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

By / March 3, 2016 / After You’re Approved for Social Security Disability & SSI / 1,504 Comments

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

Maximum 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?

If I am approved, how much Social Security Disability back pay will I get?
3.6 (71.11%) 9 votes

  • Dear P.,

    The online account will show when the payment is scheduled to be paid and it will show up as a “one-time payment.” I don’t know whether you would be successful in getting the amount to be refunded from the judge beyond whatever notification you got about your contesting the amount being approved.

    I can’t give you any expected time for receipt of the money, but I have noticed that recalculations for any reason seem to take a very long time, so it could be another month or so. Although it is not low priority to you, the additional payment to you is likely treated as a lower priority than people who have been waiting the same amount of time to get any back payment at all. Watch your bank account if you have direct deposit because, yes, the payment could arrive before the letter comes in the mail.

    Sincerely,
    Kay

  • Dear David,

    The calculation of Average Current Earnings (ACE) is multi-stepped and complex. There are three difference preliminary calculations and the ACE used for the workers compensation offset is the figure that is the highest of the three calculations. One is the highest year in the year of disability and the five years before that divided by twelve; the second is the highest five consecutive years after 1950 divided by sixty; and the third is the total of the years earnings used to calculate your benefit before workers compensation offset divided by the number of months in that period. You can read about this at https://secure.ssa.gov/apps10/poms.nsf/lnx/0452150010.

    So, to answer your question, with a 2014 disability onset date, your ACE could be based on your 2011 earnings; or it could be based on your five highest consecutive years divided by sixty if that figure was higher, which might include 2011’s earnings or not; or it could be based on all the years used in the calculation of your Primary Insurance Amount (benefit before offset) if that resulted in a higher benefit. After the offset has been applied, you can ask Social Security to tell you which of the calculations determined your ACE.

    Sincerely,
    Kay

  • Dear BigT,
    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.
    Sincerely,
    Jane

  • Dear Sonnie,
    I can’t find your previous answer and I am not sure if the person you are referring to is receiving Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits. From you questions, I will assume he was receiving SSI and was incarcerated for a year or more. SSI benefits are terminated after a beneficiary has not received payments for a year or more and new application will be needed. Social Security will use any medical records during the period they were incarcerated. If a decision can’t be made based on the available medical information he will be sent for a consultative exam (CE). The CE) doctor does not decide whether his claim will be approved or denied, but will provide current medical information. The cost for this CE exam is paid for by Social Security.
    Sincerely,
    Jane

  • Dear Kim,

    The SSI (not SDI) is paid in three installments six months apart unless you get an exception as I discussed. SSDI is paid separately in a single payment. The local office authorizes SSI payments and a central payment center authorizes SSDI.

    Sincerely,
    Kay

  • Dear Kim,

    Please see my reply of a few minutes ago to your first post. (Comments are not visible until they have been reviewed and answered.)

    Sincerely,
    Kay

    • Kim Albritton

      Haha thank you Kay. I am such a goober. I had to re-read what you posted so as not to confuse myself haha. I will let her know and move forward accordingly.

  • Dear Sonnie,

    Your friend has to prove that he or she is disabled now to receive Supplemental Security Income (SSI) benefits. Because there is no retroactivity (no benefits paid before application), your friend can file a new application. She can claim her original disability date (1992) and attach a statement about benefits being suspended for jail time and about what he or she was supposed to do in the work release program and what she actually did and the medical reasons why she didn’t do the full duties.

    If she is trying to apply for Social Security Disability and did not appeal the 2012 denial, to be successful, she has to have been insured (still had enough work credits) on the day after the date on the 2012 denial letter and she has to prove that she became disabled while she was still insured. The Social Security Administration (SSA) can give her the date she was last insured.

    Sincerely,
    Kay

  • Dear Kim,

    SSI and SSDI are paid separately. Because your wife was approved for both SSDI and SSI, her Social Security back pay will be reduced by the amount of SSI benefits payable for the months in which SSDI and SSI eligibility overlaps.

    The second SSI installment, if paid on time, could be paid anytime in the month of September. The way the installment system is set up, release of installments requires manual work on the part of the claims representative, but that action is supposed to be taken without your having to ask for the installment to be released.

    I recommend that your wife go to the local Social Security office and submit a letter of dire need in which she requests release of the second installment soon enough that the money is received before the end of the month (of whatever date it is needed to accomplish the move) because the money is needed to pay for a required move. In the letter explain the specific medical reason for need to move. Try to get a supporting statement from her physician about the need for different housing. Emphasize the date by which she has to receive the money to effectuate the move.

    Of note is that if your wife is receiving monthly SSDI now and the SSDI is too high for her to be eligible for SSI, she can request that all her SSI back pay be released now, not just the second installment. In the statement, say that the request is because she is not eligible for SSI and will not be in the future.

    Sincerely,
    Kay

  • Dear Kesia Jo,

    If your claim is for Social Security Disability, provide proof that the pay is paid time off (PTO) and the work will not affect eligibility. If your claim is for Supplemental Security Income (SSI), the PTO will be countable income and will affect your benefits for one month.

    Sincerely,
    Kay

  • Dear Natasha,

    I think you are asking if your chances of winning in federal court are better if you have a lawyer representing you. Taking your disability claim to federal court is like taking any claim to federal court. You could do it by yourself and win, but attorneys who specialize in that area of law are more aware of the complexities of the system and how to best present your case and any issues you may need to be aware of. Plus, it doesn’t cost you anything extra to have an attorney handle your claim at the federal level. If he wins, the government pays him. So it might be a good idea to have an attorney who is experienced at the federal level help you with your claim. Keep in mind that most disability attorneys do not handle claims past the appeals council level, and if they do, they are few and far between. There are some attorneys and even whole firms that specialize in federal disability appeals so you may want to do a google search to find those and/or ask your attorney if he works with a firm or other attorney that specializes and has a lot of experience taking disability claims to the federal level.

    Sincerely,
    Disability Adviser

  • Dear Gary,

    Technically, a divorced couple living together should have their benefits calculated independent of each others income and assets. However, it something of a red flag for a couple that were married to divorce and continue to live together. There would be an investigation to see whether or not you were presenting yourselves to the public as married including how you are listed certain financial documents. If it is determined you present yourselves as married, you would be treated as married.

    Sincerely,
    Kay

  • Jane says you are welcome.

  • Dear Gary,

    The withholding of your back pay is likely correct. Here’s the reason: Supplemental Security Income (SSI) benefits for married eligible couples are calculated as a single benefit. For example: let’s say that last month your wife was the only one eligible for SSI and she received $735; then you were medically approved for benefits including for last month. If you and she had no other income, your combined benefit for the month would be $1,103 ($551.50 each). She was paid $735 of the $1,103, so she was overpaid $183.50, which is the difference between the $735 she was paid and her share of $551.50.) That means that $183.50 of your back pay for the month has to be used to repay your wife’s overpayment. For that month in the example, you would receive $232 back pay for the month with the remaining $183.50 going to cover the overpayment.

    Sincerely,
    Kay

    • Gary Wheeler

      not what I needed to hear they are keeping over 12 thousand in my back pay but I thank-you so much .

  • Dear Hillary,
    I am not sure why you were told it could take up to six months to process your son’s Supplemental Security Income (SSI) claim. Most of the time a claim should be processed within thirty days. I would contact your office again and ask to talk to a supervisor.
    Sincerely,
    Jane

  • Dear Kyle,
    You would have to consult a lawyer who specializes in fraud/malpractice to determine, if you can file a law suit against your doctor.
    Social Security will not reopen the claim you filed when you were twenty years old. I understand this is a frustrating situation.
    Sincerely,
    Jane

  • Dear Bew-T,

    In that your children’s benefits are coming from their father’s earnings record, they are receiving Social Security dependent benefits, not SSI, which is Supplemental Security Income and is paid because a child is disabled and the family has limited income and assets.

    Your children’s Social Security benefits should begin the latest of the date their father became eligible for benefits or died or the month they were born or six months prior to the month of application for them. Any back pay is usually paid a month or more after monthly benefits start.

    Sincerely,
    Kay

  • Dear Hillary,

    I would have expected your child’s SSI to have started by now. I suggest that you visit or call the local office to get a status on when payment will be released. If you are not given an estimated time frame, I suggest that you ask to speak to a supervisor.

    Sincerely,
    Kay

  • Dear Natashsa,

    Thank you for the update.

    Sincerely,
    Kay

  • Dear Marina,

    In all likelihood, your long-term disability (LTD) insurance policy includes a provision that if you refuse to apply for Social Security Disability (SSDI) when asked to allows your LTD benefits to be reduced by estimated Social Security even though you are not receiving it.

    Because of that provision, you have two courses of action. The first is to get a statement from your physician that it is anticipated that you will be released to return to work full-time by October 2. Submit to the LTD insurance company that statement together with a written request to be excused from filing an SSDI application because you will not be disabled for twelve months, which is required to be eligible for SSDI benefits.

    The second option is to continue with the application and then notify Social Security as soon as you return to work. (Perhaps it would be helpful to know that no one other than the people processing your claim will see the medical and vocational information you provide. If you apply for SSDI and not Supplemental Security Income [SSI], no questions are asked about your living arrangements or income other than questions about workers compensation and other disability or sick leave benefits.)

    Sincerely,
    Kay

    • Marina

      Thank you Kay for your response

      • Dear Marina,
        Kay said you are welcome.
        Sincerely,
        Jane

  • Dear Kim,
    Your wife’s Supplemental Security Income ( SSI ) back pay is paid in up to three installments six months apart and the first two will not exceed $2,205. Your wife can request a increase to her installments, if she has a compelling need. For example, if she needs the money to pay the down payment on a house or to buy a car for medical transportation, or to catch up past-due rent or mortgage to avoid eviction or foreclosure, or to pay past-due medical bills or to pay for needed medical care, your wife may be successful in getting additional funds released before the installment due dates. If any of these circumstances apply to you, you can submit a petition for release of funds. Be prepared to provide documentation of the dollar amount needed such as past-due notices and written estimates. Your wife should contact Social Security and provide a written statement explaining the situation and how much money is needed to move. You will receive a written notification explaining the decision.
    Sincerely,
    Jane

  • Dear Natashsa,
    Kay said you are welcome.
    Sincerely,
    Jane

  • Dear Natashsa,

    I do not have statistics on approvals as a result of a federal court appeal. The court can uphold or overturn the decision or remand (send) it back to the judge for more investigation and documentation and/or another hearing. Your attorney might have some statistics. Your attorney would not have filed the federal appeal if you did not have a chance of approval.

    Sincerely,
    Kay

  • You are welcome, Natashsa.

  • Dear Jesse,
    Supplemental Security Income (SSI) determines your eligibility and payment amount for each individual month. When you are residing in a rehabilitation/ nursing home and medicaid is paying over 50% of your care, your monthly payment will be $30.00. If you are approved you will complete a non-medical review and ,then you back payment will be determined.
    Sincerely,
    Jane

  • Dear Jamie,

    I think you are asking whether your wife can be a witness. Yes, she can and its probably a good idea to let the judge know you intend to bring her as a witness, especially if you are not good at communicating when you become panicked.

    Sincerely,
    Disability Adviser

  • Dear Stacy,
    Your Social Security Disability Income (SSDI) benefits will be reduced by the amount of your Supplemental Security Income (SSI) payments that were paid for the same month(s).
    I would be unable to give you an exact amount that your check will be reduced by, but as a general rule the amount you received from SSI during the same months you were entitled to SSDI that amount will be taken from your SSDI back payment. If you had an attorney those fees will also be taken from your SSDI back payment.
    Sincerely,
    Jane

  • Dear Natasha,

    When your appeal is denied by the Appeals Council, your only remaining option is to appeal to the Federal Court level. You can also file a new application at the same time. So this is actually a good sign because your attorney would not be going through all this for you if he did not think you had a strong claim. I deleted your other questions because they were all essentially asking the same thing.

    Sincerely,
    Disability Adviser

  • You are welcome, Natasha.

  • Dear Natasha,

    I can’t give you odds; however, people have been approved on new claims. However, to be approved for Social Security Disability, you still have still be insured for disability benefits on the day after the hearing decision denial. If you are not and you have limited income and assets, you could apply for Supplemental Security Income (SSI) benefits, which generally doesn’t have a work credit requirement.

    If you are still in the sixty day appeal period after the Appeals Council declined to review, you could consider finding another attorney who would take it to court for you. Before trying to do so, you might want to check with your current attorney to find out the reasons for not wanting to take the case to federal court. Was it because he or she doesn’t do federal court cases or because he or she doesn’t think you can win.

    Sincerely,
    Kay

    • Natashsa Payne

      yes kay that was the fiest letter i received from my lawyer and then came in second letter want to appeal it to federal court. its like he had a change of mind because first letter it had said he did not think we could win but now he is appealing to federal court

      • Dear Natasha,

        Maybe he did have a change of heart. Maybe he consulted with a colleague and got different advice. There’s nothing wrong with asking him what happened and why he changed his mind so you have a better idea of what is going on in your case.

        Sincerely,
        Disability Adviser

  • Dear Beverly,
    When you get your approval letter, it will tell you when your benefits start and that will give you the entitlement start date and why that day was selected. The general rules are as follows:If you are approved for SSDI (Social Security Disability) benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security. If you are approved for SSI (Supplemental Security Income) and your established disability date is prior to or equal with your application month, your benefits will begin the month following the month of application.
    Sincerely,
    Jane

  • Dear Natashsa,

    If you have a question, please post it and we will try to answer.

    Sincerely,
    Kay

  • Dear Denise,

    To be approved for Social Security Disability (SSDI), you have to prove that you became disabled when insured. If you were working steadily up to eleven years ago, then you might be insured up to about six years ago. However, your back pay is limited to twelve months before the date of your application. I am unable to estimate your monthly benefit if you are approved; the amount of your monthly benefit will be based on your work earnings history.

    Sincerely,
    Kay

  • Dear Lisa,
    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security. If you are not eligible for SSD back pay, it may be due to your disability onset date being so recent that you have not been disabled for more than five full calendary months.
    Sincerely,
    Jane

  • Dear Jamie,

    At the point of just filing for a hearing, your senator probably really can’t help out much. The senator is unlikely to be able to move you up in line right after you’ve filed the appeal.Your elected official is usually only helpful in situations where you have waited a lot longer than average for some action to take place. For example, if your hearing was not scheduled within the average wait time for your hearing office, then the senator’s assistance would likely be more helpful.

    Sincerely,
    Kay

  • Dear Xoxo,
    Social Security Disability (SSDI) is a federal program and is not different from state to state.
    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. So perhaps the difference in what you calculated and the amount you are being quoted now could be that you are not accounting for the unpaid waiting period, which is the first five months of disability. Another possibility is that you are counting all back pay months at the current 2017 rate, which is higher than the 2015 and 2016 rate because of a cost-of-living adjustment. In any event, you will receive a notice explaining how they figured your back and if you disagree with it file an appeal (reconsideration form SSA-561). Another person will review the file and make a new determination.
    Sincerely,
    Jane

  • Dear John,
    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security. If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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.
    If you were approved for Social Security Disability (SSDI), your SSDI claim will be sent to a central payment center, where they will double check that you were insured on the date of your established date of disability; calculate your benefit amount applying any offsets you might have, such SSI (see below), workers compensation, or public pension; and authorize payment. This can take two months or more. Back pay is typically paid a month or more after the first monthly benefit.
    If you were approved for Supplemental Security Income (SSI), your local Social Security office will calculate and authorize SSI payment. Before payment can be calculated, a financial update will be needed from you if your claim has been approved on appeal and even sometimes as an initial claim if it has pended a long time. The office will contact you for a financial update so that benefits can be calculated for past months. Usually you will be paid within a month of the update interview and submission of any requested documents.
    If you were approved for both, the SSDI benefit calculation will be deferred until the SSI calculation has been completed and will start a month to two months after SSI processing is complete. SSDI back benefits will be reduced by the amount of SSI benefits payable for the months in which SSDI and SSI eligibility overlaps. Typically SSI back pay is paid in up to three installments six months apart and the first two will not exceed $2,205. However, if after your Social Security starts, you are no longer eligible for SSI due to your ongoing SSDI benefit, you can request the remaining SSI installments to be released. Also, if you have a compelling need for more than the initial installment, you may also be able to get early partial release of part or all of later installments
    Sincerely,
    Jane

  • Dear Jamie,

    If your claim has been expedited for one reason, having additional reasons will not accelerate it more.

