000 will also be withheld from that benefit.

      Sincerely,

      Kay

  16. Paul Schwarz says:

    Hello. I am a Navy veteran and back in Feb. of 2001 I became disabled and went on California state disability and also applied for SSDI at the same time, in which I was denied. That was the last time I worked due to my disabilities. In Sept of 2003 the Veteran Affairs awarded me 100% total and permanent disability compensation. Until recently I was unaware that I also qualified for SSDI along with my VA compensation, so this past July 2013 I filed for SSDI benefits once again. My Question is how and what causes the SSA to award individuals retro pay and do certain cases qualify for more than 12 months, such as my case where its been almost 10 years. It seemed to me that the SSA agent was making it seem as if I may be entitled to this period of retro pay because of the evidence of my disabilities through the VA. Am I just getting my hopes up here or do I have a legitimate case since I first filed for SSDI back in 2001. Any answer to make this clearer would be greatly appreciated. Thank you. -Paul S. US Navy BT3

    • Kay Derochie says:

      Dear Paul,

      I can only tell you about what is usually the case. Usually, Social Security Disability benefits beginning no more than twelve months prior to the date of the current application. There have been some cases in which an Administrative Law Judge in a hearings level appeal has reopened prior denied applications if evidence has been submitted that shows the prior denial was an error. This is quite rare, but has happened. I don’t know if a reopening has ever gone back as far as twelve years, though it is doubtful. Just a note: To be approved on your current application you have to have been insured on the date you are found disabled. If you last worked in February 2001, you were last insured in January 2006.

      To answer your questions regarding your chances of approval, it is hard to say because each benefit program has its own definition of disability and rules on how to evaluate claims. It could be that you are eligible for VA comp, but not for SSDI. On the other hand, perhaps your condition worsened between 2001 and January 2006 and you now meet the SSDI requirements.

      Sincerely,

      Kay

  17. Robby says:

    I have been declared disabled and do not receive a check at all. I’ve been told that I did not pay in at least twenty of the last forty quarters(5 of the last 10 years) so I’m not eligible. Is this true? Also it took me four years and ten months to be declared disabled.

    • Kay Derochie says:

      Dear Robby,

      It is true that, if you are over age thirty-one, you have to have worked enough in the ten years immediately before you became disabled to be insured for disability under the Social Security program. Specifically, you must have earned twenty work credits of the forty possible in that period of time. Even though you are not insured for disability, you may have enough work to receive retirement benefits when you reach retirement age. If you applied for SSI (Supplemental Security Income) at the same time and have income and assets below the required level, your medical approval may allow you to receive SSI.

      I would also suggest that you request a copy of your earnings record, which you can do online or by calling 1-800-772-1213, and compare it you your tax return records for the ten years before you became disabled to be sure that Social Security has all your work on record. If they do not, you can appeal by giving them a copy of your documentation of any missing work.

      Best regards,

      Kay

  18. Scott says:

    If you are denied ssi & don’t appeal or lose the appeal do you still get back pay Thanks.

    • Kay Derochie says:

      Dear Scott,

      You have to be approved for benefits either on an initial claim or an appeal to receive any back pay. Sometimes people are approved only for closed periods of disability, that is, only for a time period in the past, because they have recovered. Then all they get is back pay.

      Sincerely,

      Kay

  19. Robby says:

    Thank you. I filed for disability in May of 2007 after my third heart attack. At that time I had worked enough credits, but because it took nearly five years to be declared I did not qualify in February of 2012 when I was finally declared disabled. I don’t know why they decided I was disabled in February and not before. I had two more heart attacks(4th in July 2009 and 5th in April 2011), a triple bypass(April 2011) and then another (6th heart attack in July 2011). Also I am 41 years old.

    • Kay Derochie says:

      Dear Robby,

      If you are still in the 60-day appeals period, you can appeal the date that Social Security found you to be disabled. In your appeal, you would concentrate on trying to prove that you became disabled while still insured.

      Social Security’s denial letter should have stated the last date you were insured.Take a look to see if that date is correct based on your own records of when you last worked and or last received sick or vacation pay, which would be subject to Social Security taxes and would earn work credits. If you received short-term or disability benefits from your employer, they might also be subject to Social Security tax. Then, gather all your medical records from 2007 through February 2012 for your appeal and write out a history of your health and limitations for the whole period before they found you disabled. Be sure to list all your medical conditions, not just your cardiac conditions.

      You may need some help in presenting your information to Social Security in the best way. You can discuss your claim and hire a Social Security Disability attorney by calling Disability Advisor at 1-888-393-1010. 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.

      Best regards,

      Kay

  20. Tina says:

    I have applied for my Daughter who was diagnosed with Autism in 2008. I did not apply for her when I should have because I was receiving SSA and was sent a letter that my Children were not eligible for auxillary payments on my record. I later found out that I could have applied for my Daughter for SSI from her Social Worker. I applied for her in August of this year and after they received all of her medical records and IEP’s, I have been sent a letter to come into my Branch office and bring in any assets that myself or Daughter may have. I have nothing to date other than my monthly benefit amount that I receive. I called the Social Security Rep. and she said that my Daughter had been approved and to come into the office to fill out paperwork. I was not told what amount she has been approved for however, I have been reading that it is usually based on the Parents income and I am wondering is it 40% based the same as an auxillary payment for dependent children or will she be given the full amount? Can you please explain how it works regarding the Children?

    Thank you

    DayWalker

    • Kay Derochie says:

      Dear Tina,

      Your daughter has been approved for Supplemental Security Income (SSI), which is different from Social Security dependents benefits under the Social Security program. Her SSI benefit will be calculated based on her income and assets and, depending on how much income and assets your have,possibly a portion of your income and assets. The payment amount can range from $1 to $710. The representative did not tell you how much your daughter will be receiving because that will be determined after you submit the financial information and documentation that Social Security requested.

      Sincerely,

      Kay

      • Tina says:

        Thank you Kay, I visited my Social Security Office in my District and I did in fact have to answer questions regarding my income and my Daughters’ income, assets,etc. I just wanted people to know that they call if you live with someone else to verify. I was also told that she would be receiving the full amount and back pay from the time I applied for her. I am now waiting for them to process and verify the information that I told them and I was told that it would take a couple of days to receive her benefits. I called back after a couple of days and was told that it would take a couple of weeks due to me coming in at the end of the month. I am now playing the waiting game. Thank you for your assistance and good luck to all who have applied.

        DayWalker

  21. Heather says:

    My niece is recieving ssi. She recieved her first back pay a week before her first check which was in May. They said she would recieve another half in about 6 months. It has been 6 months so do you know when she will recieve the other part.

    • Kay Derochie says:

      Dear Heather,

      It appears that some back payments have been delayed because they were not being issued during the government shutdown. You do not give the exact date of the first back pay, but if it was in May, the second payment would be due in November. If it has been more than two weeks since the six months was up, your niece could contact SSA and ask them to process the payment.