    Sincerely,
    Kay

  • Dear Adam,

    Is you were approved for Social Security Disability, benefits will begin to accrue January 2013. If you were approved for Supplemental Security Income (SSI) benefits will begin February 2014. The last month of back pay for both benefits is the month before the first monthly benefit payment.

    Sincerely,
    Kay

  • Dear Jamie,

    Your wife might be eligible to receive In-Home Support Service (IHSS) wages for providing you with care, which in turn limits her ability to be away from home. She can inquire about this at your closest state or county social services office. If you get utility shut-off notices or warnings, you can request expedited handling based on dire need; however, the wait time will still be extended.

    Sincerely,
    Kay

  • Dear TaurusMom,

    If the medical decision says that you have been disabled since you stopped work, your benefits should go back to that time given that it is less than twelve months before you applied for an Expedited Reinstatement. Your child will be paid for the same months that you are. How long it will take to get the regular payments started and the award letter issues is rather unpredictable even by the local office.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • You are welcome, Becky.

  • Dear Becky,
    Your Social Security Disability (SSDI) will go back to your date of onset. The first full five months will be considered your waiting period, which means the first month you are eligible for a check is November 2014. You will be eligible for payments from November 2014 – July 2017. You are eligible for Supplemental Security Income (SSI) payments the month after your application date, or April 2015. Most of the time SSI will be paid to you first and SSDI will be paid after it has been reduced for the windfall offset and the attorney, if you have one, has been paid.
    In your example, the windfall offset period would be from April 2015 – July 2017, if your SSDI is processed soon enough for payment on time for August. Otherwise, the offset period will end the month before the month your SSDI is first paid out.
    To provide an overview, you will receive the equivalent of the SSD back benefits, paid partially as SSDI and partially as SSI.
    In calculating your SSDI benefit, the gross SSDI (before taxes and Medicare premiums and before SSI offset) will be used in calculating the amount of attorney fees due and determining how much will be payable.
    No allowance is made for living expenses; but your living arrangements and expenses are reviewed to determine whether you are receiving in-kind income in the form of free shelter or food (other than SNAP or government housing assistance). Because someone has been paying for your shelter (and possibly food), it is likely that until your SSDI has actually started being paid, your SSI will be $490 in 2017 ($488 in July 2015 and 2016). The amount is based on your having only in-kind (non-cash) income in the form of shelter (and food if you had food assistance). These are the amounts that would be used in determining the amount of the SSI windfall offset.
    When the SSDI starts, your SSI payments will likely be suspended because the countable in-kind income of up to $245 together with your SSDI will exceed the federal SSI unearned income limit and possibly the SSI state supplement rate, if your state has one.
    After you begin to receive checks and are able to contribute toward the shelter costs, if you share housing or pay all your shelter costs and food costs if you live alone, your SSI checks can be increased (or reinstated if they are suspended.). Your share is the total shelter expenses (and food expenses if you share food) divided by the number of people in the household regardless of age. Shelter expenses are shelter utilities (power, heat, water/sewer, and garbage) and rent or mortgage, property tax, and if required by the lender property insurance. As soon as you start paying your own expenses, you can report the change and request reinstatement of or increase in SSI.
    If you can document your loan to show it is a real loan, Social Security will determine if the money you received is considered a loan. A loan is a transaction whereby one party advances money to, or on behalf of another party, who promises to repay the lender in full, with or without interest. The loan agreement may be written or oral, and must be enforceable under State law. The agreement must have been in effect at the time the loan was made. The agreement has to have a repayment plan and you may use anticipated income such as disability benefits to establish a plan for repayment of the loan as long as the loan states you will repay the money. Social Security will need to see documentation from you and the lender to determine if the loan is bonafide loan. Any amount you can establish as a loan will not be countable in-kind income in determining your SSI benefit.
    Sincerely,
    Jane

  • Dear Becky,
    Kay said you are welcome.
    Sincerely,
    Jane

  • Dear Jamie,

    I suggest that you and your attorney go over everything in your claim file so you can see whether any of your medical records are missing, including any cognitive and/or psychological testing you might have had. If anything is missing, your attorney can request it for your appeal.

    Sincerely,
    Kay

  • Dear Becky,

    If you applied for both Social Security Disability (SSDI) and Supplemental Security Income (SSI) on March 20, 2015, your SSI benefits will start with April 2015, the month after you applied and your SSDI will start November 2014, your sixth full calendar month of disability. Usually SSI is paid first and the amount per month is based on your actual income received in each of the months from April 2015 through the month before the SSDI is actually starts to be paid. Your SSDI will not be reduced for months before April 2015. Once the SSDI starts, the situation switches and your SSDI is paid in full and your SSI supplements it in the amounts you were told.

    Sincerely,
    Kay

  • Dear Becky,

    That is good news. your local Social Security office will calculate and authorize SSI payment. Before payment can be calculated, a financial update will be needed from you if your claim has been approved on appeal and even sometimes as an initial claim if it has pended a long time. The office will contact you for a financial update so that benefits can be calculated for past months. Usually you will be paid within a month of the update interview and submission of any requested documents.

    The SSDI benefit calculation will be deferred until the SSI calculation has been completed and will start a month to two months after SSI processing is complete. SSDI back benefits will be reduced by the amount of SSI benefits payable for the months in which SSDI and SSI eligibility overlaps.

    Typically SSI back pay is paid in up to three installments six months apart and the first two will not exceed $2,205. However, if after your Social Security starts, you are no longer eligible for SSI due to your ongoing SSDI benefit, you can request the remaining SSI installments to be released. Also, if you have a compelling need for more than the initial installment, you may also be able to get early partial release of part or all of later installments.

    Sincerely,
    Kay

  • Dear Twanya,

    You will receive Social Security Disability (SSDI) if you have been disabled for more than five full calendar months. If so, your SSDI back benefits will be reduced by the amount of SSI benefits paid to you for the months in which SSDI and SSI eligibility overlaps. You should get your first monthly SSDI benefit in the month following the month you got the SSI back pay. The SSDI back pay may take as much as two months or more after that to be released.

    Sincerely,
    Kay

  • Dear Derric,
    We cannot find the apparent reply you are referring to or your first post. Could you please, summarize the situation and the reply you are responding to. I will then try answer your questions.
    Sincerely,
    Jane

  • Dear Joe,
    Assuming that the claim that was just approved is the one you filed in 2011, your Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security.
    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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,
    Jane

  • Dear Confused,

    It’s not quite that simple. A child is disabled for SSI purposes if he or she has “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations and that can be expected to cause death or that have lasted or can be expected to last for a continuous period of not less than twelve months.”

    In its first evaluation step, the DDS evaluates whether your child has a physical or mental impairment that is medically determinable and whether it is severe enough to cause more than minimal functional limitations. If no impairment is supported or functional limitations are only minor, the claim will be denied.

    On the other hand, if your child has a severe impairment, then the review proceeds to the next step. In the next step, your child’s condition is compared to a list of illnesses with accompanying severity criteria that are considered disabling. These are found in Social Security’s Blue Book. If your child’s diagnosis and level of severity are in the listings or are medically equivalent to one of the listings, the claim will be approved. Dyslexia, while not specifically mentioned in the blue book, would likely be evaluated under the listing of 112.11 Neurodevelopmental disorders. If a child does not specifically meet a listing, the review moves to the next step, which is to determine whether your child’s level of impairment is functionally equal to the listing.

    If a child does not meet or equal a listing, the final step is for DDS to evaluate the effects of your child’s impairments on his or her ability to function at home, at school, and in the community. To perform the review, DDS considers questions such as how does the child function compared to unimpaired children of the same age, what kind of help and how much help does the child need to complete age-appropriate activities, and what are the effects of treatment on the child’s day-to-day functioning? Some of the functional abilities that are evaluated are attending to and completing tasks, interacting and relating with others, moving about and manipulating objects, and caring for oneself. If a child is severely limited in one category or markedly limited in two categories, they may be found disabled.

    Sincerely,
    Disability Adviser

  • Dear Jamie,

    Thanks for the update. Reconsideration appeals are usually successful only if new information is provided.

    Sincerely,
    Kay

  • Dear Chasey,

    Usually your back pay is received within 60 days of the date your were approved. Given that you were approved five months ago I would contact the local Social Security office to find out why the benefits haven’t been released yet.

    Sincerely,
    Jane

  • Dear Dennis,

    Social Security can only pay retroactive benefits back 12 months prior to your application date or in your case January 2016. Your five month waiting period will be July 2015 – December 2016. Your back payment will be from January 2016 – July 2017 reduced by SSI paid for February 2017 through July 2017.

    Sincerely,
    Jane

  • Der Tess
    You are welcome.
    Sincerely,
    Jane

  • Dear Very Worried,

    My suggestion is the same as Jane’s advice, which is to file an appeal contesting the amount of your July benefit. Make it clear that you did not move and that you paid past due rent including May’s. If you did not get food from your landlord, indicate that on the appeal as well. You could also submit a statement from the landlord about how long you resided there. Resubmit the documents showing you paid rent for May, but this time ask them to date stamp the documents and give you back a date-stamped copy. The basic form for the appeal is an SSA-561. You can get a copy at https://www.ssa.gov/forms/ssa-561.html

    Sincerely,
    Kay

  • Dear Curious,

    Miss Kay is sometimes out of the office, more in summer. Disability Advisor is now offering replies by others knowledgeable in Social Security and SSI, so you will see replies from Jane and from Disability Advisor part of the time.

    Sincerely,
    Kay

  • Dear Mah,

    Your claim(s) will be paid based on the current application date.

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security.

    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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

  • Dear Tess,
    Your Medicare will start in June 2018. If you only receive Social Security Disability (SSDI), the pension will not have an effect on your check. If you receive Supplemental Security Income (SSI), the pension withdrawal will cause your SSI to be reduce or stop depending on how much the withdrawals are.
    Sincerely,
    Jane

  • Dear A Andrew,
    After your Social Security starts and you are no longer eligible for SSI due to your ongoing Social Security Disability (SSDI) benefit, you can request the remaining SSI installments to be released.
    Sincerely,
    Jane

  • Dear Very Worried,

    You cannot have your benefits suspended on a whim. (And, no government employee should be rude as you have described.) Supplemental Security Income benefits can be suspended, if you fail to provide information needed to determine your continuing SSI eligibility. Before they can be suspended your check they must make a request in writing for necessary information. You will be given 30 days to provide this information and can be given more time if you needed. This is a reference to this regulation. https://secure.ssa.gov/poms.nsf/lnx/0502301235 If Social Security hasn’t requested any information or you haven’t failed to provide the information your checks can’t be suspended for failure to cooperate.
    If you did not move to a new location, your paying your May rent should entitle you to an increase in July. Unless you reported near the end of the month in May, there should have been time to increase your benefit for July; however, many offices are very busy and it could be your paperwork is really there and just hasn’t been processed. I recommend going to the office again, taking everything you submitted before, and briefly saying you were told on the phone that your paperwork shows you didn’t submit proof of payment May rent and that you won’t get an increase till August. If they say, yup, that’s true, then ask to appeal your payment amount for July. If you get stonewalled in the office ask to see a supervisor and explain the situation to him or her. Make it clear you did not move. If you did move on May 1, then it is correct that the increase would be in August.
    Sincerely,
    Jane

  • Dear Lasandra,
    You are welcome.
    Sincerely,
    Jane

  • Dear Please Help,
    You can file a formal appeal on form SSA-561 claiming that you are owed SSI at an unreduced rate for all the applicable back-pay months (list them) because you had a bonafide loan to reimburse for the housing you received. Attach all the same documentation you have already submitted and write down the explanations and reasons you have given in the past. SSA has to give you a written decision on the appeal.
    It would help your appeal if you were to repay some of what you owe because you did get some back pay, so presumably you could repay some of it. By making partial payment according to the terms of the loan–repayment upon getting approved–you would be demonstrating that the agreement was a real loan.
    If the appeal is denied, I recommend filing a request for hearing on a form SSA-501. That will get you a hearing before an administrative law judge. (At this point your attorney might be willing to represent you on contingency–25% of back pay.) You will have to wait a while for the hearing, but you should be able to get the decision overturned at hearing if it is not approve upon reconsideration.
    Sincerely,
    Kay

  • Dear Lasandra,
    If you filed for Supplemental Security Income (SSI) in 2014 and that claim was denied and all appeals were exhausted or you did not appeal, Social Security will not pay back pay for that claim. If you filed for your daughter again in October 2016 and the claim was approved with a disability date of October 2016 or earlier, she may be eligible for back payments beginning in November 2016 (or October 2016 if you applied for her on the first of October). Social Security will complete an update to determine if she meets all the income and resource limits for each month from October 2016 until now. She will then receive payments for any months she was eligible.
    Sincerely,
    Jane

  • Dear Scott Clancy,
    Social Security has made an overpayment on your SSI benefit. In order to recover it, they are taking it out of your SSDI back pay. This is not unusual when there is back pay on both claims. Because there are income/resource limitations on the SSI claim, there is an urgency to get the money out as soon as possible on that portion of the back pay. You will receive the full amount for each month as if there was no other benefit for that month.
    Next the SSDI back pay is figured. They go back and calculate how much SSI you would have received if the SSDI Benefit had been paid in that month. Many times the SSI benefit would have been less when you add them together. I’m sorry to say you will not receive the withheld amount from your SSDI back pay. If I didn’t explain this well, please follow up with me.
    Sincerely,
    Ruth Dobbins

  • Dear Scott,

    A windfall offset occurs when a person is eligible for two federal disability benefits for the same period of time. Windfall offset means that one benefit will be reduced by the amount of the other that has been paid or is scheduled to be paid for the same month(s). Windfall offset applies to people who are eligible for Social Security Disability (SSDI) and SSI back pay for the same months. The offset is used to keep people from getting more benefits than they would have if both SSI and Social Security had been paid on time in the months for which they were due. Usually, SSI is paid in full or scheduled to be paid in installments (see below), and then the SSDI back-pay benefits are reduced by the amount of the SSI payable for the same months.SSI back pay never includes retroactive benefits, that is, SSI does not pay for benefits for months before the month of application. Benefits will 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. Back pay ends the month before the first monthly benefit is paid. The amount you receive will depend on how many months there are between when benefits start to accrue and when your monthly SSI starts and on how much you are eligible for each month based on your countable income.

    Social Security is withholding the $21,315.51 to determine if you will be eligible for Supplemental Security Income (SSI) benefits. If you were eligible for SSI you should receive a back payment from that program. Before a back payment can be release the Social Security Office will need to conduct an interview to determine how much is payable. They will ask questions about any income you may have received during this time and your resources.
    After this decision a determination will be made how much they should have withheld from Social Security Disability (SSDI) check. If you are due any additional money it will be paid at that time. If you weren’t due any benefits from the SSI program the $20,668.49 will be released. This can take up to 60 days.

    Sincerely,
    Jane

    I

  • Dear Christina,

    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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.
    If you were approved for Supplemental Security Income (SSI), your local Social Security office will calculate and authorize SSI payment. Before payment can be calculated, a financial update will be needed from you if your claim has been approved on appeal and even sometimes as an initial claim if it has pended a long time. The office will contact you for a financial update so that benefits can be calculated for past months. Usually you will be paid within a month of the update interview and submission of any requested documents.

    Sincerely,
    Jane

  • Dear Jaquie,

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security.

    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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

  • Dear Natasha,

    Your child is likely to be approved if her physicians are indicating that her serious health issues are expected to last for twelve months from birth. The DirectExpress card should not be issued until a medical approval has been made; however, it seems occasionally the card gets issued before medical approval. I suggest you check with your local office.

    Sincerely,
    Kay

  • Dear Please Help,

    Please see my response of a few minutes ago to your last post. You can get the reconsideration form SSA-561 at https://www.ssa.gov/forms/ssa-561.html. Be sure to keep a copy of everything you submit and request a copy of the SSA-561 after it has been date-stamped as receive. You will need to complete an SSA-827, which is permission for SSA to gather information. The office should have a ready supply of those forms.

    Sincerely,
    Kay

  • Dear Please Help,

    You can file a formal appeal on form SSA-561 claiming that you are owed SSI at an unreduced rate for all the applicable back-pay months (list them) because you had a bonafide loan to reimburse for the housing you received. Attach all the same documentation you have already submitted and write down the explanations and reasons you have given in the past. SSA has to give you a written decision on the appeal.

    It would help your appeal if you were to repay some of what you owe because you did get some back pay, so presumably you could repay some of it. By making partial payment according to the terms of the loan–repayment upon getting approved–you would be demonstrating that the agreement was a real loan.

    If the appeal is denied, I recommend filing a request for hearing on a form SSA-501. That will get you a hearing before an administrative law judge. (At this point your attorney might be willing to represent you on contingency–25% of back pay.) You will have to wait a while for the hearing, but you should be able to get the decision overturned at hearing if it is not approve upon reconsideration.

    Sincerely,
    Kay

  • Dear JPToms,

    I think you mean if SSDI repays SDI. If that is what you mean, yes, if the amounts happened to be nearly identical you would not receive back pay. Once the SDI ends, your Social Security would continue unreduced.

    Sincerely,
    Kay

  • Dear Judy,

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability as established by Social Security.

    Sincerely,
    Kay

  • You are welcome, Candace.

  • Dear Donnie,

    Your niece could start with a discussion with the child’s father to request that he give her half the money to cover the child’s expenses when she is with her. If that is unsuccessful, she could discuss the situation with Social Security and apply to be the child’s payee. If she is made payee, then she would need to give half the funds to the child’s father.

    Sincerely,
    Kay

  • Dear Candace,

    Yes, you can ask to have the full SSI back pay released now.

    Sincerely,
    Kay

  • Dear JPToms,

    Your unpaid five-month waiting period would be May through September. Eligibility for state disability insurance (SDI) and SSDI will be overlapping. The law requires that SSA withhold money from your SSDI back pay to repay SDI for the months in which benefits overlapped.

    Sincerely,
    Kay

  • Dear Jessica,

    Dyslexia is a condition that a person is born with; that is probably the reason that the representative put your child’s birth date as the date of disability. Somewhere in the application papers, it should show the kindergarten date (at least the year) when he was diagnosed.

    Sincerely,
    Kay

  • Dear Jimmy,

    Medicare entitlement begins after you have eligible for twenty-four months of benefits so the first twenty-four months will be the gross amount with no Medicare premiums withheld. The remaining months will be paid at the net amount after the premium has been withheld.

    Sincerely,
    Kay

  • Dear Ortavia,

    If your son’s back pay is Supplemental Security Income (SSI), you should receive the first installment within a month of the first monthly benefit.

    Sincerely,
    Kay

  • Dear Candace,
    , you can receive SSI for months before SSDI actually is paid.

    Sincerely,
    Kay

  • Dear Candace,

    Depending on how many months or years the SSDI back pay is covering it can take from two to four or five months to get the back pay. If you have not received it by the end of July, I suggest asking the local office to initiate a manager-to-manager call to the payment center.

    Sincerely,
    Kay

  • You are welcome, Jamie. Let us know how it turns out.

  • Dear Jamie,

    If a decision has not been made on your reconsideration appeal, I would think that you should submit everything you have that supports your disability now because you want to get approved at reconsideration if at all possible so that you do not have to wait a year or more for a hearing at the next appeal level. If you submit it, be sure to keep a copy or the original.

    Sincerely,
    Kay

  • Dear Ruby,

    The Social Security Disability (SSDI) back pay you are eligible to receive is based on the SSDI rate, $1,300 in your example, reduced by the attorneys fees and reduced again by the the retirement benefits ($1,000 monthly in your example) that you have already received for the same months as you are eligible for SSDI.

    Sincerely,
    Kay

  • Dear Kristin,

    Comments and questions are not posted until they are answered. Yours was answered yesterday.

    Sincerely,
    Kay

  • Dear Michelle,

    Given that your Social Security is low enough for you to qualify for SSI, it is also low enough that your children, who apparently receive SSI, will not have any change in their benefit amounts unless your Social Security coverage is sufficient to pay them Social Security dependent benefits.

    Sincerely,
    Kay

  • Dear Jamie,

    It is much better to have an opportunity to be approved on reconsideration because it does not involve waiting for a year or more for a hearing date.

    Sincerely,
    Kay

  • Dear T.M.,

    If your son’s work history is sufficient for him to be insured for dependent benefits, his children will be paid for the same months he is, but he does need to file an application for them after he is approved.

    Sincerely,
    Kay

  • Dear Anna,

    You will be paid the Supplemental Security Income (SSI) back pay first. If your Social Security Disability (SSDI) is more than the SSI per month, you will receive SSDI back pay, but it will be reduced by the amount of SSI paid for any overlapping months.

    Sincerely,
    Kay

  • Dear Darnesha,

    If your son was approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied for him or the sixth full calendar month of disability, as established by Social Security.

    If your son was approved for Supplemental Security Income (SSI) and his established disability date is prior to application, his benefits will 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

  • Dear Austin,

    What is probably going on is lack of organization in the office so that what you are sending in is not getting associated with your son’s claim or somehow not getting updated as verified in the computer record of the claim.

    Sincerely,
    Kay

  • Dear Amanda,

    The children’s benefit may take from one to three or four months to start.

    Sincerely,
    Kay

  • Dear Laura,

    Supplemental Security Income (SSI) disability benefits begin the month after the month of application unless the application was filed on the first of the month in which case benefits would begin with the month of application. There is no retroactivity.

    Sincerely,
    Kay

  • You are welcome, Sue.

  • Dear Sue,

    For Social Security Disability (SSDI), what is in question is whether or not you have worked and, if so, how much your work earnings were. Because the retirement incentive is being paid for you to retire (to not work), the money deposited to the account should not affect your SSDI in any way. The tax status of the withdrawals also does not make the withdrawals current work earnings. You will likely receive a special 1099 for withdrawal of retirement funds so the withdrawals will not be reported to the IRS as work.

    Sincerely,
    Kay

  • Dear Chris,

    Yes, there are different rules for special needs trusts. Such a trust can count as a resource in some circumstances and, if not, withdrawals count count as income under certain circumstances. Please refer to my recent response to the first of your three posts on the same day.

    Sincerely,
    Kay

  • Dear Chris,

    Please see my response of a moment ago to your last post. If your son’s money did not fund the trust and you withdrew the money and bought the car without giving him the money, it may not be counted as income. Even if it does, the withdrawal should not cause your son to be ineligible ongoing. Note, though, that Medicaid has some different rules. Also there are some special rules that apply to individuals who serves as representative payees for the beneficiary of the trust. Social Security asks that the rep payee contact them for guidance.; however, because the withdrawal has already happened, at this point, you will just have to present a copy of the trust and see how they rule.

    Sincerely,
    Kay

  • Dear Chris,

    In some circumstances, withdrawals from a trust that are used for items other than food and shelter do not count as income for calculating Supplemental Security Income (SSI) payments. Whether or not withdrawals count as income depends on the kind of trust, whose money funded the trust, the purpose for which it was withdrawn and to whom the money was paid out (to the SSI recipient or to a third party to provide certain things for the SSI recipient). Also, Medicaid has some rules that are different with regard to trusts. You can read about SSI and trusts at https://www.ssa.gov/ssi/spotlights/spot-trusts.htm and related links and also about special needs trusts in an article under the Disability Resources tab at the top of this webpage, but I suggest that you take the trust document to Social Security to get a determination before making withdrawals..

    Sincerely,
    Kay

  • Dear Sue,

    If your wages from the school district were subject to Social Security taxes, which they probably were given that you are eligible for Social Security Disability (SSDI), then taking a retirement pension benefit will not affect your SSDI benefit. If they were not taxed for Social Security, then a monthly pension benefit will cause a reduction in SSDI if the two benefits exceed 80% of your Average Monthly Earnings as determined by the Social Security Administration. If no monthly pension is involved, then even if the wages weren’t subject to FICA taxes, there might be no offset.

    Sincerely,
    Kay

  • Dear Chris,

    If the withdrawal from the trust counts as income, it will count only in the month that is was withdrawn. If you bought the car in the same month, the funds will affect only that one month. And, yes, take the documents that show the withdrawal from the trust and the purchase of the car.

    Sincerely,
    Kay

  • Dear Mark,

    Apparently, the approval decision included a determination that medical evidence did not support that you were disabled until very recently.

    Sincerely,
    Kay

  • Dear Jamie,

    Social Security and the VA use different criteria to determine disability and Social Security does not adopt VA decision. Even so, I would submit the document to DDS and try to get a copy of the medical documentation on which the VA based their decision if you can get access to it and submit that.

    Sincerely,
    Kay

  • Dear Neish,

    It would appear that the date of disability that has been established for you is sometime in March 2017, the month you applied. I say this because Social Security Disability (SSDI) has an unpaid, five-calendar-month waiting period, which would be April 2017 through August 2017. If this the case, no SSDI back pay is due. The March 2017 disability date could possibly be due to your working and earning more than $1,090 per month in 2015, $1,130 in 2016 and $1,170 in 2017. If you did not work in 2017 but received sick pay or short-term disability benefits, it is possible that Social Security has mistakenly identified that compensation for work activity in 2017. When you get your approval letter, if you do not agree with the disability onset date that was determined, you can appeal. The SSI application should be paid for months beginning with April 2017.

    Sincerely,
    Kay

  • Dear Myra,

    Yes, your SSDI will be offset (reduced) for California SDI paid for the same period.

    Sincerely,
    Kay

  • Dear Mike,

    I think you are saying that Social Security does not have all your work recorded in your earnings history. If that is the case and you have proof of your work such as pay stubs or W-2 forms, yes, you can submit them now and reapply for Social Security Disability (SSDI) based on your corrected, full earnings record.

    Sincerely,
    Kay

  • Dear Matilda,

    First become clear on the months for which benefits were due; then if you still think you have not been paid all your back pay, take your award letter(s) to your New Jersey office and ask them for a status on your getting the rest.

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security.

    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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.

    If you were approved for both, SSDI back pay will not be processed until SSI benefits have been calculated because SSDI back benefits are reduced by SSI payable for the same months. Also note that if SSI back pay exceeds $2,205, it will be paid in three installments six months apart.

    Sincerely,
    Kay

  • Dear Sharee,

    I don’t know why there would be no status on a Supplemental Security Income (SSI) claim. I suggest you contact Social Security to request a status.

    Sincerely,
    Kay

  • Dear Danielle,

    I assume you are referring to SSI benefits paid to a Dedicated Account. If so and if she is not expected to become eligible for SSI again, you can use the money in any way to her benefit. However, if there is a chance that she will go back on SSI because family income drops or because when she turns eighteen and the family’s income no longer counts, then it would be best to continue to follow the Dedicated Account rules and use the money only for services related to her disability or for educational expenses such as college or trade school. Keep a receipt for how any of the money is spent.

    Sincerely,
    Kay

  • Dear Scott,

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security.

    If you are approved for Supplemental Security Income (SSI) and your established disability date is prior to your application date, your benefits will 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

  • Dear Friend,

    Your SSI back pay will not be affected by going back to work, but you do need to report the work so that your current benefits can be recalculated.

    Sincerely,
    Kay

  • Dear Katie,

    You would not get any retroactive payments because there would have been no interruption in payment.

    Sincerely,
    Kay

  • Dear Jean,

    If you are applying for benefits based on the same medical condition, there is no five-month unpaid waiting period because you will have become disabled due to the same condition within five years of the termination of your benefits.

    Sincerely,
    Kay

  • Dear Kayla,

    If you are approved for Supplemental Security Income (SSI), your benefits will 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

  • Dear Sharee,

    As I understand the information you gave previously, Social Security has already medically approved you for benefits. This usually involves a physician review of your medical records; it does not always require your seeing a doctor.

    Sincerely,
    Kay

  • Dear Keshone,

    Your friend will not get back pay; the law does not allow for payment during any period of payment suspension for imprisonment.

    Sincerely,
    Kay

  • Thank you for the update, Sharee.

  • Dear Sharee,

    Eligible can mean the same thing as approved, but not always. Please give me some context for your question so I can respond. If you got notification saying you were eligible, please tell me how it was worded so I can respond.

    Sincerely,
    Kay

    • Tina Killingsworth

      Hello Kay,
      I have a question. I was born with a hip displasia and I also have bipolar, pstd, and personality disorder with schizophrenia.
      I was never approved for my physical disability, only my mental. So how can I include my physical and get my benefits for my physical added with my other benefits.

      • Dear Tina,

        Once you are approved for benefits, your benefits will not be increased due to new conditions or conditions that were not previously considered. When your claim comes up for a continuing disability review, at that time list all your mental and physical conditions and limitations and the medical providers you have seen for all of the conditions in the couple of years before the review. That way all your conditions will be considered when your claim is re-evaluated to determine whether you are still disabled.

        Sincerely,
        Kay

  • Dear Dame43,

    Apparently the long-term disability (LTD) policy is like most LTD policies in that it reduces LTD benefits by other disability benefits and pensions and for retirement benefits filed for after disability began. If so, the policy premiums were priced based on these anticipated reductions. If the policy did not offset (reduce) LTD by the other benefits the premiums would have been much higher.

    If he applies now for retirement benefits, the benefits will probably also cause a reduction in LTD, but you should check the policy and/or with the company to be sure. The pension will not reduce your husband’s Social Security Disability (SSDI) if his employer was not a public (government entity) employer. If the pension is based on public employment, the pension will reduce the Social Security only if the pension is based on work that was not also taxed for Social Security and the pension and SSDI together exceed 80% of his average monthly earnings as established by Social Security. Your husband’s LTD is likely to stop when he reaches full retirement age, but Social Security and the pension will continue as lifetime benefits.

    Your husband will be eligible for Medicare after he has received twenty-four months of SSDI benefits including any back pay months. If Medicare does not start by the time his current insurance ends, he will have a sixty-day personal open enrollment period to enroll in an insurance under the Affordable Care Act (ACA). The ACA may provide him with a government subsidy to help pay for premiums. More information is available at http://www.healthcare.gov.

    Sincerely,
    Kay

  • Dear Alayna,

    This response is to both your posts. If you were not performing substantial gainful activity (SGA) in the jobs, you can claim the date you first stopped working due to your health. (In 2014 $1,070 gross wages indicated SGA; in 2015, $1,090; in 2016, $1,130 and in 2017, $1,170.) If on the other hand you were working at the SGA level, you can claim disability when you stopped working in the last job that lasted longer than six months. List all later jobs as unsuccessful work attempts and explain that you left each going on medical leave for the same medical condition.

    To be eligible for Social Security Disability (SSDI), you have to have been disabled or expected to be disabled for twelve months. (Unsuccessful work attempts do not make the clock start over in counting up twelve months.) If approved, benefits will continue as long as you are disabled.

    Sincerely,
    Kay

  • Dear John,

    Double check with your girlfriend that she has been approved for SSDI (Social Security Disability.) If she has, she can spend the money on anything she wants or save it all. If, however, she has actually been approved for SSI (Supplemental Security Income) SSI, the back pay starts to count toward a $2,000 resource (asset) limit on the first of the ninth month after she receives it. She can use it for a down payment on excluded resource and not have the item she purchased count toward the resource limit. Such items are a home to live in one car, a burial policy not to exceed $1,500, and a burial plot. Otherwise, she can spend it on whatever she needs or wants: pay off debts, dental or vision care, clothing, household furnishings and supplies, a vacation. She cannot give it away. She should keep receipts for everything that is spent so she can prove that she drops to the $2,000 before nine months.

    Sincerely,
    Kay

  • Dear Kimmie,

    The order of processing your claim is not typical. What I wrote to you earlier today is my best assessment of what might be going on. If I am correct, part of your back pay will come from SSI and the SSI back pay will not be offset (reduced) by SSDI.

    Sincerely,
    Kay

  • You are welcome, Juliette.