      Best regards,

      Kay

  22. Jamie says:

    I filed for SSI in 2001, got denied then re applied in 2003 got denied, re applied in 2004 got denied again, re applied in 2007 same thing got denied then applied in 2012 got denied and ssi said, they were using my 2004 denial to deny me again in 2012. Now, I am applying again. I am sure I will be denied again so, I have attorney ready for that but he told I would not receive retro pay back to 2001 because I never appealed the decisions. Is this correct? Do I have a chance of getting retroactive payments. I still have the same medical problems but have developed a few more problems since then.

    • Kay Derochie says:

      Dear Jamie,

      Your attorney is correct. If you are approved, you will not receive retroactive pay beyond the date you filed your current claim.

      Sincerely,

      Kay

  23. Rhonda says:

    My exhusband called my son last week and stated he has been approved to recieve benefits unfortunatly I do not know if it is SSD or SSI.( I would assume SSD because he was gainfully employed prior to his injury.) He owes a great deal of back child support to me and informed my son I should be receiving a check soon. Do you know how long it would take to process the payment? I would love to share the money with my children and their families.

    Thank you for your time.

    • Kay Derochie says:

      Dear Rhonda,

      It sounds as if the Social Security Adminstration is withholding part of your ex-husband’s retroactive benefit for back child support. It will be paid out at the same time as your ex-husband’s benefits start. It can take from a week or two to a couple months to get payment started.

      Best regards,

      Kay

  24. Dede says:

    Hello,
    So I applied for SSI for my son in 2006 developmemtal delay/cognitive impairment and he was denied. Applied again in 2013 and he has been approved how does the payment process work if its the same ongoing condition that worsened once denied and now approved?

    • Kay Derochie says:

      Deae Dede,

      Your son’s SSI (Supplemental Security Income) payments will begin with the month in which you applied in 2013.

      Best regards,

      Kay

  25. Debbie says:

    I was found disabled June 1, 2013 have got a letter saying that much. Went on ss site and got info as to how much I am suppose to get in benifits. They start November, does that mean I will not recieve a check til December being they are normally a month behind? Thank you in advance for your time & help.

    • Kay Derochie says:

      Dear Debbie,

      Beause you became disabled on the first of the month (June 1), June counts as the first month of your five-month unpaid waiting period. Your first benefit would be for November and paid in December.

      Sincerely,

      Kay

      • Debbie says:

        Thank you very much for my answer. I have not received my letter that gives me the amount I am to be paid or the break down. I went on web site of SS and it said there if I needed verification letter to click, I did and that’s when I saw I was elgible for SSDI, it also gave an amount. Since I have got a letter stating I have been approved for ssdi medically but not non medically, am I to assume that they put it in my records and just haven’t sent a letter yet? It is very stressful trying to figure this out.

        • Kay Derochie says:

          Dear Debbie,

          I believe that your assessment of the situation is correct. It is likely that set up of your payment in December automatically posted information on the website. The letter should be coming soon in the mail.

          Sincerely,

          Kay

  26. dennis says:

    kay i recieved a check today! before the info letter. im wondering if the check i recieved is all the back pay i should be gettting ?or do they send a couple of back payments to catch up and then start getting your regular monthly payments? the amount seemed low from what i thought i would be recieving due to the work earning statements i recieved when i was still working. the ssi dept pays the attorney ,corrrect?i appreciate all your help !Dennis

    • Kay Derochie says:

      Dear Dennis,

      I am glad you have received your first payment.

      If the check is for Social Security Disability (SSDI) and is for more than a single month, then all the back pay should be included in one payment. If the check is a Supplemental Security Income (SSI) payment and you are due a large amount of back pay, then you will receive the remainder of the back pay in two additional installments six months apart (unless you can show you need all the SSI back pay to be paid at once to meet your basic needs.)

      If you are eligible for both SSI and SSDI, your attorney will be paid a fee for representing you in both your SSDI and SSI claims. This means that 25% of your SSDI pay or $6,000, whichever is less, will be withheld from your Social Security back pay and 25% or $6,000 of your SSI back pay will also be withheld and paid to your attorney.

      Lastly, if your are eligible for both SSDI and SSI for the same months, one benefit will be paid in full and the other will be reduced for that month, so that you do not receive duplicate amounts for the same month. If the check you just got is for Social Security and has had money withheld for SSI offset, you will receive an amount equal to the withheld funds in an SSI payment.

      You should receive your explanatory letter within a week or two. In the meantime, take a look at the face of the check. SSI checks are typically annotated as such.

      Best regards,

      Kay

  27. Leisa says:

    Hi Kay

    My husband received is approval letter today. He applied Nov 8, 2011 he was approved Nov 5, 2013. So does that mean he will get back pay minus the 5 months for all those months? Or as I’ve been reading here only 12 months? Also, since he was approved Nov 5, 2013 (hearing date was Oct 17, 2013) will he get a check in Dec for Nov? Thank you for all your answers on this website, it has been most helpful.

    Leisa

    • Kay Derochie says:

      Dear Leisa,

      I can answer your question better if you can tell me the date that Social Security found he was disabled.

      Thanks,

      Kay

  28. mark says:

    Does ssdi pay backpay just for you or do they include any pay you would of received if your dependants was added for example if ssdi is 800$ and maximum family amount is 1200$ are they going to pay back pay for the 800 or 1200?

    • Kay Derochie says:

      Dear Mark,

      In your example, you would receive $800 a month for all months you are eligible and your dependents would receive a total of $400 per month (regardless of the number of dependents, the amount would be $400) for every month you are eligible.

      Best regards,

      Kay

  29. sean says:

    Hi Kay.I would appreciate a little clarity on a cple things. How is the time of a disability in a child of 10 determined? My son was 10 when I applied for benefits for him on 11/23/11 and is suppose to receive back pay from then to 9/25/13.(How many months of backpay would that technically be?)He has been disabled for years before I applied as the records that were used to prove his case shows,so why wouldn’t he get backpay for the 12 months prior to the application?And how would I appeal the decision to not start the back pay 12mnths prior to the application? Thank you very much for your time and effort?

    • Kay Derochie says:

      Dear Sean,

      Children who receive federal benefits for being disabled receive Supplemental Security Income (SSI) payments. SSI payments are never made for months prior to application. Accordingly, there is no point in appealing. Your son will receive benefits beginning with the month of application and for every month after in which his and his family’s income and assets are below the SSI income and resource limits.

      Best regards,

      Kay

  30. Yvonne Moss says:

    Hi
    I signed up for SSD in September, was awarded in october. I will get a check in December. also May 29 was the last day I worked. I was diagnosed with my illness in July of 2010. My question is Will I get back pay for the time I was diagnosed or will it be just the one check in December?

    • Kay Derochie says:

      Dear Yvonne,

      Your benefits will begin with the month of November (paid in December). You will not have any back pay because disability benefits are intended to partially replace work earnings lost when you become unable to work. You became unable to work in May 2013. The first five full calendar months (June through October are not paid.)