  • Dear Kennia,

    If your Social Security Disability (SSD aka SSDI) claim was denied because you do not have enough work credits to be insured for SSD and not denied medically, it is possible that you could be approved for Supplemental Security Income (SSI). Your eligibility will depend on how severe your myopathy is and how good a job you do in submitting medical records that show your limitations.

    Because it can take from two to five months to get a decision and because you are young, I recommend that at the same time as your SSI claim is being processed, you apply for services from your state’s Department of Vocational Rehabilitation to see whether you qualify for training for an occupation that you could perform with your medical limitation. If the evaluation is that your health is not good enough for them to provide services, that report would help your claim. If you can get training, it would help you to support yourself if your claim is denied.

    Sincerely,
    Kay

  • Dear Jamie,

    Your attorney will be able to sort out what is the most important evidence for your appeal.

    Sincerely,
    Kay

  • Dear Turby,

    The number of months of back pay will depend on your date of disability onset as established by the Social Security Administration. Social Security Disability (SSD aka SSDI) benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security.

    Sincerely,
    Kay

  • Kimmie

    Hello can someone please help me I was approved fully favorable EOD 2/18/2013 for SSDI & SSI my SSDI monthly payment is showing on the website plus the date of my 1st SSDI payment along with a one time payment from SSDI which cant be the back pay because of the small amount $3700 ! Plus my SSI is still processing and I haven’t received any award letter yet but was told the one time payment which SSDI was released and I should have within 3 days and my SSI still being work!

    • Dear Kimmie,

      As you get more information and share it, my opinion on your situation changes. I think that even though you are being paid Social Security Disability (SSDI) first, that your back pay is being offset (reduced by) Supplemental Security Income (SSI) that has been calculated but not released. However, my analysis is still supposition. I recommend that you contact your local Social Security office for an explanation of your two claims.

      Sincerely,
      Kay

  • Dear Juliette,

    The award letter should be coming soon. Medicare premiums start after receipt of twenty-four months of Social Security Disability benefits including back pay, so most of our back pay will not have Medicare premiums deducted. The exact amount for months in years prior to 2017, will be slightly less than your current $1,288 rate because a couple of the years had small cost-of-living adjustments to bring your original benefit up to the current rate.

    Sincerely,
    Kay

  • You are welcome, Lani.

  • Dear Jamie,

    Social Security does not adopt VA determinations of disability. Changes in rules came into effect on April 1 that specifically state that SSA will not simply adopt a VA decision. They do consider any evidence you submitted to the VA and also submit for your SSDI claim.

    Sincerely,
    Kay

  • Dear Jaime,

    Yes, your daughter’s benefit may be sent separately from yours. You should receive an award letter itemizing the payment you received. Note that if you had an attorney, the attorney fees of 25% up to $6,000 would have been withheld both from your benefit and from your daughter’s.

    Sincerely,
    Kay

  • Dear Sheyla,

    For SSI, you are required to report by the tenth of the month following receipt of the money. For SSDI, you want to report as soon as possible so that your first check is paid in the correct amout.

    Sincerely,
    Kay

  • Dear Sheyla,

    The status pretty much says it all. A medical decision has been made and additional work is in progress to either send a denial letter or review the non-medical eligibility factors and calculate benefits. The decision could be an approval or a denial. You should know more within ten days or so.

    Sincerely,
    Kay

  • Oops. You posted the same comment twice. Please see my response to your first post.

    Thank you,
    Kay

  • Dear Lani,

    If the back pay covers through the month of February (payable in March), you will receive the March benefit on the third Wednesday of April. If the back pay is through March, then you will not receive a monthly benefit in April because your April benefit will be paid in May. Hopefully payments will go into your bank account, but watch both the account and your mailbox.

    Sincerely,
    Kay

  • Dear Mark,

    The first thing that has to happen is for you to be approved medically. Once that has happened your benefit amount will be calculated. I can tell you the period of time for which benefits will be paid, but not the amount of back pay.

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security. If you are approved for Supplemental Security Income (SSI), your benefits will 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

  • Dear Lisa,

    The delay is likely due to understaffing and subsequent backlogs of claims.

    Sincerely,
    Kay

  • Dear James,

    If you really feel you cannot work, your next step is to request a copy of your claim file and hire an experienced Social Security attorney to help you appeal the denial.

    Sincerely,
    Kay

    • Jamie Frei

      Working on it I’m working with the Wounded WArriors program setting me up with someone from Jacksonlewis and I have in my hands my Exam copy and I have copies of everything else. WhAt else might there be and how do I request a copy

      • Dear Jamie,

        You can request a copy of your claim file from your local office. I suggest that you confer with your attorney regarding the strategy for your appeal.

        Sincerely,
        Kay

        • Jamie Frei

          I haven’t meet who it will be yet I just have been reading about ODAR making copies of
          The File on CD

        • Jamie Frei

          But yes I will talk to see
          What they think I should do I’m now being treated for another residual with Ritalin hence it’s 220 AM and I’m up dx adjustment disorder due to
          TBI

  • You are welcome, Tia J.

  • Dear Butch,

    Please tell me what you mean by disability services and I will try to respond.

    Sincerely,
    Kay

  • Dear Jamie,

    If the claim were routed back for more work, it would not go through the local office.

    Sincerely,
    Kay

  • Dear Ellen,

    Yes, you will have to repay state disability insurance paid for the same period as Social Security Disability (SSDI).

    Sincerely,
    Kay

  • Tia j

    Hi, I was recently told that with my disability I owe the state bcuz I received ssi back pay…is there a way I can get that money it makes no sense I went a whole year without income…is their something I can do

    • Dear Tia J.,

      I am not knowledgeable about the repayment rules for assistance from the various states. You could ask for a copy of the regulations to be sure that what you are being told is correct. I can tell you that Supplemental Security Income (SSI) back pay is reduced for interim assistance from most states, but that offset is done before the SSI back pay is issued.

      Sincerely,
      Kay

  • Dear Jamie,

    The status does not reveal whether or not your claim has been medically approved. It is an indication that you should know within a week to ten days.

    Sincerely,
    Kay

    • Jamie Frei

      Visited the adjudicator she said unless they change her decision I shouldn’t worry but legally she can’t tell me just not to worry I will find out tomorrow when they are open they close early on Wednesdays talk about living me in limbo

      • Dear Jamie,

        It is unlikely you will be told the final decision over the phone because there is a policy against doing so. However, the examiner has all but said your claim will be approved if the reviewing physician agrees with her determination.

        Sincerely,
        Kay

  • Dear Jamie,

    If the representative thinks your conditions meet the listings and the doctor agrees, your claim will be approved.

    Sincerely,
    Kay

    • Jamie Frei

      I asked her what listings she used to ask the doctor but I never asked if it was approved in her eyes… I hate forgetting what I’m asking when I need to ask? Again thank you for all of your words of wisdom

  • marta

    I got a lawyer on sept 2016 and and after talking to ssdi processor they said it wasn’t started until Jan 2017 ,does it usually take that long or did my lawyer drop the ball for 4 months .

    • Dear Marta,

      Please ask your question again telling me what wasn’t started until January 2017. When I have that information, I will try to respond.

      Sincerely,
      Kay

  • Dear Gregory,

    The time frame you were given is probably an estimate; it could take less or more time. You can keep checking online watching for a specific dollar amount and date of payment.

    Sincerely,
    Kay

  • You are welcome, Jamie.

  • Dear Guana,

    Please provide some additional information so that I can respond.
    1. What is the date of the application that was approved?
    2. What date of disability onset did Social Security establish for you?
    3. Were you approved for both Social Security Disability (SSDI) and Supplemental Security Income (SSI)?
    4. If so, which payment are you referring to as $1,500, SSDI or SSI?
    5. If you were not approved for both, which one were you approved for?
    6. Were you getting public assistance while your claim was being processed? If so, what kind?

    Thank you,
    Kay

  • Dear Aiesha,

    A mistake has likely been made. Either the representative gave you an incorrect figure or the wrong amount was authorized. I suggest that you contact Social Security to get clarification of the situation. Alternatively, if you have the original award letter with the total back pay due, you can add up all the payments to see if they total the amount shown in the letter.

    Sincerely,
    Kay

  • Dear Brittany,

    What your father is being told is that he does not have proof of disability before a certain date and that if he accepts the later date of disability, his claim will be approved. One common situation in which that happens is when a person turns age fifty or age fifty-five, at which points in time the evaluation of disability changes slightly. Another situation in which a later date of disability is offered established is when a condition worsens.

    Sincerely,
    Kay

  • Dear James,

    The report does go over some objective findings and documents the details of a severe head injury, which is supportive of your claim. To the extent that the report seems to just be a history taken from you about your memory and brain function instead of the results of cognitive testing, I do not know how much it will help your claim.

    Sincerely,
    Kay

    • Jamie Frei

      This exam was the one that SSA sent me for for DDS to evaluate me

      • Dear Jamie,

        The test reports you have posted and the vocational assessment as your report it indicate you may be approved.

        Sincerely,
        Kay

    • Jamie Frei

      This time the DDS audjucator maybe gave me a hint. I said may I get a copy of the exam you sent me to she said sure when I handed my neuropsych into here. When she came back to hand it to me I said this is for in case I need to get someone else involved she looked at me and said don’t worry about it I lll be working on it again and have it sent to the SSA doctor for the final evaluation. Hopefully a good sign but my fingers are still crossed..

      • Dear Jamie,

        It sounds promising.

        Sincerely,
        Kay

  • Dear Jamie,

    What is of issue is whether or not you can work in a new occupation. Hopefully, the report also outlined what your cognitive and emotional difficulties are. As long as the cause or causes are diagnosed, it does not really matter what they are, so the neuropyschological exam’s resulting in the identification of multiple diagnoses is not in and of itself a problem.

    Sincerely,
    Kay

  • Dear Megan,

    Despite the ambiguous online status and benefit letter verification, as noted in my previous reply, the remark that you would be receiving a call is a strong indication that you have been medically approved for benefits.

    Sincerely,
    Kay

  • Dear Lindsy,

    If your son’s father is getting back pay, your son will also. You can get clarification from the representative who called you.

    Sincerely,
    Kay

  • Dear Kisha,

    When the person you are writing about has a definite release date, application to restart benefits can be made as much as three months ahead of time. If he was receiving Supplemental Security Income (SSI), he will have to file a new application with proof of current disability. If he was receiving Social Security Disability (SSD aka SSDI) and his claim has not come up for a continuing disability review, he can probably have benefits started without providing medical documentation of continuing disability. He will not receive any back pay for the time he was incarcerated. It can take a few months to get payments started, so applying prior to release is advisable.

    Sincerely,
    Kay

  • Dear Big Fred,

    I can see how that could be confusing. Social Security pays a maximum of twelve months retroactively, which means twelve months before application. The actual point at which benefits begin to accrue is the later of twelve months before application or the sixth full calendar month of disability. In your case, the five-month waiting period is January through May 2015 and the sixth calendar month of disability is June 2015. Twelve months before your application is December 2015, which is later than June 2015. Accordingly, your benefits will begin to accrue December 2015.

    Sincerely,
    Kay

    • 1hottboyy2

      Hi Kay,

      I just received a letter stating “That I meet the medical condition for disability, but have to wait to finalize whether or not i meet the non-medical condition”. What does that mean.

      Additionally, the letter stated that SS “has established a beginning date for my disability of 03/14/2013.

      If that is true, like “Big Fred” ~ My initial application was submitted October 16, 2016. The medical determination letter came March 2017.

      Hypothetically: If my award letter arrives and states that I am to receive $1000 per month in SSDI.
      1. When would I expect the FIRST SSDI payment to begin?
      2. What date or time frame would the calculation for back pay start. And what would be the “accrued” amounts: (provide exam please)!
      3. Will the $1000 be reduced because of my VA or Military Retirement pension? Thanks in advance..

      1hottboyy2

      • Dear 1hottboyy2,

        The letter you received is telling you that your claim is being double-checked to see that you have enough work credits to be insured and is being reviewed to calculate and authorize your benefits. Once that has been completed, your claim will be approved and payment sent. To answer your other questions:
        1. How long the wait is for benefits to start varies quite a bit, ranging from one to two months for monthly benefits to be released and a couple months or more longer for back pay.
        2. Your benefits begin to accrue October 2015, twelve months before your application. Using your example of $1,000 a month, if your monthly benefit starts in June (paid in July), you would have back pay from October 2015 through May 2017, which is twenty months or $20,000.
        3. There is no offset for VA pension, but your VA pension (not compensation) might be reduced or stop with Social Security starts. There will be no offset for military retirement benefits if you military earnings were taxed for Social Security (FICA taxes).

        Sincerely,
        Kay

  • Dear Megan,

    The online status will change only if someone updates it. Either the verbal information about a decision being made was incorrect or a decision was made and then selected for a quality assurance review so that whatever the decision was it is not finalized. If the information was an error, the online status would not be updated. Same could be true if the review was initiated quickly after the decision before any update was done.

    Sincerely,
    Kay

  • Dear Shirlene,

    Social Security Disability (SSD aka SSDI) benefits can be offset (reduced) by certain other benefits that are paid for the same months. These benefits include workers compensation period and lump sum payments, certain government pensions, state disability insurance (SDI) from the few states that pay SDI, and Supplemental Security Income (SSI). When these other benefits are involved the calculation of SSD benefits takes longer. If you don’t receive payment by the end of April, you can ask your local office to send a status inquiry to the payment center.

    Sincerely,
    Kay

  • You are welcome. (And please see my reply to your last comment posted the same day as this one.)

  • Dear Jamie,

    What you describe sounds like normal processing. Many claims undergo physician review before finalization of the claims examiner’s decision.

    Sincerely,
    Kay

  • Dear Jamie,

    The person in the best position to give an estimated time frame for the physician review is the claims examiner, so there is not reason to question her estimate. Just keep in mind that it is an estimate.

    Sincerely,
    Kay

  • Dear Janet,

    If you became disabled on March 3, 2017, you will have no Social Security back pay because the first five full-calendar months of disability are not eligible for benefits. For you that would be April through August 2017. (Supplemental Security Income (SSI), which you say you are not getting, would have back pay to the later of the date your disability began or the month after you applied.)

    Sincerely,
    Kay

  • Dear Kay2324,

    If you are eligible for back pay, your children will be also. They are eligible for payment in the same months as you. You do need to complete applications for them, however,

    Sincerely,
    Kay

  • Dear Jamie,

    That is okay. You have submitted the report to DDS, so they have the information to consider for their opinion.

    Sincerely,
    Kay

  • Dear Jamie,

    It is possible that your claim will be approved. If not the claims examiner’s advice is good.

    Sincerely,
    Kay

  • Dear Jamie,

    I would say that you got mixed messages, so I can’t tell what the outcome might be based on your conversation. However, your having submitted a supportive vocational analysis is a positive factor that could result in an approval.

    Sincerely,
    Kay

  • Dear Simone,

    If the SSDI is too high for continuing SSI benefits, as soon as the SSDI starts and SSI stops, you can request the remainder of the SSI back pay be released all at once. The SSDI back pay to the extent there is back pay after SSI offset will not be held up waiting for the installment payments.

    You can refuse SSI ongoing. To cancel a claim retroactively, which would be required in order to cancel the installment payments, you would probably have to return the SSI already paid to you. Also note that there may be a tax advantage to receiving part of your back pay in SSI because SSI is not taxable and part of SSDI is taxable if your income is above $25,000 or $32,000 if married and filing taxes jointly, which you might find it was with a large amount of back SSDI being paid.

    Sincerely,
    Kay

  • Dear Shaniell,

    What you have been told is correct. The law requires large back payments owed to disabled minor children to be reserved for needs related to disability, education, and/or rehabilitation. You can read about the approved uses of funds in Dedicated Accounts at https://www.ssa.gov/kc/rp_accounts.htm. If you use the money for other things, your son’s regular monthly benefits will be withheld ion the same amount as you inappropriately used from the Dedicated Account. If you do use some of the funds, keep receipts to prove the use.

    Sincerely,
    Kay

  • Dear Jamie,

    As you describe the consultant’s comments, I would expect that his report will be favorable to your claim.

    Sincerely,
    Kay

  • Dear Nicole,

    Please see my response to your first post. I don’t understand the explanation that your mother was given. I suggest that your mother ask again and request more details in the answer.

    Sincerely,
    Kay

  • Dear Nicole,

    Perhaps the letter says that your mom was found to be disabled since November 2016. If that is the case, Social Security Disability (SSD) would begin May 2017 (paid in June) because the first five months of disability are not paid. If this explanation does seem to match the situation, I suggest she take the letter to her local office and ask for an explanation.

    Sincerely,
    Kay

  • Dear Simone,

    Yes, you can request release of the balance. Submit the request in writing to your local Social Security office.

    Sincerely,
    Kay

  • Dear 2017tbt,

    Usually benefits due on a weekend are paid the Friday before. However, because a payment on April 2 would not be a regular monthly payment, it is possible that it will not be paid until Monday the 3rd.

    Sincerely,
    Kay

  • Dear Megan,

    Please see my response to your earlier post. The fact that a decision was made without the work history questionnaire is probably why quality assurance kicked the claim back and your claim went back into pending status. I recommend tha tyou fill out the questionnaire as fully and submit as soon as possible.

    Sincerely,
    Kay

  • Dear Tricia,

    Please see my two prior responses to this question.

    Thank you,
    Kay

  • Dear Tricia,

    Please see my response to your first posting. You do need to report every month that there is a change; then your child’s benefit will change two months with the amount based on family income two months before. For example, March’s earnings must be reported by April 10 and the March earnings will determine the May payment amount. Before you decide whether this is too much bother, you might consider not only the cash payments but also the value of Medicaid eligibility.

    Sincerely,
    Kay

  • Dear Tyra,

    Your daughter’s SSI benefits will be based on the current application and will begin November 2016 unless you applied on October 1 in which case benefits will begin to accrue in October 2016.

    Sincerely,
    Kay

  • Dear David,

    Whether or not your son is eligible for dependent benefits depends on whether your work history is sufficient to insure your family for benefits. If it is and you listed your son on your application, his benefits will be paid for the same months as yours including past months. I suggest that you check with your local office about completing an application for your son.

    Sincerely,
    Kay

  • Dear Tricia,

    You have the responsibility of reporting every time your family income changes. The reports are supposed to be made by the tenth of the month following the month of change. I recommend that you bring your reporting current as soon as possible. I calculate with two parents and no other children in the household, your son will be eligible for $203 in months that his father’s $3,600 gross earnings is used in the calculation.

    Sincerely,
    Kay

  • You are welcome, P.

  • Dear Tricia,

    Supplemental Security Income (SSI) does not make payments for months prior to application, so your son is not losing benefits with an established disability date of December 2016.

    Sincerely,
    Kay

  • Dear Alice,

    The multiple reviews I was probably referring to are not quality assurance (QA) reviews; they are payment authorization reviews. Different levels of employees are authorized to release sums of money up to certain amounts. When very large amounts need to be approved, this results in more than one person reviewing the claim to be sure the amounts are correct. This authorization process is done in the payment center and occurs on all claims whereas quality assurance reviews occur on only a small percentage of claims to see if the medical decision to approve or deny is correct, and the QA review occurs before approvals are forwarded to the payment center for payment authorization.

    Sincerely,
    Kay

  • Dear P.,

    Back pay can be paid any work day of the month. Regular Social Security monthly payments are always paid on the same day based on when in the month you were born, either the third of the month or the second, third, or fourth Wednesday of the month. SSI benefits are paid on the first.

    Sincerely,
    Kay

  • Dear P.,

    The change in status to show payments may mean that the fee agreement issue has been resolved. If more money is due to you, the payment should show up separately when it is the next payment to be released once it is authorized. You should also receive a letter.

    Sincerely,
    Kay

  • Dear Jamie,

    You can take whatever you have about the rehab acceptance to the consultative examination, but it will be important for the claims examiner to have a copy of the report because the consulting physician does not make the decision whether to approve your claim. I suggest that you contact the claims examiner to let him or her know about the evaluation, the acceptance into the program, and the report that you are supposed to receive. Say that you will submit the report as soon as you get it and that you want the report considered. It would be good to follow up the call with a letter so that it is in writing that you will be submitting more evidence.

    Sincerely,
    Kay

  • Dear Sue,

    Your sick pay will not affect your Social Security claim whether for back months or future payments. You do need to let Social Security know, however, that the pay from your employer is sick pay, not compensation for current work.

    Sincerely,
    Kay

  • Dear 2017TBT,

    SSI will be paid first and will be paid until the SSDI benefits start. SSDI back benefits will be reduced by the amount of SSI benefits payable for the months in which SSDI and SSI eligibility overlap. Typically SSI back pay is paid in up to three installments six months apart and the first two will not exceed $2,205. However, if after your Social Security starts you are no longer eligible for SSI, you can request the remaining SSI installments to be released.

    If your work history was sufficient to result in your family maximum benefit (FMB) being higher than your own Primary Insurance Amount (PIA), dependent benefits are payable and your dependents will be paid for the same months as you are. You can find out your PIA and FMB amounts by calling Social Security at 1-800-772-1213. If the FMB is higher than the PIA, check on the status of the dependent claims to be sure they are on track.

    Sincerely,
    Kay

  • Dear Jamie,

    If you can get a copy of the first exam report before the date of the second one, it is remotely possible that the second exam would be cancelled. Whether or not the second exam is cancelled, if the first exam is favorable to your second claim, you can submit the report for consideration.

    Sincerely,
    Kay

  • Dear Daren,

    If your sister either pays you fair market value (FMV) for room and board (housing and food) or for rent and buys her own food or pays you for her share of shelter and food expenses, her SSI would not be decreased by living with you.

    Her share is the total shelter expenses and food expenses (if she shares food with you) divided by the number of people in the household. Shelter expenses are shelter utilities (power, heat, water/sewer, and garbage) and rent or mortgage, property tax, and if required by the lender property insurance.

    FMV for room is the amount such rooms are renting for in your geographic area. Social Security law does not specify an amount required to be paying fair market value because the economy is different in every location. You can figure out a fair market rental rate by looking at ads for room rentals in your area and/or by choosing state and county on the federal HUD website at https://www.huduser.gov/portal/datasets/fmr/fmr_il_history/select_Geography.odn. It will not list rooms, but it will list studio or efficiency (one-room) apartments. A room in a house would probably cost about half of that amount. Fair market value for food would reasonably be the maximum food stamp grant for one person, which is $194.00.

    Sincerely,
    Kay

  • Dear Simone,

    Supplemental Security Income (SSI) payments will begin to accrue April 2014. Social Security benefits will begin to accrue September 2014 after the five-month, unpaid waiting period. The exact number of back pay months will be the number between when benefits start to accrue and the month you receive the first monthly benefit.

    SSDI back benefits will be reduced by the amount of SSI back benefits paid (or due in installments) for the months in which SSDI and SSI eligibility overlap. Note that if after your Social Security starts you are no longer eligible for SSI, you can request the remaining SSI installments to be released.

    Sincerely,
    Kay

  • Dear Angela,

    If your child’s father receives Social Security Disability and he has worked enough to provide dependent benefits, you can apply for benefits for your child. If you can’t find out the status of the claim from him but you have his Social Security number, you can simply attempt to apply for the child. They will tell you if he has not yet been approved.

    Sincerely,
    Kay

  • Dear Simone,

    If the SSI back pay exceeds $2,205, it will be paid in three installments six months apart. You should get the first installment less than a month from the first monthly payment.
    It can take one to two months after SSI is paid for Security Disability benefits (SSDI) to start and sometimes as much as a couple months longer to get the SSDI back pay. SSDI back benefits will be reduced by the amount of SSI back benefits paid (or due in installments) for the months in which SSDI and SSI eligibility overlap. Note that if after your Social Security starts you are no longer eligible for SSI, you can request the remaining SSI installments to be released.

    To answer your other question, I need to know that date of your initial SSI and SSDI applications that were approved at the hearing. When you send me that date, please relist your disability onset date as well.

    Sincerely,
    Kay

  • Dear Daniel,

    The information you are providing seems to indicate that you were approved for Supplemental Security Income (SSI). SSI does not pay any benefits for months prior to the approved application. Benefits begin the month after application unless you applied on the first of the month in which case benefits would begin with the month of application. Because you did not appeal the first denial, that claim is permanently closed and no benefits will be paid on it even if you are found to have been disabled back then. Accordingly, October is probably the correct first month of payment.

    Sincerely,
    Kay

  • Dear Elizabeth,

    You should receive the last Supplemental Security Income (SSI)–not Social Security–back pay in the month of June, though not necessarily on the first.

    Sincerely,
    Kay

  • Dear Nikkia,

    Did the call include asking for your financial documentation or for an appointment for an interview. If so, you should receive payment within a month of providing the requested documents. I don’t have enough information to estimate a benefit amount.
    1. How many parents are in your household?
    2. Does anyone else in the household have income? Who? What kind? How much?
    3. Are there other minor children in the household?
    4. Were your $3,000-$3,500 earnings gross (before taxes and other withholding)?

    Sincerely,
    Kay

  • Dear AJ,

    Your Social Security back pay will be reduced by SSI paid for months that you were also eligible for SSDI.

    Sincerely,
    Kay

  • Dear Jennifer,

    The first month for which you will be eligible for benefits is February 2017 because the first five full-calendar months of disability are not covered by Social Security Disability (SSD aka SSDI). How soon you get your monthly benefit can vary quite a bit, but usually it will be received within two months of the favorable medical decision.

    Sincerely,
    Kay

  • Dear Jacqueline,

    Your Social Security Disability (SSDI) back pay is offset (reduced) by all Supplemental Security Income (SSI) benefits payable for months that overlap with months you are eligible for SSDI. The offset includes SSI that will be paid in future installments of SSI back pay.

    Sincerely,
    Kay

  • Dear Eric,

    If you listed your children on your initial application, they will receive back pay for the same months as you do.

    Sincerely,
    Kay

  • Dear Sad,

    Twelve months is the maximum retroactively for months before the month of application and will not be exceeded. (Thanks for trying to find your answer.)

    Sincerely,
    Kay

  • Dear Mona,

    To my knowledge, the twelve-month limitation still refers to the maximum payable prior to the month of application.

    Sincerely,
    Kay

  • Dear Debbie,

    In the appeal you can try to explain why you didn’t read what you were signing or why you didn’t understand it and that you did not intend to withdraw your request for a hearing. Also, you may need legal advice from a different lawyer for further input on what you need to submit to the Appeals Council in these circumstances.

    Sincerely,
    Kay

  • Dear Tiffany,

    Whether or not you are eligible for back pay depends on the disability onset date Social Security established for you. If the date was prior to your month of application, there is a potential for up to twelve months of retroactive pay for months before application.

    Sincerely,
    Kay

  • Dear Andrea,

    Your disability onset date has to be determined in order to establish that you became disabled while you were insured for benefits. Your benefits will begin to accrue the later of twelve months before the month you filed the application what was approved or the sixth full-calendar month of disability (April 2013).

    Sincerely,
    Kay

  • Dear Tiffany,

    Childhood Disability Benefits (CDB) paid to disabled adult children are limited to twelve months before the month of application.

    Sincerely,
    Kay

  • Dear A’ngie,

    Whether or not you file taxes and report the work, if you are getting Supplemental Security Income (SSI), you need to report the house sitting income to the Social Security Administration and have your benefits recalculated to the correct amount. The earned income tax credit is not countable income, but part of the wages are.

    If you receive Social Security Disability (SSDI) and your house sitting wages were less than $810, you need to report the work but it is unlikely it will have any impact on your benefits.

    Sincerely,
    Kay

  • You are welcome, Jamie.

  • Dear Jennifer,

    Yes, your SSI will begin September 2015. SSDI will not be reduced by SSI paid for non-overlapping months.

    Sincerely,
    Kay

  • Dear Marilyn,

    Looks as if you accidentally posted twice. See my reply to your first post.

    Sincerely,
    Kay

  • Dear Greg,

    Please see my response of earlier today to your first posting of these questions.

    Sincerely,
    Kay

  • Dear Jamie,

    You can ask your DDS claims examiner whether those two exams are all that is needed, but they could decide to ask for something else after they got the reports back. Be sure that the VA report gets to the DDS examiner.

    Sincerely,
    Kay

  • Dear Greg,

    The estimate should be correct within a couple hundred dollars either way. At that level of payment, your daughter should be eligible for a benefit equal to 50% of your benefit amount.

    Sincerely,
    Kay

  • Dear Susan,

    Retroactivity for periods before the date of application is twelve months. Back pay includes both retroactive months before application and months between application and when the first monthly benefits start.

    Sincerely,
    Kay

  • Dear Marcus,

    If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security.
    If you are approved for Supplemental Security Income (SSI), your benefits will 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. SSDI back pay will be reduced by SSI paid for the same months.

    Sincerely,
    Kay

  • Dear Danny,

    You reference SSI (Supplemental Security Income), but you posted under an article about Social Security Disability (SSDI), so I am unsure which kind of benefits you are receiving. If you are getting SSI, the local office should have issued the first installment of back pay within a month after the monthly benefits started.

    If you are receiving Social Security, it is running two to four months after the first monthly payment with the longer time frames related to offsets such as workers comp or SSI and to very large amounts to be paid, which require multiple reviews and authorizations. If your benefits are SSDI, I suggest checking with the local office to be sure that they have communicated that either you do not have an SSI claim or that it has been denied or paid to be sure that lack of notification is not holding anything up. If it has been six months since you got your first payment and fiairre to send an SSI status to the payment center is not involved, you might ask for a manager to manager call from your local office to the payment center to try to get a status.

    Sincerely,
    Kay

  • Dear Meme,

    To answer your question I need more information:
    1. Are the benefits Social Security Disability (SSDI) or Supplemental Security Income (SSI)?
    2. Why were the benefits terminated? Due to work? Medical recover?
    3. How did you sign back up? A new claim? A requested for Expedited Reinstatement? Through an appeal of the closure of the claim?
    4. What date did you claim as your disability date when you signed back up?

    Sincerely,
    Kay

  • Dear Reta,

    The rules for determining whether a person can work in a new occupation become less strict at age fifty-five. That is the reason that your claim was approved with an onset date on your fifty-fifth birthday. If you think that you can prove that you were unable to work in your prior occupations or in any new occupation prior to age fifty-five, you can appeal the onset date.

    If you do appeal, I recommend that you get the help of an experienced Social Security attorney, who will be familiar with the details of the law. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay.

    Sincerely,
    Kay

  • Dear Jamie,

    Yes, your vocational rehabilitation status should be supportive of your disability claim.

    Sincerely,
    Kay

  • Dear Jamie,

    Trying to volunteer four hours a week under the direction of vocational rehabilitation should not have a negative impact on your claim.

    Sincerely,
    Kay

  • Dear Dawn,

    Social Security Disability (SSDI), benefits begin to accrue the later of twelve months before the month of application or the sixth full calendar month of disability, as established by Social Security. Accordingly, your husband’s benefits would begin to accrue April 2013.

    Supplemental Security Income (SSI)benefits begin the month following the month of application unless your husband applied on the first of the month in which case benefits begin with the month of application.

    Sincerely,
    Kay

  • Dear Erika,

    If you are approved, retroactive benefits will be limited to a maximum of twelve months prior to the month of application. When you file your new claim, you must claim a disability date after the date of the Appeals Council denial. Otherwise, the claim will be denied res judicata, meaning “already decided.” And, to be eligible for SSD, you have to still have been insured for benefits on that date.

    Sincerely,
    Kay

  • Dear Megan,

    I can’t predict whether you will be approved on initial claim, but many people are.

    Sincerely,
    Kay

  • Dear Donnie,

    You are correct that the process is long if appeals are required; however, not everyone is equally able to gather information and represent themselves. In other situations, especially when multiple medical conditions combine to disable, having someone who knows the law can make all the difference. So, for some people an attorney is essential.

    Sincerely,
    Kay

  • Dear Jamie,

    Without expediting, new claims take from two to five months for a decision; so at this point comparatively speeding, your claim has not pended for an overly long period of time. The vocational rehab evaluation is a great idea because it will either lead to employment or help support your claim.