      Sincerely,

      Kay

  31. Melissa says:

    hello i recieved my back payment for my self…for ssdi…i have 7 children. when will my chidren recieve theirs?? im behind on rent and bills.. why havent i gotton my childrens money yet? really worried!!

    • Kay Derochie says:

      Dear Melissa,

      Children’s benefits are always paid a little bit later than the disabled worker’s. Before the children can receive benefits, you will need to present their birth certificates. Also you or your children’s other parent will need to complete papers to be representative payee for the children (receive the children’s payments for them). If these things haven’t happened yet, I suggest recontacting Social Security and asking them when and how you can provide what is needed to get the children paid.

      Sincerely,

      Kay

  32. Melissa says:

    also how much for my children will i get? im receiving 750 for ssdi i have seven children.

    • Kay Derochie says:

      Dear Melissa,

      I suggest that you look at your online record to see how much your family maximum is. Your children (all together) will receive the difference between your family maximum and your benefit.

      Regards,

      Kay

  33. Tracy says:

    Hi I’ve been reading all this I applied in oct 2012 got denied tben got me a lawyer he filed for reconsidiration got denied again now been wait on a court sate since feb 2013 I’m coming up to that yesr mark when should I expect to be getting a court date

    • Kay Derochie says:

      Dear Tracy,

      How long you will have to wait for a court date depends on how many cases are pending from dates before yours and how many judges are available in your area to handle the cases. It is not unusual to have to wait for more than a year.

      Sincerely,

      Kay

      • Tracy says:

        Oh ok thank u feberuary will be that twelve month mark so anytime from February 2014 to aug 2014 n would I get approved or can u still be denied

        • Kay Derochie says:

          Dear Tracy,

          You will not know whether you will be approved or denied until you have had your hearing and the judge has made a decision.

          Sincerely,

          Kay

  34. Tina says:

    Hello Kay,

    I have another question. I received a letter from SSI regarding my
    Daughter being approved and her Back Pay. It said nothing about the
    records regarding Back Pay for Children. Do you keep records of what you spent for children receiving SSI for Back Pay or their Ist payment following? It did however state that they do not count the 1st 9 months and it left me wondering.

    Thank you
    DayWalker

    • Kay Derochie says:

      Dear Tina,

      You need to keep records for all of your daughter’s SSI that you spend, including back pay.

      Your daughter can have $2,000 in countable assets and still be eligible for SSI. The reference to nine months is that the back pay will not count against the SSI resource limit for SSI eligibility. Assets are counted on the first of each month. For example, if she received $3,000 SSI back pay in November 2013 and you saved all but $500 of it and still had $2,500 of it on June 1, 2014, she would not be eligible for SSI because her assets would be above the limit.

      Sincerely,

      Kay

  35. Jeanette says:

    I filed for disability in march 2012. I went to court with my attorney for my hearing Oct 25 2013. I was approved for my disability that day. I received my approval letter from the court November 14. Ur foes not tell me how much I was going to receive or anything. My questions are, how will I find out what I will recieve? When should I start my first month? How much back pay? When will I receive back pay?

    • Kay Derochie says:

      Dear Jeannette,

      The letter from the judge just addresses whether you are disabled and when you became disabled. Check the letter for the date the judge says you became disabled. Benefits will begin to accrue with the 6th full calendar month after that date if the sixth month is more recent than March 2011. If it is earlier than March 2011, then benefits will begin to accrue March 2011. You will receive a second letter that gives you all the financial information. This letter is often received after the first payment, which can take up to sixty days from the date of the judge’s letter.

      Best regards,

      Kay

  36. Dave G. says:

    Kay, I had to quit work in August of 2012 due to my disability. I filed for SSDI on Oct 3rd 2012. I was approved for SSDI on Nov. 24th 2012. I received my first SSDI check March 13th 2013. Am I entitled to any back pay?
    Thanks for your time and Happy Holidays. Dave G.

    • Kay Derochie says:

      Dear Dave,

      Thank you for the holiday greeting. I hope you had a pleasant Thanksgiving.

      You are not eligible for back pay. You became disabled in August 2012. Social Security does not pay the first five full calendar months of disability (September 2012 through January 2013). Therefore, your first month of eligibility was February 2013, which was paid in March 2013. (Social Security is always paid in the month following the month for which it is due.)

      Sincerely,

      Kay

  37. Aaron Leach Sr says:

    Im getting ssi for my son now im spose to get a back payment in dec would b my sixth month now my question is what day of the month will i get that first middle or end of month

    • Kay Derochie says:

      Dear Aaron,

      You refer to SSI (Supplemental Security Income). SSI is paid on the first of the month. However, your comment about “sixth month” seems to indicate that you son’s benefits are Social Security Disability (SSDI). SSDI payments are paid on the lst, 2nd, 3rd, or 4th Wednesday of the month determined by birth date (when in the month the person was born). The award letter will give the payment cycle for your son.

      Sincerely,

      Kay

      • Aaron Leach Sr says:

        No what I’m asking is he is getting his back pay it comes every six months I got first payment on june 17 now how do I find out what day this month I will get the next deposit the 4 th of dec be six months to the day but I have not seen it an i’ve been laid off an need that money

        • Kay Derochie says:

          Dear Aaron,

          Because it has been more than six months, I suggest contacting Social Security to ask whether it is set up for payment and if so when. If you are payee for your son, keep in mind that the money your son receives is for his support. This means for shelter, food, clothing, and medical and other needs. It cannot be used for other purposes. If he is age eighteen or over, then his money can pay his share of the housing costs. If he is under age eighteen, perhaps your reduced income could cause an increase in his payment amount, if he is not now receiving $710.

          Best regards,

          Kay

  38. mary adams says:

    Hello, I applied for ssi/ssd April of 2010, was denied. I appealed and went to my hearing September 30, 2013. The judge has made his decision is currently on writing. My question is…if I’m approved will I receive a check in December.

    • mary adams says:

      Hi Kay,

      I called my local Odar office as you suggested,I was informed that my case was assigned a writer and the judge has special stipulations that being written up on my case decision..
      Can you shed a little light on what that means?
      Amy help would be useful.

      THANKS,
      MARY

      • Kay Derochie says:

        Dear Mary,

        The information you received indicates that the judge has made a decision and that the decision letter is being prepared. Unless there is an unusual delay, you should receive the decision letter within a month. It is hard to say what was meant by “special stipulations.”

        Best regards,

        Kay

    • Kay Derochie says:

      Dear Mary,

      It is unlikely that you will receive a check in December. It can take up to sixty days after a judge’s approval letter is written for payments to start.

      Sincerely,

      Kay

  39. Tim says:

    Hi Kay, I was injured aboard a ship at work. The accident was Aug 2010. My application date was Oct 2011. I was denied twice and had a hearing with a ALJ Nov 2013 and received a Fully Favorable Decision. My Attorney alleged disabilty back to my accident date of Aug 2010.The findings and decision say the claimant has been under a disabilty as defined by the social security act since Aug 2010 the alleged onset date of disability. I have not received a award letter as of yet but did recieve the Fully Favorable letter today. Does this mean the back pay will go back to Aug 2010, even thou I did not apply till Oct 2011. Thank you.