    Sincerely,
    Kay

  • Dear Jamie,

    Your illness does not qualify for a compassionate allowance. If you are receiving 100% VA Compensation, you are eligible for expedited processing. In any event, if you are not working and have not filed a claim, I suggest that you do so.

    Sincerely,
    Kay

  • Dear FF,

    The information you have been given is correct. Money paid to a Dedicated Account can only be used for certain things. A list of some of those things can be found at https://secure.ssa.gov/poms.nsf/lnx/0200602140. If he used the money for other things, the amount he uses will be taken out of his regular monthly checks.

    Sincerely,
    Kay

  • Dear Jaime,

    It sounds as if your have done a good job of giving the background information leading up to your stopping work.

    Sincerely,
    Kay

  • You are welcome, Donnie.

  • Dear Michele,

    Supplemental Security Income (SSI) is paid first. Usually monthly SSI starts before the SSI back pay, but apparently your first back pay was paid before the monthly. If the SSI back pay exceeds $2,205, it will be paid in three installments six months apart.

    SSDI monthly benefits usually start about two months after SSI has been paid and the back pay can take another couple months after that. SSDI back benefits will be reduced by the amount of SSI back benefits paid (or due in installment) for the months in which SSDI and SSI eligibility overlap. Note that if after your Social Security starts you are no longer eligible for SSI, you can request the remaining SSI installments to be released.

    Sincerely,
    Kay

  • Dear Mikey,

    The three-month estimate on getting the back pay may be correct. I think you are saying that you have been getting Supplemental Security Income (SSI) disability benefits. If that is the case the amount of your survivor back pay will be reduced by SSI paid for the same months. Ongoing you will either get just the survivor benefits or survivor benefits and reduced SSI, but either way the amount should be more than you are receiving now.

    Sincerely,
    Kay

  • Dear Brandy,

    If you were approved for SSI (Supplemental Security Income), the first installment of the back pay could be paid within a couple weeks or a month of the first monthly check being paid. The local office authorizes SSI, so you can check with them to get a general idea. If you were approved for Social Security Disability (SSDI), a central payment center reviews and authorizes monthly benefits and back pay. The back pay often takes two months or longer. The larger the amount, the longer it takes.

    Sincerely,
    Kay

  • Dear Megan,

    As you describe your mental health, it is possible that you might be considered disabled under Social Security law.

    Sincerely,
    Kay

  • Dear Megan,

    As you describe your condition, I’d say that you have a possibility of being found disabled.

    Sincerely,
    Kay

  • Dear Heather,

    You should receive a 1099 for the money paid in 2016. The January 2017 will show up on the 2017 1099 issued in 2018 for your 2017 tax return.

    Sincerely,
    Kay

  • Dear Dee,

    Assuming that your approval was for Social Security Disability, payment is authorized in the payment center and the local office has no control over processing times. It seems that release of back pay is often taking from two to four months after monthly benefits start.

    Sincerely,
    Kay

  • Dear Jenn,

    If the back pay is not received by about March 15, I suggest following up with the local office.

    Sincerely,
    Kay

  • Dear Jamie,

    To be eligible for Social Security Disability (SSDI), you must be expected to be disabled for twelve months. If your disability due to pregnancy overlaps with disability due to other causes, your disability could be established as August. SSDI is not paid for the first five calendar months of disability, so SSDI benefits would begin February 2017. If you also applied for Supplemental Security Income (SSI), SSI benefits would begin September 2016.

    Sincerely,
    Kay

  • Dear Jamie,

    Some traumatic brain injury claims can be processed as compassionate allowances depending on the severity and characteristics of the injury. If so, the processing time would be less than the average claim. The maximum retroactivity your claim can have is twelve months; so if you are approved, benefits will begin to accrue January 2016. To be eligible, you have to prove that you have been continuously disabled as far back as the date you were last currently insured for Social Security Disability; therefore, it is good that you have records from 2006 that you could submit.

    Sincerely,
    Kay

  • Dear Mika,

    You will be asked to visit the local Social Security office with a trusted relative or friend to apply to be your payee and receive and manage your benefits. If other information is needed, it will be requested at that time.

    I am not able to estimate how much back pay you will receive. If you are approved for Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you applied or the sixth full calendar month of disability, as established by Social Security.
    If you are approved for Supplemental Security Income (SSI), your benefits will 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

  • Dear Donnie,

    Social Security Disability (SSD aka SSDI), benefits begin to accrue the later of twelve months before the month you initially applied (November 2013 or the sixth full calendar month of disability, as established by Social Security. SSDI back benefits will be reduced by the amount of SSI back benefits paid (or due in installment) for the months in which SSDI and SSI eligibility overlaps.

    Sincerely,
    Kay

  • Dear William,

    Benefits will be paid based on the November 2016 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.

    If you also applied for SSI, SSI back pay will start the month following the month of application unless you applied on the first of the month in which case, benefits would begin the month of application. SSDI back pay will be reduced by SSI already paid to you for the same months.

    Sincerely,
    Kay

  • Dear Chad,

    SSI back pay will start the month following the month of application unless you applied on the first of the month in which case, benefits 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

  • Dear William,

    Benefits will be based on your second application because you did not appeal denial of the first one.

    Sincerely,
    Kay

  • Dear CC,

    Yes, the benefits will begin to accrue with the month of November.

    Sincerely,
    Kay

  • Dear Steve,

    Without proof of the call, there is probably nothing you can do. Usually dependent benefits are limited to six months back pay, not twelve.

    Sincerely,
    Kay

  • Dear Melvin,

    Your uncle should be receiving benefits soon. If he does receive anything by the end of the month, I suggest that he ask his local office to follow up with the payment center. If no payment by the end of February, he might consider asking his congressperson to follow up for him.

    Sincerely,
    Kay

  • Dear Rich,

    Social Security Disability back benefits are paid in a single payment. Supplemental Security Income (SSI) back pay is paid out in a maximum of three installments six months apart. The payments do not count toward the SSI resource limit until nine months after they are paid. If you have a specific need for more than is schedule for more than the scheduled installments, you can submit a written request explaining the need and more may be released.

    Sincerely,
    Kay

  • Dear Michelle,

    Usually, they say to allow five business days, but with the bad weather all over the country, it could take longer.

    Sincerely,
    Kay

  • Dear Katherine,

    Apparently, the your child’s back pay was issued before the monthly benefit. If the amount was $2,199, her ongoing benefit is likely to be $735. You should receive a letter within a week or ten days that explains the payments.

    Sincerely,
    Kay

  • Dear Paul,

    Yes, if you became entitled to Medicare before the month in which the benefits were actually paid, back Medicare premiums would be withheld. You refer to a “benefit letter,” but usually award letters give a breakdown of amounts and dates. If you don’t receive such a letter with a week to ten days of the payment of the back benefits, I suggest that you ask Social Security to look at your Master Benefits Record (MBR) to give you a breakdown.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Dear Jmaedl,

    The rule about twelve months of retroactivity applies to the date you first filed the claim that is under appeal. If you filed a claim 30 months ago and were disabled for more than five calendar months before you filed, you could be paid for up to twelve months before your application.

    Sincerely,
    Kay

  • Dear Korrin,

    If you have a question, please post the question and I will try to answer.

    Sincerely,
    Kay

  • Susan

    I received approximately $14,000 in SSDI and I do not work. When SSDI back payments were calculated, they took in-kind income in the form of free shelter and food. Is the in-kind income tax deductible? Is the attorney fee of $5,000 tax deductible? Do I need to file a return for back payments? Kind regards.

    • Dear Susan,

      Your references to in-kind income indicates that you have been paid Supplemental Security Income (SSI) and not SSDI, which is Social Security Disability. SSI is not taxable and the attorney fee is an expense not income. Receiving free housing is not taxable except in certain employment situations.

      Sincerely,
      Kay

  • Dear Aline,

    The DDS will review the psychologist’s report and the other evidence in file and make a decision regarding whether you are disabled as defined by Social Security law.

    If you are approved for Social Security Disability (SSD aka SSDI), it can take a month or two from the date of the approval letter for monthly benefits to start and another month or so for back pay to be released.

    If you are approved for Supplemental Security Income (SSI), the local office calculates and authorizes benefits, which can take from ten days to a month or more to get payment started after you have a financial update interview. Back pay is usually paid in three installments six months apart.

    If you are approved for both SSDI and SSI, SSI will be paid first and the time frames for payment of SSDI begin after SSI has been paid. SSDI back pay is reduced by SSI back benefits paid for the same period.

    Sincerely,
    Kay

  • Dear Robin,

    Apparently, you were paid an initial payment with a paper check mailed to you and then were switched to direct deposit.

    If you are also asking a question about your back pay, please clarify the dates:
    1. Date of SSD application
    2. Date of SSI application
    3. Date of onset established by the judge for SSI?
    4. Date of onset established by the judge for SSD.
    5. If approval letter says benefits due from a certain date, what is the date? (For SSD that date is the month benefits begin to accrue after the five-month unpaid waiting period. )

    Sincerely,
    Kay

  • You are welcome, Deela.

  • Dear Vivianna,

    If you are approved, Social Security benefits will begin to accrue the later of the sixth full- calendar month of disability or twelve months before application. If your earnings record is strong enough to provide dependent benefits, the benefits will be paid from the later of sixth months before the month you declared them on your application or the month of their births.

    You cannot calculate your Social Security benefit. You may be able to view your earnings statement by going to http://www.ssa.gov and requesting the statement, which includes a disability estimate and a family maximum benefit (FMB) estimate. The FMB includes your benefit and the maximum your dependents can get. If it is not visible because you have a pending appeal, check with your local office to see whether they can give you an estimate.

    Supplemental Security Income (SSI) begins the month after the month of application. The maximum federal benefit is $735 monthly. The maximum will be reduced if you have other income including in-kind income in the form of free shelter and food and Social Security when it starts.

    It can be difficult to prove disability when disability is the result of multiple conditions combining to limit you more than any single condition. If you do not have an attorney, consider hiring an experienced Social Security attorney. With or without an attorney, it could be a good idea to request a copy of your claim file so you can see the exact reasons for the prior denials and the evidence they were based on. This will allow you to address any errors.

    When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from your back pay.

    Sincerely,
    Kay

  • Dear Diana,

    The estimate of four to ten days is when her benefits will be received. You will receive an award letter with payment amounts either before or a week or ten days after the first payment.

    Sincerely,
    Kay

  • Dear Jersey,

    Social Security Disability (SSD aka SSDI) benefits begin to accrue the later of twelve months before application or the sixth full-calendar month of disability. Supplemental Security Income (SSI) benefits begin to accrue the month after application unless you applied on the first of the month in which case benefits begin the month of application. Back pay ends the month before the first monthly benefit is paid. Using these two markers, you can count the number of back pay months. If you were approved for both SSDI and SSI, SSI will be paid first and SSDI back pay will be reduced by SSI paid for months that SSI and SSDI overlap.

    Sincerely,
    Kay

  • Dear Salina,

    The request for information indicates that your claim is under active review rather than waiting to be reviewed; that is a good sign that your claim is moving toward a decision, which could be either an approval or a denial.

    Sincerely,
    Kay

  • Dear Deela,

    I suggest that you consult with the IRS or a tax accountant to see whether you can attribute any of the money you received in 2015 to a previous year. If not and if you are only a few thousand over $25,000 in total adjusted gross income, the amount of tax you will owe is likely to be small.

    Sincerely,
    Kay

  • Dear Cierra,

    If you are approved, your Supplemental Security Income (SSI) benefit is likely to be reduced to $490 for the free housing you are receiving from friends. Benefits will begin to accrue November 2016 if you are approved. You can request that all your back pay be paid at once if you are due more than $2,205 and need more than that to get into housing, to get utilities started, and to purchase basic furniture (bed, chair, table) if needed.

    Sincerely,
    Kay

  • Dear Mark,

    With a monthly benefit date so far out in the future, it may be that March (payable in April) is your first month of eligibility due to the fact that the first five full-calendar month of disability are not covered by Social Security. If you also applied for Supplemental Security Income (SSI) and are eligible for SSI, you can request an emergency advance payment by contacting your local office.

    Sincerely,
    Kay

  • Dear Art,

    Based on how you describe your medical condition, I would expect you to be approved if you and your attorney have submitted thorough documentation of all the conditions. You do have the right to request a copy of the file on your denied claim so that you can see what evidence is in file and whether anything is missing and to request a list of medical records (providers and dates covered) they have received since filing the appeal. That will give you the ability to judge whether there is anything else that needs to be submitted.

    Sincerely,
    Kay

  • Dear Millie,

    All months of payment count toward the twenty-four-month waiting period for Medicare. If how you have been paying for the medications while waiting for benefits is no longer available to you and you can’t purchase insurance, you may need to use your back pay as far as it goes to cover the cost of the injections. Another possibility if you don’t have the money to pay for them is to contact the pharmaceutical company that manufactured the medication to ask them for financial help to continue the medication. Sometimes the companies will help out for a while. Lastly, you do not say how much your monthly Social Security is, but maybe you qualify for Medicaid or other government subsidy to help with insurance premiums. More information about the subsidy under the Affordable Care Act is available at http://www.healthcare.gov.

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Craig

    I’m 38 black male born with sickle cell disease and after I was released from doing a 15 month prison sentence I have been denied for ssi and forced to request a hearing and I don’t feel like a hearing is needed considering I have over 35 plus years of medical history of constant hospital visit and dr office visits In currently living out of my car and I have no insurance or income and I need to know is there anyway to speed this process up I was told it may be 2 years before I get rewarded with my monthly benefits and my attorney said it’s nothin she can do to speed this up can you suggest any advice please?

    • Dear Craig,

      After twelve months of Supplemental Security Income (SSI) ineligibility, a new application is required; that is why your benefits did not restart automatically. I suggest submitting a statement of dire need to the hearing office, which will speed things up a little bit. Be specific in the statement that you have been homeless for ten months and are living out of your car and that your four children are scattered out among relatives because you cannot maintain a home for them. For Christmas give your children the gift of telling them that you love them and that better times are coming. It may not seem like much of a gift, but it will be.

      Sincerely,
      Kay

  • Craig

    Hi I’m 38 father of 4 and I was born with sickle cell disease which has disabled me all my life well in 2014 I end up having to do 15 months in prison and I wa told once I got home my benefits would start back which was not true I have been home for 10 months and was denied twice and forced to request a hearing and in the process of waiting I have ha to abandon my home and I’m currently living out my car and back and forth with friends and relatives I have no insurance and my health has deteriorated due to poor health care from no insurance and my attorney said she could do nothing to speed up the process so I’m reaching out to who ever will help speed this up i have over 35 plus years of hospital records and Dr visits and I don’t under why I should have to go through this process wit my history of illness it’s 6 days to xmas and I’m living in a freezing cold car and was not able to give my kids a xmas let a long they are scattered out with different relatives cause I couldn’t afford to live in my home anymore and this is really a depressing matter could you please give me my advice on what can be done to speed this process up

    • Dear Craig,

      After twelve month of Supplemental Security Income ineligibility, a new application has to be filed; that is why benefits did not automatically start again. You can submit a statement of dire need to the hearing office, which could speed things up a bit. Be specific in saying that you are living out of your car and that your four children are scattered out among relatives because you do not have income to maintain a home and are unable to work. For Christmas, give your children the gift of telling them that you love them and that better times are coming. I know it does not sound like much of a gift, but it will be.

      Sincerely,
      Kay

      Sincerely,
      Kay

  • You are welcome, Diane.

  • Dear Bill,

    Only the next payment usually shows up online. When the back pay is issued it will then show up. You will also get a letter. If you have not already submitted a statement of dire need, do so and ask the local office to send it to the payment center. In the statement indicate that you have been homeless for a year and need your back pay to pay rental and utility deposits to get into housing. Do a little research on how much that will be so you can quantify it to show it is more than your monthly benefit. The statement might speed up the processing a little bit.