    • Kay Derochie says:

      Dear Tim,

      Social Security Disability (SSD) is payable retroactively for up to twelve months prior to the date of application; however, SSD has an unpaid, five-month waiting period. You became disabled in August 2010. Unless you became disabled on August 1 or 2, the five-month waiting period is September 2010 through January 2011. Benefits would begin to accrue February 2011.

      Sincerely,

      Kay

  40. Samuel says:

    Good day, I was just approved for disability(Dec2013). I was injured 24Dec2009 but did not apply for Social Security Disability until Nov2011. I was injured and have been receiving benefits under the Jones Act($2550 bi-weekly until Aug2011 and $280 bi-weekly from Aug2011 to present). When do they start the backpay and is what I have been receiving(Under the Jones Act) deducted from the amount

    • Kay Derochie says:

      Dear Samuel,

      If Social Security determined you were disabled in December 2009, your back pay will start twelve months before your application, that is, April 2010. There has been at least one court ruling that Jones Act payments do not result in a reduction of Social Security benefits. I do not know if the ruling applies regardless where to live or only to the Federal District in which the ruling was made. To avoid overpayment, I suggest that you notify Social Security of your Jones Act payments so that they can make a determinatin.

      Best regards,

      Kay

  41. Helen says:

    Hi Kay,

    My daughter’s father was approved for disability in June of 2013. He filed in September of 2011. He owes me several thousands in back child support so I contacted child support and they placed a “lump some” lien on his back pay so that when Social Security paid out his back pay, his back child support would come out. That has been almost 6 months and they still haven’t paid out his back pay. Does this mean I probably won’t be receiving anything or how much longer do you think it could take?

    • Kay Derochie says:

      Dear Helen,

      If your child’s father has not received a lump sum payment and has not received a notice describing the distribution of his back pay, it probably means that he the calculations and release of payment have not occurred. Have you gotten a notice of the lump sum lien? If you have you can contact a local Social Security office directly and ask them to put in an inquiry to the office that is handling the release of the back pay and your lump sum child support. If you have not gotten a notice, then I suggest talking with your child’s father and have him do the follow up. They may not have withheld his full back pay so he could benefit from following up.

      Best regards,

      Kay

  42. joe miller says:

    i had a stroke in February and i started receiving payments in September i was just curious how long does it take to receive back pay?

    • Kay Derochie says:

      Dear Joe,

      Because it has been more than two months since you received your first payment, it would be appropriate to follow up with your local office to find out what needs to be done on the claim and whether the office needs anything from you.

      Sincerely,

      Kay

  43. Aaron Leach Sr says:

    No what I’m asking is he is getting his back pay it comes every six months I got first payment on june 17 now how do I find out what day this month I will get the next deposit the 4 th of dec be six months to the day but I have not seen it an i’ve been laid off an need that money

    • Kay Derochie says:

      Dear Aaron,

      Because it has been longer than six months since the first installment payment, I suggest contacting your Social Security office to find out if it is scheduled to be paid and the date.

      You mention your needing the money. Note that if you are his representative payee, you can use his back pay only for him–his shelter, food, medical needs, clothing etc. Another note, if he is under age eighteen, your reduced income might increase his monthly SSI payment, if it is not already $710.00 a month.

      Best regards,

      Kay

  44. Samuel says:

    Dear Kay

    Hello and Good day to you Kay, I was just approved for disability(Dec2013). I was injured Dec2009 but did not apply for Social Security Disability until Nov2011. I was injured and have been receiving benefits under the Jones Act($2,550.00 bi-weekly until Aug2012 and $280.00 bi-weekly from Aug2012 to present). How far back from my date of application for disability can I recoup backpay and is what I have been receiving(Under the Jones Act) used to offset any backpay that I am entitlied to?

    • Kay Derochie says:

      Dear Samuel,

      If Social Security found that you became disabled in December 2009, your back pay will start November 2010, twelve months before your application.

      There has been at least one court ruling that Social Security is not be reduced by Jones Act payments. I do not know whether the ruling applies to all claims or just those in the federal district in which the case was heard. To avoid possible overpayment, I suggest reporting the payments to the ocial Security Administration so they can make a determination.

      Best regards,

      Kay

  45. Ron says:

    Hi Kay,

    Thank you very much for such a informative and open website. I appreciate your time and effort in addressing my question. I am applying for SSID in January as I have recently been diagnosed with Muscular Dystrophy (MD). I reading through some other MD SSID cases it appears that I may have a good case given my disability. Without knowing much regarding my specific disability, do you know how common it is for MD patients to be approved? I’ve read it can sometime be automatic (minus the five month waiting period). With that in mind, would it be wise to hire a lawyer or go out on my own?

    Thank you very much!

    Ron

    • Kay Derochie says:

      Dear Ron,

      In most cases, muscular dystrophy included, a diagnosis alone does not result in a claim approval. Disability is determined by the severity of symptoms and limitations caused by the illness. Social Security will compare the function you retain to the requirements of occupations that you have performed in the past. If you are under age fifty, they will also compare your abilities to any other occupations that you can do given your education and experience.

      If you feel you can express your limitations well and gather the information you need for your claim, you might file the claim on your own. If you are denied, you would definitely want to get an attorney for an appeal. Visit http://www.disabilityadvisor.com and click the “Apply SSD” tab for articles on applying and the “Claim Process” tab for how Social Security assess claims. The articles can be helpful in your completing the application.

      Best regards,

      Kay

  46. Tara says:

    Hello, I have a question. My children father just received his first ssd check. He has child support responsibilities that have not been paid. I received a payment through the child support system for the exact amount the juvenile court judge ordered him to pay. I was told when I called the ssa office that 65% of his check will be paid to me through the child support system and they will also be receiving a ssd check. My question is are my children also due monies from his backpay check? I was informed my children will receive a backpay check going back to march 2012. I’m assuming he did too.

    • Kay Derochie says:

      Dear Tara,

      I believe that the check you received through the child support system was money withheld from your children’s father’s back pay. Your children will be eligible for Social Security back pay as dependents for each month for which their father was eligible. (This would be true even if child support were not involved.) If you have not received their back pay within a month of their monthly checks starting, follow up with the Social Security Administration.

      Sincerely,

      Kay

  47. Aaron Leach Sr says:

    Thanks kay the six month is this month an I called they said a date has not yet been set for when the deposit is to come does that mean it can come anytime in dec I thought it been sux month to the day i know not to use it on stuff other then him hehas a temper problem an has tore is room up iI need to pay landlord to fix it he caused the damage to it thanks

    • Kay Derochie says:

      Dear Aaron,

      Benefits are paid in the month after they are due, so the first monthly check would be paid in January. Your planned use of the money appears appropriate given the circumstances.

      Sincerely,

      Kay

  48. Aaron Leach Sr says:

    Kay how many installments do they give on back pay let’s say they have ten thousand owed back pay how many installments will that b broke down into

    • Kay Derochie says:

      Dear Aaron,

      Apologies for the late response. Our site has had a software problem that is now resolved.

      Social Security Disability back pay is paid in one installment. Supplemental Security Income (SSI) back pay over a certain amount is paid in three installments six months apart.

      Sincerely,

      Kay

  49. Gena says:

    Hello,
    Just have a few questions concerning my daughters disabiltiy case. I recieved pd payments immediately for her, and now they called me and said she is eligible after the medical exam that they had enough information, and sending her paperwork to social security office. She was born low birthweight 1lb and recieved ssi when she was born only like 30$ at the time, however she has many issues now from begin born so early. I was wondering would I recieve back pay or how it works? She is 10 years old now.

    • Kay Derochie says:

      Dear Gena,

      Apologies for the delayed response. Our site has had a software problem, which is now resolved.

      Your daughter is eligible for benefits only back to the date of her current application. If she has already received payments due to the presumptive disability rules, she may not be eligible for any back pay.

      Best regards,

      Kay

      • Nichole says:

        So a child born with mental retardation will not receive back pay from birth? The paper work asks when did the disability begin. If they were born that way how does the back payment work?

        • Kay Derochie says:

          Dear Nichole,

          Knowing when a condition began help the Administration determine whether the individual is disabled; however, payment for Supplemental Security Income (SSI) begins with the first full month after the month of application unless the application is filed on the first of the month. In that circumstance, benefits begin with the month of application.

          Sincerely,

          Kay

          Sincerely,

          Kay

  50. Linda freyre says:

    I had cancer and applied for ssdi in 2003 at the time I had a minor son and They denied me without any information but their doctors. I had vocal cord cancer and could not even hardly talk yet, also had depression and anxiety and bulging disk in my back. I had a son to support so I went back to work but could only work about 18 hrs a week and we suffered financially not making more than 5-6 thousand a yr. Ny 2008 I could not take it any longer and was already hooked on pain meds. I reapplied and they approved me with a award letter saying I was deemed sisabled in 2004. I went back after the 780 a month benefit and told them I also had a minor child at the time and he should get his back benefit for the four yrs too.They have not sent me any breakdown in the mail but it did not seem right and what about my son shouldn’t he be eligible for the back money? I did hiew a attorney but she doesn’t know and has been paid one full yr before I got mine. It took them 3 yrs for me to get the money,I cant see hiring another attorney. I cant seem them to send me a breakdown. only that the 22,400 was back pay for augest 2004-augest 2007 and I did not collect ssi or welfare or child support for my son. Please advise, my attorney was paid a yr ago and don’t think she is interested in looking into it after 3 ys of waiting.

    • Kay Derochie says:

      Dear Linda,

      To determine whether your son should be paid benefits, I suggest asking for two figures, which you should be able to get by calling Social Security at 1-800-772-1213. Ask for your Primary Insurance Amount and your Family Maximum. If they are the same, then no dependent benefits are payable for your son.

      If the family maximum is more than the Primary Insurance Amount, then dependent banefits should be payable. Ask if your son has been paid any benefits. Because he is now over age eighteen, benefits would have been paid directly to him.

      As far as the breakdown of benefits due, you could also ask the person you talk with on the phone to give you your primary insurance amount on August 2004, December 2004, December 2005, and December 2006. Each amount would apply from December of one year through November of the next year. That would give you the amounts to add up to see if they come to $22,400. (They may not have the information that far back immediately accessible online but they can order a special query with the information and call you back.)

      Sincerely,

      Kay

  51. Iisha white says:

    I am approved for ssdi and have 4 children, are their payments a piece or is it one sum for all kids?

    • Kay Derochie says:

      Dear Lisha,

      Apologies for the delay in responding. Our website has had a software problem, which is now resolved.

      If all the children are in the care of the same adult, the children’s benefits will be paid in a single payment.

      Best regards,

      Kay

  52. James Nickel says:

    my wige was just approved for both ssi and ssd. we received the ssi back pay but not ssdi. when she called about that check she was told she’d get extra every month. our living condition right now isn’t the greatest as my health is bad. my question is, is there a way to demand more at any given time, so we can get our own place? thanks!

    • Kay Derochie says:

      Dear James,

      Apologies for the delayed response. Our site has had a software problem, which is now resolved.

      The information you have provided doesn’t quite make sense to me. Social Security Disability (SSD) back pay is paid in a single payment, not installments. Supplemental Security Income (SSI) back pay may be paid in three monthly installments six months apart. Neither back pay is paid a little a month. I suggest that your wife recontact Social Security for clarity. If it is SSI being withheld, she could request that the back pay all be paid so that you can pay deposits and last month’s rent to move into your own living quarters.

      Sincerely,

      Kay

  53. Rebecca says:

    Dear Kay,

    My partner very recently received a Fully Favorable decision on his application for SSDI. He had taken early retirement at 62, so was already receiving Social Security retirement benefits. We have a minor son who was also receiving Social Security based on my partner’s retirement benefits. Now a lump sum back payment for SSDI has been deposited into our son’s account. We are trying to determine whether there are limitations on how these funds can be spent — specifically, we would like to put a portion of them into a 529 plan to save for college, but are not sure whether that is permissible. Our understanding was that the Social Security benefits our son received previously (thru my partner’s retirement benefits) could not be put into a 529 plan because of the relative riskiness of the investments that might be made with the money in the plan. Do you happen to know whether any of the SSDI back payment can be put in a 529? Thanks so much!

    • Kay Derochie says:

      Dear Rebecca,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      It is appropriate to save currently unneeded dependents benefits for the child’s college expenses. I suggest that you meet with a Social Security claims representative to find out if there are any current restrictions on how you do this.

      Best regards,

      Kay

  54. Greg says:

    Hi i first applied for SSI on August 23, 2012 and just had my hearing today Jan 2, 2014 if I get approved how much back pay months will I get for sure?

    • Kay Derochie says:

      Dear Greg,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      If you are approved effect August 2012, eligibility can potentially begin to accrue September 2012 with benefits paid for every month between then and when you receive your first payment in which your income and assets are below the allowable level. The maximum monthly federal Supplemental Security Income (SSI) benefit was $698 in 2012, $710 in 2013 and $721 in 2014. The amount you are actually paid will depend on the amount of income you have each month, including in-kind (free) shelter and food (not counting food stamps). This means that your actual federal monthly payment amount could be any amount from $1.00 to the maximum. If you live in a state that offers an SSI supplement, you might qualify for a state supplement in addition to the federal amount. (The next-to-last article under the SSI tab on http://www.DisabiityAdvisor.com lists states that offer supplements.

      Sincerely,

      Kay

  55. Natasha D says:

    Hello, I have a question. My husband applied 2 years ago for SSI due to multiple disabilities and has been going through the appeal process. However, recently he has been incarcerated due to behavior from his mental illness. I then received a letter from our SSI attorney stating they needed an update because his appeal date is going to be set soon. With his going through a mental evaluation and his incarcerated state being up in the air, what should be done? Any information would be helpful and thank you in advance for the help.