    Sincerely,
    Kay

    • Bill Sly

      Thank you so much for your answer. I am so grateful to you. Happy holidays to you and yours. Sincerely, Bill Sly

  • Dear Art,

    Based on the information you have provided about your health, you should be approved. However, I recommend that you quickly request a copy of your claim file so you can see what is and isn’t in file and the exact reasons for the denial. That way you can submit anything that is missing and address any errors of fact or interpretation. Be sure that in your appeal you state all your illnesses and the symptoms and limitations you have associated with each. Go for proving you cannot work in any occupation, not that you meet the listings because understanding the listings requirements can be tricky.

    You might even consider hiring an experienced Social Security attorney to go over your claim file and give advice on what else you need to submit or argue for the appeal. When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from the back pay.

    Sincerely,
    Kay

    Sincerely,
    Kay

    Sincerely,
    Kay

  • Dear Eja,

    Social Security benefits are paid in the month following the month for which they are due. For example, December benefits are paid in January. If back benefits are due, they will be paid in a separate payment usually after monthly benefits start. You should receive a letter explaining your benefits and entitlement dates. If you have not received such a letter by the end of the month, either call the 800-772-1213 call center or contact the local office for an explanation. If your application was for Supplemental Security Income (SSI) the first month you would be eligible is December and at this point in the month, it would be treated as back pay.

    Sincerely,
    Kay

  • Dear Diane,

    I answered your prior question about the post-hearing request for documents; I don’t have any way of knowing what they might be and referred you back to the attorney. You do have a right to a copy of the orthopedic report and the letter requesting more documents. You will probably be charged for the copies. There is no reason to doubt your attorney’s statement that you are close to getting a decision; however, close could still mean a few weeks by the time the decision is made and the decision letter is written and mailed.

    Sincerely,
    Kay

  • Dear Carolyn,

    If you are approved, the earliest your benefits can start is November 2015, twelve months before your current application. If you are denied again, I suggest you get a copy of your claim file and read the reasons. If you then think that the decision is incorrect, I suggest that you appeal and hire an experienced Social Security attorney to assist you. Also, if you stopped working in 2014 because of your health, be sure to indicate that the last two jobs you had ended due to your health.

    When you hire a Social Security attorney, you do not have to pay any legal fees up front and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount the attorney can charge and the Social Security Administration pays the attorney directly from the back pay.

    Sincerely,
    Kay

  • Dear Anita,

    Your husband’s work earnings do not affect your Social Security Disability benefits. If you listed the children on your application, you have already applied for them, but you will have to file an application to be their representative payee to receive and manage their benefits. If they are with their father half the time, you need to give their father part of the benefits for their food and other incidental expenses while they are with him. When you do so, I recommend transferring the money by check off the girls’ bank accounts so that you have documentation of how the money was spent.

    Sincerely,
    Kay

  • Dear Tim,

    When you retire, your daughter needs to file an application for childhood disability benefits (CDB), which are paid to adult children who become disabled before age twenty-two. (The benefit is not SSDI, which is Social Security Disability and is paid to individuals who have worked enough earning Social Security-taxed wages sufficient to be insured for benefits.

    Your daughter’s benefit will be equal to half of your Primary Insurance Amount (PIA), which is your benefit amount prior to reduction for taking early retirement. Your taking early retirement won’t affect her benefit amount. For an estimated amount, request an earnings statement and look for the difference between your PIA and your family maximum benefit (FMB). Your daughter will be paid the higher of the difference between and two figures or half of your PIA. You can get an earnings statement by going to http://www.ssa.gov, setting up a “My Social Security” account, and then requesting a “Social Security Statement.”

    Sincerely,
    Kay

  • So very new to this and have a question. My sons father was approved for disability for terminal cancer. We waited the 5 month waiting period. Got a letter that November check would be deposited Dec 3. I was assuming Dec would also be there after waiting all these months. He was approved may 2016. Just curious if we should have got payment for Nov and Dec. Thanks for any help in advance

    • Kay Derochie

      Dear Tracy,

      Social Security benefits are paid the month following the month for which they are due. Accordingly, the December 3rd payment was for November, the December benefit will come in January, and so on.

      Sincerely,
      Kay

  • Jj

    The DDS department called me and gave me an onset date what does this mean I applied for ssd benefits?

    • Kay Derochie

      Dear JJ,

      A disability onset date is established for both Social Security Disability (SSD aka SSDI) and Supplemental Security Income (SSI) claims. If the Disability Determination Services (DDS) has established a disability onset date for you, your SSI claim, if you have one, will be approved. If the onset date falls within the period of time that you are or have been currently insured for SSD, your SSD claim will be approved.

      Sincerely,
      Kay

      • Jj

        Thank you the lady went back to 2013. I just didn’t know what she meant by my onset date.Thank you

        • Kay Derochie

          You are welcome, JJ.

  • LD

    I received a check in the amount of $2199 today on behalf of my child who was diagnosed with ASD and other birth defects. He was born with them. I applied for SSI on his behalf June 23, 2016. I have not received a letter of approval, and was therefore, surprised to find a check with no other information with it. Am I supposed to put the check in my personal account, or create one for my son? I recall the woman I interviewed with stating something to the extent that I can only spend the back pay monies on certain things related to my sons medical needs, which would have to go through some type of approval process. I was further told that I would need a special account, separate from my personal account. Does this information sound correct? When should I expect to receive the approval and pertinent information regarding his case, etc.? Thank you for any information that you can provide.

    • Kay Derochie

      Dear LD,

      The Dedicated Account to which you refer is required if more than six months back benefits are payable. In your son’s case, only five months are payable, July through November. He should receive his monthly payment for December on time on December 1. Accordingly, you do not have to have a Dedicated Account set up and use of the benefits is not restricted except that the money is to be used for your son’s needs–housing, food, medical and dental care, personal hygiene, etc.

      You do, however, need to keep your son’s money separate from yours. When you get the letter that shows you are the representative payee, you can take it to the bank and open an account with an account title “your son’s name by your name, representative payee.” You should receive an award letter within about a week. A side note: your son may be due more back pay than he has received so far. SSI back pay is paid in up to three installments six months apart with the first two not exceeding $2,199.

      Sincerely,
      Kay

      • CIERRA

        Hey, I am new to this an I have not asked a lot of questions. But, I was wanting to know I applied for my 6 year old daughter in I think Nov 1,2016 I was told yesterday that she was approved . My question is if she has been disabled since birth an I just applied for her only because we just found out what was going on with her will I get back pay? she is ID, ADHD,PDD an also social adjustment disorder . I just haven’t asked questions like I should have. I haven’t even asked what my monthly amount will be I was just told the max…THANK YOU Cierra

        • Kay Derochie

          Dear Cierra,

          The maximum federal Supplemental Security Income (SSI) payment amount is $733. SSI does not pay retroactive benefits, so your child’s benefits will start in November if you applied on the first. If you applied later in the month, benefits will begin in December.

          Sincerely,
          Kay

  • Phil

    Hello Kay. This is Phil again. The dates/data on my claim are as follows: SSDI application on 9/2013; ALJ gave favorable decision with an injury date of 3/2012; 3 minor dependent ages 9, 12 and 15 at injury date. Received award letters for dependents 9 yo and 12 yo with pay starting 9/2012 but letter for 15 yo (19 now) states a start date of 12/2014 and ending 6/2015 (HS graduation date). I am now receiving my monthly benefits and my online account states “Past Social Security Benefits from 12/2014 to …”
    Why is the 12/2014 date being used for me and my 19 yo and not the 9/2012 used on my 2 other kids?

    • Kay Derochie

      Dear Phil,

      The entire family’s entitlement should begin in the same month. The only thing I can think of that would account for the discrepancy would be that the workers comp offset was applied to your claim and the claim of your son who is now no longer a minor. However, this is just a guess; I suggest that you request an explanation from your local office, which may have to write to the payment center for a reply.

      Sincerely,
      Kay

  • Mr.Cody

    Dear Kay.

    Ive been told different things by my family so im looking for help. I received my approval letter October 14 2016. I havent received any check or back pay yet which is expected. My onset date the judge found me disabled on was January 2012. My disability check each month was told to me it would be 770$ so here is my question will I get back everything till July 2012? since they have the 5 month waiting period. that seems like a pretty substantial amount of money and it is very much needed. My brother told me back pay only pays a year and I cant find any clear answers so I thought I would ask. Im hoping I get my monthly check soon. Is there any chance at all I could see my back pay before christmas or is that just wishful thinking. Thanks Kay

    • Kay Derochie

      Dear Mr. Cody,

      Social Security Disability benefits are limited to twelve months prior to the month of application. Because of the five-month unpaid waiting period, this means that you had to have become disabled seventeen months before application to receive benefits for twelve months before application. And, of course, back pay includes months after application up until the monthly benefit starts. It is more likely that you could receive your first monthly benefit in December than getting your back pay before Christmas.

      Sincerely,
      Kay

  • Cody

    Hello, Im new to this but im a young man who has been recently approved for my SSDI with an Onset day of Jan,2012. I recieved my letter for fully favorable in 10/2016 Its now 11/15/16 and I havent recieved any benifits yet or recieved any checks neither my back pay nor my monthly. I will be recieving 770$ a month. When will I see my benifits like back pay and insurance? and I havent gotten a letter telling me my amount ill be recieving this is all from what i can estimate from my lawyer. Will I receive a pretty substantial amount of back pay? The waiting is killing me but ive been fighting for this for years so a couple more months isnt going to kill me hopefully.Im hoping to receive at least my monthly check in december but feel like I might not get my back pay that quick. Thanks

    • Kay Derochie

      Dear Cody,

      There is a possibility that your benefits will be calculated and a monthly benefit paid in December, but it is not a sure thing. Usually back pay is paid from a few weeks to a couple months after the monthly benefits start. Back benefits are limited to a maximum of twelve months before the month you filed your claim.

      Sincerely,
      Kay

      • Clark

        ADVANTAGE

        Hi Kay,

        I received a fully favorable decision on October 25, 2016 after a hearing in July
        My onset date was April 1, 2013
        Today I logged on to mySocialSecurity under Benefit & Payment details to my surprise it showed
        Medicare part A started Sep. 2015 Medicare part B started Nov. 2016
        I’m currently on 100% Medi-Cal, will I lose it? My monthly medications are over $1500 On page 2 it said 11/14/2016 payment type “One-Time Payment” $46,092.30 the check arrived today also.
        I then printed a verification of current benefits. It showed monthly cash benefit of $1,754.20 before deducting Medicare premium of $121.80 leaving $1,632.00
        After the 5 month wait period my back pay, retro pay, or one time payment, does the wording matter? The check should of been 37 months from Sep. 2013 multiplied by the monthly benefit amount minus the Advocate maximum fee of $6,000? The check should of been in the neighborhood of $58,905.40?
        I called SSA, the first mistake she noted and apologize for was the scheduled payment to my Advocate of $15,000. I then asked what other monies were deduced because it still does not add up? She said I don’t know why they sent that check because your file is still open not complete yet. She mentioned workers comp or State Disability may be effecting the numbers? Wait for your letter to arrive with the breakdown. I received 1 year of SDI benefits from October 2013 to October 2014
        Can that money be deducted from my check(s)? Was it ok that I deposited the check that is shorted.

        • Kay Derochie

          Dear Clark,

          In all likelihood, you will not be eligible for MediCal for a while due to the large back pay check. I don’t know whether or not you will be eligible for MediCal with your ongoing benefit of $1,754. If you are not, you can apply for Part D Medicare, which will provide some prescription coverage. I suggest that you report your change in income to the MediCal department so you can get a determination soon. There is not an open enrollment period for Part D Medicare, so clarifying your situation as soon as possible would be a good idea.

          The number of months back pay that you are entitled to depends not only on your established date of disability but also on your application date. Retroactive benefits are limited to twelve months before the month of application. Also, according to Social Security regulations if you worked for a private employer or had certain government employment, there is an offset (reduction) due to the receipt of State Disability Insurance (SDI) for months overlapping with SSDI eligibility.

          Sincerely,
          Kay

  • Angela

    Hi I was just approved for my ssi, I have a question. My onset date of application they went back to May 25th of 2015. I was just approved 11/9/16. I am getting $733.00 starting Dec.1st. I just looked at my s.s.i Back payment online and it says one time payment of $2199.00. Why so small? I don’t understand. I plan on calling my lawyer and asking him about it b/c I don’t understand. He kept telling me the whole time since I’ve been trying for my health issues that “it’s going to be okay, the longer the wait, the more you will get” I just don’t understand. When I worked when I could work I brought home almost $1200.00 a Month. Wish I could be still working especially now. I had been going down hill with my health issues since 2011 and that is when I origionally applied for this and I didn’t have quite enough medical evidence at the time so we waited until I did.

    • Kay Derochie

      Dear Angela,

      The benefits you have received thus far are from the Supplemental Security Income (SSI) program. SSI back pay is paid in up to three installments six months apart. The first two cannot exceed $2,199. If you have dire need for more to be released at once you can petition to have more released. You reference having worked. If you were approved for Social Security Disability (SSD aka SSDI) also and the SSD is too high for the SSI to continue you can request release of the remainder due at that time. SSD back pay will be reduced by SSI paid for months in which the benefits overlap.

      Sincerely,
      Kay

  • Phil

    Dear Kay – I was approved for SSDI by a judge with an onset date that extends back to 4+ years and this included benefits for my 3 minor children. I also was recently approved for a medical retirement from a local govt employment who participated in social security. I just recently started receiving benefits from both. I also have an active Workers Compensation (WC) case so I received a combination of WC Temp Total Disability, Permanent Disability and LTD pay since the date of my disability. My Workers Compensation case is coming to a close with a proposed structured LS settlement with annuities payable monthly up to 30 yrs. I live in CA and my questions are as follows:
    1. Will this upcoming settlement affect the back pay that is due to me and my children?
    2. Is my retirement pay part of the 80% offset equation although my employer participated in social security? The effective date of my retirement only extends a couple of months.
    3. Will this offset end when I reach full retirement age?
    4. My LTD provider wants a payback of the SSDI portion. What happens if the offset does extend to the backpay and it does not leave any amount due?.
    Thank you and I’m looking forward to your response

    • Kay Derochie

      Dear Phil,

      I will answer your questions in the order you asked them.

      1. All workers comp payments, those you have already received and the settlement will be used in calculating an offset to your Social Security. The settlement will be prorated out over time. The offset is usually applied to the dependents’ benefits first with any remaining offset against the worker’s benefits. (The worker’s comp will also likely create an offset on your long-term disability [LTD] claim.)

      2. Your government retirement pension will not affect your Social Security benefits because you and your employer paid Social Security taxes on your government-paid earnings.

      3. Workers comp offset does end when you are switched to Social Security retirement at full retirement age.

      4. With most LTD policies only the amount of Social Security that you actually receive after offset will be an offset against your LTD. This is logical because, as noted above, you will likely have to a workers comp offset against the LTD.

      Sincerely,
      Kay

      2.

      • Phil

        Hi Kay. Thank you very much for your responses which are very helpful in my continued attempts to understand the SSA process. I have some follow up questions please:
        1. On your response to 1 above regarding my dependents taking the offset hit first, is this the reason why my children have not received any payments from SSA just to cover the possibility of over payment?
        (Yes you are correct on the LTD/WC offset. I returned the payments made by the LTD provider upon approval of my WC case that exceeded the max % pay allowed by the LTD provider.)
        2. On your response on 2 above regarding my government pension not affecting my SSDI , the only other income I will be receiving is the prorated WC monthly benefit. Is this the offset number that will be used to calculate my SSDI benefit assuming that the WC number is still below max % allowed?
        3. On my fully favorable decision by the ALJ, the disability onset dates back to 52 months. On reviewing my online SSA account, the info on past SSDI benefits (that I still haven’t received) only shows a back pay of 20 months which doesn’t add up even with the deduction of the waiting period. Is there a maximum back pay period for SSDI?

        Again thank you for your time and looking forward to your response.

        • Kay Derochie

          Dear Phil,

          1. Children’s benefits are usually paid after the disabled worker’s benefits start. If the benefits were being withheld for the workers compensation offset, you would have received a letter telling you.

          2. All workers compensation including proration of settlements that overlap with months that you are eligible for Social Security Disability will cause Social Security to be reduced or eliminated if the workers comp and Social Security exceed 80% of your average monthly earnings as determined by Social Security. I can’t give you a definite answer about the amounts that will be used in the offset; the amount of the offset in each month could vary if workers comp varied during the offset period.