    • Kay Derochie says:

      Dear Natasha,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      You should meet with your husband’s attorney and give him a full update including the information that your husband has been incarcerated and that a (state-ordered, I presume) mental evaluation is in progress. Your husband likely will not be eligible for benefits during his incarceration, but you should continue to pursue his claim for the period before incarceration. Also if he is in jail less than one year and he is approved for SSI on the now pending claim, he will not have to file a new claim when he is released.

      Sincerely,

      Kay

  56. Samiya says:

    I filed for disability in Sep. 2013 for bulging disc, pinched nerve, spinal stenosis and a bad hip with osteoarthritis which is very painful. I had another nerve test in Dec 2013 and have carpal tunnel syndrome in both hands. I am 37 years old and only have a high school diploma. And will be having surgery on my back and both hands. Do you think there is a chance I could win my case the first time around? Cant work because of the pain and my restrictions.

    • Kay Derochie says:

      Dear Samiya,

      Apologies for the delayed response. Our website has had a software problem, which is now resolved.

      To be eligible for Social Security Disability (SSDI) and/or Supplemental Security Income (SI) disability benefits, you must be unable to perform work that you have done in the past and any other work that would be suitable given your experience, education, and limitationa. This disability has to have lasted or be expected to last twelve months or more. Whether or not you are approved on your original claim will depend on those factors and how well you have completed the claim forms. Right now, you want to be sure that the Disability Determination Services (DDS)is informed of your carpal tunnel diagnosis and the plans for back and bilateral carpal tunnel surgeries. If you do not have contact information for the DDS, ask your local Social Security office to provide it so you can submit updated medical information.

      If you are denied because it is thought that your disability will not last twelve months and you are still disabled, wait until you are about forty-five days into your sixty day appeals period to appeal. That way when your appeal is looked at you will be closer to the end of twelve-month period. Also, if you are denied, I recommend getting legal assistance.

      You can obtain an excellent Social Security attorney by calling Disability Advisor at 1-888-393-1010. 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

      • Samiya says:

        Mrs. Kay thank you for the information. My hip has been a problem since 11/12. And my back and hands will be a year in April of this year. DDS is sending me to see psychologist this Friday. Guess I will know something next month. I do have an attorney because I filed workers comp and can’t do my job anymore she said that is considered industrial loss. They approved me for workers comp without a hassle. I will keep you posted. Thanks again!

  57. Mr. Smith says:

    Hi. I Busted my butt working hard enough years, paid taxes!! I broke my neck, some one else applied for ssd for me while in hospital. I was awarded ssd, medicare, and a very small ssi amount. ($23 monthly for ssi).

    I know of two specific others with broken necks, only that they,, receive “Almost Double” of what I do,, theirs is purely ssi, medicaid, BUT,, They Never Worked nor Ever Paid Taxes!

    Why Do They Get That Much More, Where as, I Busted my *ss, and was a hard working Tax Payer!?

    • Kay Derochie says:

      Dear Mr. Smith,

      Usually when a comparison of benefits doesn’t appear to make sense, some essential fact about the other party’s situation is unknown. Currently, in 2014, the maximum amount of Social Security and federal SSI payment that an individual can receive is $741. For example, if you get $23.00 SSI and it is federal payment and not a state supplement, then your other countable income, including Social Security and any free/subsidized shelter or food (other than housing authority and food stamp assistance) is being counted as $718. If you have income, including in-kind income of less than $718, you can take proof to your Social Security office and ask for a recalculation.

      Sincerely,

      Kay

    • maryjae says:

      good questions……and why do ssi folks get back pay and ssdi folks have to wait 5 months?

      • Kay Derochie says:

        Dear Maryjae,

        The simple answer to your question about why back pay for Social Security Disability (SSDI) and back pay for Supplemental Security Income (SSI) start at a different point in time is. . .it’s the law.

        Just to clarify:

        1. SSI never pays before the date of the application. SSDI begins the later of the sixth full calendar month of disability or twelve months before the month of application.

        2. SSDI can begin to accrue before SSI or vice versa. How far back SSDI goes depends on the timing of the application in relationship to when disability began, while SSI always begins the first of the month after the month of application (unless the application is on the first of the month and then it starts in the month of application).

        Sincerely,

        Kay

  58. ellie says:

    My children’s father was just approved for ssdi after 3 years. He paid child support .My question is, Are they entitled to receive back pay .

    • Kay Derochie says:

      Dear Ellie,

      If your children’s father’s benefit amount is high enough for the family maximum to be greater than his benefit, your children will receive monthly benefits and back pay to the date that their father’s benefits began. I suggest that you contact a local Social Security office to apply for the children. You will need to provide your children’s father’s social security number and your children’s birth certificates and Social Security numbers.

      Sincerely,

      Kay

  59. Bob says:

    Had my hearing and was approved for SSD on1/9/14. Was told my onset date is June 10, 2010. How many months of back pay will I receive?

    • Kay Derochie says:

      Dear Bob,

      It’s good news that you were approved. Your Social Security back pay will begin to accrue the later of twelve months before the date of your original application and December 2010.

      Sincerely,

      Kay

  60. Chris says:

    My husband received his award letter recently and his first check on the 15th of Jan, in the award letter it stated he would receive back pay from 9/2011, total of 49,000 minus attorney fees of 6,000. He does not qualify for SSI only SSDI because of my income. We were told to expect the back pay by the end of the month, Dec 2013, but have yet to see it. When we called we were told that the processing center that his claim is going through is always backed up, how long does this process usually take? Also do you know if the back payment will show on his “my social security” page like the normal monthly payments? Thank you!

    • Kay Derochie says:

      Dear Chris,

      Back payments seem to be taking a couple of months longer than the first monthly payment. When the backpay is set up in the computer, it should show up as a one-time payment. Receipt in a bank account or on a DirectExpress card should be the next business day.

      Sincerely,

      Kay

      • Nancy says:

        Hi Kay:

        I too was wondering about the Back Pay for disability. I did not use an attorney, filed in October of 2013, and I found out, through the “my social security” page, that I was approved for SSDI and it gave me the back pay amount with a date of 1-28-2014. The benefits letter that is on the website tells me how much I will receive each month. My question is: If the payment date of the back pay is 1-28-2014, does that mean it will be in my account a few days. The only reason why I am asking is because it says “Payments made” and as of today there is nothing in my savings account. Also, when should my son receive his back pay money because of my disability? My payments are scheduled for the third Wednesday of the month.

        Thanks so much!

        Nancy

        • Nancy says:

          Hi Kay: Disregard about the back pay question because it showed up on February 1. I was told by s.s. that my son did not qualify for any of my benefits because I did not have enough credits going back those 10 years when they found me disabled. The years were 2009 and 10 years back from that time. What are they looking at to disqualify my son for benefits? Each year I had 4 credits so that easily gives me 40 credits. I thought the maximum of credits you could get each year was 4. Am I mistaken? Hope you can shed some light on this because it really does not make any sense. Am I missing something?

          • Kay Derochie says:

            Dear Nancy,

            The information you are giving me does not seems to fit together if you were approved for SSDI (Social Security Disability). I wonder if you were not approved for Supplemental Security Income (SSI), which does not pay dependents benefits. If you were approved for SSDI, your son would be eligible for benefits for the same months as use if your benefit was less than the family maximum. The reason he would not be getting benefits would not be because you didn’t have enough work credits.

            It is possible that you were not insured for SSDI on the date they found you to be disabled. You have to have earned twenty work credits in the ten years before the date of disability that Social Security approved. You do not say what date they found you disabled, but here’s an example. If they say your medical evidence shows your disability began in February 2012, then you would have to have twenty work credits (earned at a maximum of four per year) during the ten-year period beginning before February 2007 through January 2012. It appears that you do have enough work credits for Social Security retirement when you reach retirement age.

            Sincerely,

            Kay

        • Kay Derochie says:

          Dear Nancy,

          Processing of direct deposit varies from bank to bank. I would expect you to have received the benefit by now. If you have not also received benefits for your son, call Social Security to find out if you need to do anything to get benefits started for him.

          Sincerely,

          Kay

          • Nancy says:

            Hi Kay:

            I did not apply for SSI since I do not qualify. They went back to 2009 for my disability which gives me more than enough credits. What the local intake worker said was because I did not make enough money, I myself qualify for SSDI but my minor son does not since there isn’t enough money left in my account to pay him. This does not make sense to me so I called Social Security (not the local number) and was put on hold for nearly an hour only to be told to talk to the local worker since they could not access that part of my file. I honestly don’t have a clue as to what they are talking about. I did leave a message for the local intake worker to give me a call but because they have really short work hours, I am not sure when she will get back to me. Does it make any sense to you?
            Thanks for your help!

          • Kay Derochie says:

            Dear Nancy,

            Thank you for the additional information. Yes, the explanation does make sense. If a worker has enough work credits, the worker is eligible for benefits. Each worker’s earnings record has a primary insurance amount and a family maximum amount. Each of those amounts depends on the worker’s total work earnings (not work credits). If total life-time earnings are low, the family maximum amount is the same as the primary insurance amount–which is the amount that you, the worker receives. The primary benefit (yours) comes out of the family maximum. When the maximum is the same as the primary benefit, there are no benefits left to pay for the dependent.

            Sincerely,

            Kay

  61. Tiffany Melson-Smith says:

    My husband went into the hospital in Feb. 2012 the hospital applied for his disability, he was denied but we got a lawyer and appealed it. He has a hearing date coming soon. Question is, will our 2 kids and myself be included in his back pay or will I have to apply for them. I know he worked long enough for SSDI & his lawyer know about myself & our 2 babies. Thanks in advance for the help

    • Kay Derochie says:

      Dear Tiffany,

      If your husband is approved for Social Security Disability benefits and his family maximum is more than his primary insurance amount, the children will be eligible. You will also be eligible if you have children under age sixteen in your care and you are not earning too much. Note that the same amount may be payable whether or not you apply for yourself. This will be true if the children’s benefits have already reached the maximum dependent benefits payable. Dependent benefits are paid for the same months for which the disabled worker is paid, including past months.

      Usually, the non-disabled parent is representative payee for the minor children. This means that you will need to file an application to receive the benefits but not until after your husband is approved and his benefits are set up for payment.

      Best regards,

      Kay

      Sincerely,

      Kay

  62. William R. says:

    I have been approved for SSI for a month now. when will my check start?

    • Kay Derochie says:

      Dear William,

      Your Supplemental Security Income (SSI) will start after you have provided the Social Security Administration (SSA) an update on your financial situation and they have processed the information and made the necessary inputs to the payment system. If SSA has not contacted you yet, I suggest you call either your local office or the call center at 1-800-772-1213 and request an appointment to update your SSI application. If you have already had the update interview, it can take from about a week to over a month for payment to start–presumably due to variation in workloads at any given time.

      Sincerely,

      Kay

  63. Troy says:

    I am currently receiving SSD and have been for a couple years. My question is, I became disabled and stopped working in Dec. 2010 but my case says Dec 2011 which affected my back pay. Is there a way to have them review this obvious typo and get it corrected?

    • Kay Derochie says:

      Dear Troy,

      First, the determination may not have been a typographical error. Social Security may have determined that there was no evidence of disability until December 2011. Second, you are outside your sixty-day appeals period if you have been receiving benefits for two years, so the normal appeal process is not open to you. That said, if you had a traumatic onset of disability such as an accident or stroke, you might be able to make a case for a typographical error and you might be able to get Social Security to re-open administratively; but this is a long shot.

      Best regards,

      Kay

  64. Brian says:

    I recently re-applied for SSDI, as I was on it before for several years then cancelled after I started working full time. My phone interviewer said she was putting down the end of that job (7/2009) as the onset date. I just started the process yesterday and had phone interview today and was told the usual (keep them informed, may take 90-120 days to process the claim and receive approval or denial). What I am wondering, is if approved, which I am sure will happen eventually, will I receive backpay from the onset date, of almost 4 and a half years ago, or just from when I began filing?

    • Kay Derochie says:

      Dear Brian,

      If your application is a new claim, benefits will begin twelve months before the date of your current application.

      You do not say how long you continued to work after returning to work. If you worked less than five years and stopped work due to the same medical condition for which you received benefits previously, you may be eligible for reinstatement of benefits under the same claim. If that is the case then benefits could go back to 2009. If you did work less than five years and stopped due to same disability, contact your claims representative right away and tell her that you think that the new claim you filed might not have been necessary and that you should have requested reinstatement under the Expedited Reinstatement provision. (You can read about this provision by looking up the “Red Book” on Social Security’s website, http://www.ssa.gov.)

      Sincerely,

      Kay

  65. Anthony B. says:

    I filed for disability and ssi benefits in april of 2013. got denied once in august of 2013, got an attorney and appealed it still waiting on a answer from that appeal. so given that time frame. say i get approved next month how many months can i count for backpay? Im confused on the backpay approval months and the waiting period…

    • Kay Derochie says:

      Dear Anthony,

      Supplemental Security Income (SSI) would be paid from April 2013 through the month in which it is paid. If you are approved and paid in February, back pay will be for eleven months. You do not say when you became disabled so I cannot figure the number of Social Security back-pay months. Social Security Disability benefits will begin to accrue the later of April 2012 or the sixth full calendar month after you became disabled.

      Sincerely,

      Kay

  66. mel says:

    Hi Kay I applied for ssi for my 8yr old daughter 11/2014 she’s on a IEP which she been on every since she started elementary school she’s also in ESE and take speech at school my question is how long will it take as to make a decision? And is it true ss denies everyone the first time if its not thru a lawyer?

    • Kay Derochie says:

      Dear Mel,

      Many people are approved for disability benefits on first application even without a lawyer. It generally takes two to five months for a decision. If you have not already done, be sure that you submit the special education plans for the claim.

      Best regards,

      Kay

  67. Charlotte says:

    I applied for disability in October 2012 per my neurologist. I was denied and reapplied. I was sent a letter from Social Security that I was disabled as of August 2013. How can they change the date of my disability? Does that mean I won’t get back pay from the start date of Oct. 2012? I won’t get my first disability check until March 2014. Will I get any back pay or just my disability check? I am so confused.

    Thanks,
    Charlotte

    • Kay Derochie says:

      Dear Charlotte,

      Based on a disability date of August 2013, you will not receive back pay. The first five months of disability are not paid under the Social Security Disability program. The payment you receive in March is for February. You will receive you March benefit in April and so on.

      Social Security determined that you became disabled later than you claimed either because you did not have medical evidence to show you were disabled earlier or you were still working and earning too much. If you disagree and it is within sixty days of the date you received the written decision, you can appeal the disability onset date. If you do so, I suggest that to support your claim you talk with your neurologist to get his statement explaining his medical reasons for taking you off work in October 2012.

      Sincerely,

      Kay

  68. Danny says:

    My question to you is this. I was initially denied SSDI so I hired an attorney to file the appeal and represent me during the hearing. The papers were sent to the arbitration judge, but very shortly thereafter I received an approval from SSA, based on a more thorough evaluation of my case. Since my attorney didn’t actually represent me during an appearance in front of the judge, would I be forced to pay the 25% just for the mailing of the appeal documents and the visit to her office when I retained her?

    • Kay Derochie says:

      Dear Danny,

      I would say that if you got the approval letter a judge at the hearing office, you do need to pay your attorney 25%. If the letter came from the judge, it might help you feel better to know that the attorney probably wrote up a brief (an argument) on why your claim should be accepted, presenting your case well enough you did not have to to go to a hearing. If the notification came from the local Social Security office only, then it could be possible (though unlikely) that the work your attorney was not considered in the decision or reviewed by a judge. If that is the case, you may be able to make arrangements to pay your attorney only for the exact time he or she spent meeting with you and preparing the brief for the judge. Social Security approves the fee amount, but it would be simpler to just negotiate with the attorney if agreement can be obtained before asking Social Security to review for a lower fee.

      Best regards,

      Kay

  69. Monica says:

    I received a letter from social security stating that I am entitled to monthly disability benefits from social security beginning in December of 2011. I was receiving SSI from age 15-25. I am currently 27 and work as a School Counselor and stopped receiving SSI in November of 2012 because I make too much money for SSI. I’m not sure why I am receiving this letter? I would consider myself still disabled (spinal cord injury), but I am do work a full time job and social security knows this because my employer sends them information each month.

    SO, long story short, I’m not sure why I am receiving a letter that states my benefits began in December of 2011 (with amounts listed) and I am just hearing about it.

    Any insight?

    • Kay Derochie says:

      Dear Monica,

      It appears that Social Security became aware that you might be eligible for disabled adult child benefits on a parent’s earnings record. I am going to conjecture the following: You are probably being approved because you were disabled and not working for twelve months before your return to work. This would entitle you to a nine-month trial work period, during which benefits would be payable, plus three transitional months of benefits. After that you would not be eligible for any month in which you performed substantial gainful activity (SGA), but for could receive Medicare and automatic reinstatement of benefits if you stopped working again within thirty-six months.

      Right now, what you need to do is to be sure that the Social Security Administration has associated your work activity with your Social Security claim (not just your SSI claim). I suggest making an appointment with a claims representative and taking in your pay stubs or other proof of the dates you worked and your earnings since you started working. I would also suggest not using the money you receive until you know for sure that you are eligible for all of it. From the minimal information you gave, I would guess that you might not be eligible for the Social Security at least by November 2013.

      Sincerely,

      Kay

  70. Diane says:

    Has anyone ever heard of social security asking for a fee to file for a child under 18?

    • Kay Derochie says:

      Dear Diane,

      The Social Security Administration (SSA) NEVER charges a fee to process any service! You can apply for benefits for your child by contacting Social Security directly at 1-800-772-1213 to get up an in-office or telephone interview to apply. If you need help, you can hire an attorney knowledgeable in Social Security and Supplemental Security Income law. If you do, the attorney will receive a fee only after your child has been approved. The fee is set by SSA and SSA will be send it to the attorney out of your child’s back pay. You may also have to pay a small charge for copying and other out-of-pocket expenses the attorney incurs for the claim, but not until the claim decision has been approved or denied. Never pay anyone up front to file a claim.

      Sincerely,

      Kay

  71. Erica says:

    My son was approved for ssi about 3 weeks ago I just recieved his first payment with a paper check but i signed up for direct express… I already have a direct express card .Its the start of a new month and hispayment for the new month isnt pending do that mean he will get another paper chec k???Onelastt question He havent recieved a back payment yet… i was told that they went back to Dec of 2013 Is he entitled to back payment

    • Kay Derochie says:

      Dear Erica,

      Often the first payment is a check. If you already have a DirectExpress card for him, future payments should come to the card. If they do not, contact Social Security. Back pay often takes six weeks after the initial payment but can take longer.

      Sincerely,

      Kay

  72. Rodney Porter says:

    I was awarded 34 months back pay, but the state of California say they can only pay for the time I’ve been here(13 months). How do I get the back pay for the other 21 months? I need help!!

    • Kay Derochie says:

      Dear Rodney,

      I am going to take a guess about your situation. Am I correct that you were approved for Supplemental Security Income (SSI) disability? If so, you will receive twenty-one months of federal SSI back pay and thirteen months of California SSI supplement, which is payable only to residents of California.

      Sincerely,

      Kay

  73. 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

  74. 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

  75. 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

  76. 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

  77. 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

  78. 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

  79. 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

  80. 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

  81. 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

  82. 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

  83. 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

  84. 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

  85. 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

  86. 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

  87. 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

  88. 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

  89. 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

  90. 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

  91. 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

  92. 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

  93. 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

  94. 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

  95. 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

  96. 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

  97. 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

  98. 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

  99. 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

  100. 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

  101. 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

  102. 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

  103. 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

  104. 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

  105. 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

  106. 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

  107. 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

  108. 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

  109. 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

  110. 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

  111. 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

  112. 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

  113. 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

  114. 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

  115. 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

  116. 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

  117. 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

  118. 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

  119. 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

  120. 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

  121. 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

  122. 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

  123. 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

  124. 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

  125. 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

  126. 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

  127. 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

  128. Jennifer Ward says:

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

  129. 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

  130. 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

  131. 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

  132. 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

  133. 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

  134. 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

  135. 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 can obtain an excellent Social Security attorney by calling Disability Advisor at 1-888-393-1010. 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

  136. 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

  137. 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

  138. 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

  139. 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

  140. 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

  141. 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

  142. 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

  143. 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

  144. 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

  145. 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

  146. 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

  147. 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

  148. 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?

  149. 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.

  150. 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

  151. 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

  152. 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

  153. 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.

  154. 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

  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. 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

  157. 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

  158. 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

  159. 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

  160. 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

  161. 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

  162. 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

  163. 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

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