          3. Social Security Disability back pay is limited to twelve months before the month of application.

          Sincerely,
          Kay

          • Phil

            Hi Kay.

            Thank you so much for replying to all of my questions. Please know that your help to us all who are trying to navigate and understand SSA’s processes means a lot.

            With much appreciation,
            Phil

            • Kay Derochie

              You are welcome, Phil.

        • Kay Derochie

          Dear Ricky,

          This site does not post correspondence between visitors, so your comment has not been posted; however, I will respond to your question. To receive Social Security Disability (SSD aka SSDI), you must be both fully and currently insured at the time you became disabled. Social Security insured status is earned by you and your employer (or you alone if you are self-employed) paying Social Security taxes on your work earnings.

          Your attorney is referring to the need to prove that you became disabled while you were currently insured. For individuals age thirty-one or older, the number of quarters of coverage (work credits) needed to be currently insured is twenty in the ten years prior to the date you became disabled. Again, this means that you must prove you became disabled according to the Social Security definition of disability, which is not the same as the VA’s, while you were still currently insured. Your attorney or the Social Security Administration can tell you the date you were last insured. I have listed below the amount of earnings needed each year for one quarter of coverage; up to four can be earned in a year.

          2000 $780
          2001 $830
          2002 $870
          2003 $890
          2004 $900
          2005 $920
          2006 $970
          2007 $1,000
          2008 $1,050
          2009 $1,090
          2010 $1,120
          2011 $1,120
          2012 $1,130
          2013 $1,160
          2014 $1,200
          2015 $1,220
          2016 $1,260

          Sincerely,
          Kay

  • ronald

    hi Kay

    i was awarded ssdi this coming year with an onset date of may 2013. i received my first check June 2016. my long term is asking for my back pay but haven’t received nothing yet.
    i called ss and they are waiting on attorney fee and called attorney and they said they already filed it. how long is the wait on back pay payments?

    • Kay Derochie

      Dear Ronald,

      Release of back pay is running one to two months after monthly benefits start. Be sure to let your LTD insurance company know that part of the back pay went to the attorney. Usually the LTD overpayment will be reduced by attorney fees paid.

      Sincerely,
      Kay

      • dear anyone tell me.i had my hearing on september 16 2016 how much longer do you think i have to wait for a decision its been 70 days so far.

        • Kay Derochie

          Dear Reginald,

          How long you will have to wait is hard to predict. The guideline is for the judge to get the decision out to you within sixty days, but it can take longer. You can call the hearing office and request a status.

          Sincerely,
          Kay

  • CAA

    I’m very new to all of this. It’s all so very confusing to me.

    I was given a ‘Fully Favorable’ decision about two months ago. I went to my local Social Security office and they told me that my back pay award was 19,000some dollars. Then I received a letter from Social Security and they state that my back pay award is 40,000some. Then today, I received a check for 2199.00 (with SSI written at the bottom of the check). So, I called the 1-800 number and was told this is my first installment and that I’ll receive another installment in six months. Nowhere in my paperwork, letters, award letter, decision letter (NOTHING) is there anything discussing or stating an installment or 6 month increments.

    Is the 2199.00 check an installment/increment from SSI and I will subsequently receive a lump sum from Social Security for the 40,000some? Or should I be bracing myself to be ‘nickeled and dimed’ for the lump sum award of 40,000some?

    After several years of struggling with this, it makes my heart sink to think that I’ll receive my back pay award in small increments. This was a system I’ve paid into all my adult life, involuntarily. Then when I needed it the most, I was denied it and had to fight tooth-and-nail to show and prove that I was deserving. Between being sick and going without, because I couldn’t work and had no income, if my award comes in increments it will reduce me to absolute tears and bitterness.

    • Kay Derochie

      Dear CAA,

      Supplemental Security Income (SSI) back benefits are paid in up to three installments six month apart with the first two not exceeding $2,19 each. When your Social Security Disability (SSDI) starts, it is likely that the payments will be too high for SSI monthly payments to continue. If that is the case, you can ask to have all the remainder of the SSI back benefits paid out at once because you are no longer SSI eligible.

      When your Social Security Disability (SSD aka SSDI) back benefits are paid, which is usually one to two months after the monthly benefits start, they will be paid in a single payment. The SSDI and the amount due will be reduced by SSI paid for months that you were eligible for both SSI and SSD. For example, if you are eligible for $40,000 SSD and you are paid $15,000 SSI, you will receive $25,000 SSD, further reduced for attorney fees if applicable.

      Sincerely,
      Kay

      Sincerely,
      Kay

      • CAA

        Thank you so much for replying to my post. I greatly appreciate it.

        My sister and I came to a conclusion that the people we’ve come into contact with at Social Security give as little information, in cryptic form, as possible. This is the second time they’ve given us partial information even though our question was more in depth and twofold. We also believe that the government should rename and refer to Social Security and SSI as “Purple and Yellow” to break up the confusion over the two a tad bit better.

        Again, thank you so much for taking the time to respond. Thank you for responding in a way I could understand and even more, giving me a complete answer (something Social Security has yet to do…).

        Sincerely,

        CAA

        • Kay Derochie

          You are welcome, CAA.

  • KIM REIGER

    So I AM JUST TRYING TO HELP MY MOM FIGURE OUT HER SS, FIRST OF ALL SHE HADNT WORKED IN THE LAST 12 YEARS AND UP UNTIL A YEAR IN A HALF AGO WAS STILL MARRIED TO MY FATHER FOR 43 YEARS , I FEEL SHE IS BEING RIPPED OFF BY HOW MUCH SHE IS GETTING AND I THINK WE NEED TO HAVE THEM RELOOK AT HER CASE SHE ONLY GETS LIKE 240.00 FOR HERSELF AND LIKE 240.00 OFF MY DADS AND IM PRETTY SURE WHAT SHE GETS OFF MY DADS WAS STARTED WHEN THEY WERE STILL LEGALLY MARRIED BUT EVEN STILL I W0ULD HAVE THOUGHT SHE WOULD HAVE GOTTEN MORE AND THEN I THINK IF WE WENT DOWN TO SS AND EXPLAIN THEY ARE NOW DIVORCED, ONE OF HER AMOUNTS WOULD GO UP AND IF SHE WOULD GET BACK PAY FOR THE FACT THAT ITS BEEN WRONG SINCE THE DIVORCE WAS FINALIZED, I HAVE TALKED TO MANY PEOPLE ABOUT THIS AND ALL THE ANSWERS TO THE UP ABOVE ?S HAVE BEEN YES SO I WANTED TO REACH OUT TO TRY AND CONFIRM IF WE SHOULD BE TAKING FURTHER ACTIONS TO HELP HER SS BE INCREASED, SHE DOESNT GET ALIMONY AND CERTAINTLY CANT LIVE OFF WHAT SHE CURRENTLY RECEIVES.

    • Kay Derochie

      Dear Kim,

      Your mother’s benefit on your father’s record would increase due to divorce only if other people such as children or a current wife are drawing dependent benefits on your father’s record. I may be able to provide information about additional income if you will tell me the source of the “$240 for herself.” Specifically, check to see if the benefit is a Social Security Retirement or Social Security Disability from work that she performed or it is Supplemental Security Income (SSI). She can find out by looking at letters she has received about the benefit or by calling Social Security at 1-800-772-1213. Also, please provide her age.

      Sincerely,
      Kay

  • Tonya

    Dear Kay,
    I applied for SSI for my son April 2015 and just got the approval letter and shows the April date but shows effevtive date as October 2016. They are paying while the account is in quality control review. But does not list any back pay for time from application? It says I will receive oct and nov payment in a check form and dec 1st a monthly check witll be issued. But why not to the date I applied for him?

    • Kay Derochie

      Dear Tonya,

      Usually a quality assurance (QA) review holds up all payment, to I’m not sure why your child is getting monthly benefits during the review. As far as eligibility for back pay goes, the key date is the date of established disability onset. Take a look at the letter to see if it says a date in April. If it does and the QA review agrees with the examiner’s decision, your son will be paid back benefits for May through September or April through September if you applied on April 1.

      Sincerely,
      Kay

  • I became disabled in Feb. 2015, took a leave of abscence from my job for 3 mo. unpaid, then took short term leave of abscense from May until July whic was paid from my work. In July I was offered a severence package due to years worked and age and was paid work wages ans insurance for 3 mo., until October and was given a lump sum. I applied for ss disability in April,2015, was denied and now in reconsideration. I have started collecting social security in July, 2016 at age 62. Will this affect my payback if I ever get approved for SSDI as disability benefits are higher?

    • Kay Derochie

      Dear Cindy,

      If you are approved for Social Security Disability (SSD/SSDI), for back months you will be paid the difference between your reduced retirement benefits and your higher SSD rate.

      Sincerely,
      Kay

      • Evangie

        Hello, I have been approved and have back pay of $21,000, my attorney was awarded $5, 224 so it totalled up to $15, 00. Every six months I will receive my back pay I got my first back pay in May for $2000 and I was supposed to get $5,000 for this month November. Yet I got sent another letter saying I’ll be getting $2,000 instead of the $5000 and that all back pay will be given to me by August 2017. Can back pay be effected?

        • Kay Derochie

          Dear Evangie,

          It appears that you have been approved for Supplemental Security Income (SSI) because your back pay is being paid in three installments. It is correct that the first two are limited to $2,199 each with the final payment paying out the rest. The only exception is if you are in dire need and the regular installments will not get or keep you in housing or the money is needed for medical treatment. (You might also be able to get it all released it you plan to use it as a down payment on a house.) Also, note that the back pay starts to count toward the $2,000 resource limit nine months after you receive it, so be aware of that when you receive the last large installment. Keep receipts for everything you spend it on so you can prove that the money was spent. Giving away money to get below the limit will cause temporary ineligibility.

          Sincerely,
          Kay

      • Kelly Anderson

        Dear kay,
        I wasnt sure how to post a question so im trying here. I first applied in april 2012 for ssd. I was denied and i got an attorney. It went in front of alj and again denied. Denied by appeals council and now in federal court awaiting decision. My attorney advised me to reapply from beginning while my request sits and waits in federal which i did and it was denied. Waiting on reconsideration/alj hearing for that one. I don’t really understand how this works and attorney not very helpful. Why would he have me do this? Frankly im tired of waiting. I need this income. Im totally disabled. Not able to work. Any help appreciated.
        Thank you
        Kelly

        • Kay Derochie

          Dear Kelly,

          The attorney suggested that you file a new claim because the appeal deals with whether or not the judge and Appeals Council made the right decision for the period of time you were claiming disability and will not consider new conditions or worsening since then. This means that even if your federal appeal is denied, you might be approved on the new claim. If you are denied all the way through on both claims and their appeals, the one in court and the one at reconsideration, you may need to accept that either you are not disabled according to Social Security law. If this occurs, it could be helpful to talk with your state’s Department of Vocational Rehabilitation for an evaluation for training or job placement into a different occupation within your limitations. In fact, doing that now could help your current claim if you are denied services because of your health. You might discuss this with your attorney.

          Sincerely,
          Kay

  • Hello,

    I have a few questions that I am looking for clarity on. I applied for SSD in Sept 2014 along with SSI. Somehow my SSI applications was not entered correctly and what should have been an SSI approval came a bunch of apologies for the filling of my SSI incorrectly. I appealed the SSD denial in July 2015 and a new application was submitted for SSI with that date. After my ALJ hearing, I received a fully favorable decision of concurrent benefits without an attorney with EOD of October 2013. I was advised the SSI will pay me from July 2015 thru current. I am told SSD will begin in December and the SSI will stop as my SSD with claiming my children exceeds the SSI benefit. My question that is confusing me is will SSD back pay me thru October 2013 thru November 2016 for back pay or since I will receive backpay from SSI for some of those same months, will the SSD backpay only cover the months that SSI didnt cover

    • Kay Derochie

      Dear Kristy,

      Your Social Security benefits will begin to accrue April 2014 after the five-month, unpaid waiting period and will include payment for months up through the month before the first regular monthly benefit is paid. However, the Social Security back pay will be reduced by the amount of Supplemental Security Income (SSI) benefits paid for months beginning with July 2015. (Your children’s dependent benefits do not affect SSI and will not be reduced by your SSI back pay.)

      Sincerely,
      Kay

    • Crystal Freeman

      Hello,
      I have a few questions. I applied for disability for my son in August of last year and was denied. I reapplied again in August of this year but didn’t here anything for a while so I called in September and got a letter last week that is for an interview next week. I noticed that under the “what you need” part all it says this time is direct deposit information vs, tax information and medical records like last time. Is that a good sign that he will be approved?

      • Kay Derochie

        Dear Crystal,

        The request for medical records is an indication that your son’s claim has not been approved. It is being reviewed to determine whether he is medically eligible for benefits. If he is denied and you truly think he is disabled, appeal within the sixty-day appeals period with the assistance of an experienced Social Security attorney. When you hire a Social Security attorney, you do not have to pay any legal fees up front, and you will pay attorney fees only if you are approved for benefits. Social Security law sets the amount your attorney can charge and the Social Security Administration pays the attorney directly from the retroactive award before they send your back pay to you.

        Sincerely,
        Kay

  • KH

    Dear Kay , I started receiving unemployment in November of 2014. Total Max benefit unemployment was $5278 . I received $203 weekly after $43 weekly was deducted from unemployment for taxes. I maxed it out I think May or June 2015. I then began working in July 2015 until my last day of work which was January 1st 2016 total earnings from that job were $5628 . My attorney’s paralegal said I made too much that year in 2015 I began medical treatment in the beginning of 2015 my daughter calculated both amounts for 2015 and it’s not over SGA monthly is it ?

    • Kay Derochie

      Dear KH,

      Unemployment benefits are not work earnings and will not affect your Social Security Disability (SSDI) claim. In 2015, the wage benchmark for Substantial Gainful Activity (SGA) was $1,090 gross wages or net self-employment and in 2016 it is $1,130. Check your pay stubs for 2015 and January 2016 to see if you were at or above those amounts in any month. If you either did not perform SGA in any month or only in two or three months and you think that you were disabled before starting work in July 2015 and if you stopped work due to your health, you can claim a date before January 2016.

      Sincerely,
      Kay

      • KH

        Thanks Kay

        • Kay Derochie

          You are welcome, KH.

      • KH

        Dear Kay I apologize I made a mistake some figures . 2014 Nov til first five months of 2015 I received the unemployment and in June til Dec 31 2015 I made $7400 temp job with a staffing service .My last day of work was January 1 2016 Fallout with the manager and I quit the job . I applied for ssi/ssdi May 24 2016 . My hearings in 2 days. I claimed my AOD Jan1 2016 . Could the judge give me back pay for the months of unemployment? The job I had before unemployment I was terminated for missing so many days I gave my attorney a copy of the discipline sheet from the job previous of the unemployment it shows how much time I missed. I have major depression generalized anxiety ADHD mood disorders . Will I get any ssdi back pay?

        • Kay Derochie

          Dear KH,

          I suggest that you discuss whether to change the alleged onset date with your attorney. In order to get benefits before 2016, you would need to change the date of disability onset that you are claiming to an earlier date and you would also probably have to show that you did not earn $1,090 gross per month in 2015 or $1,130 in January 2016 or that you earned that amount only in a few months and left work in January due to conflict related to your disability. My recommendation to itemize your earnings by looking at your pay stubs still stands.

          Sincerely,
          Kay

          • KH

            I worked for 3 hours on January 1st 2016 and never went back to the job. What I said I earned in 2015 is off my w2.
            If the judge decided to could he give me back pay based on my medical evidence, and other evidence if he wanted and if I did not change the date?

            • Kay Derochie

              Dear KH,

              It is unlikely that the judge will decide to establish a disability date earlier than you claimed. As I suggested before, if you want to claim an earlier date, you need to get documentation from your 2015 employer that shows how much you earned each month and change the date you are claiming if appropriate to do so after reviewing your monthly earnings in 2015.
              Sincerely,
              Kay

              • KH

                Thanks Kay, Although my hearing was a dire need and I’m very grateful for. this was very mentally draining for me.other then you guiding me through this process I have been all alone through this process and I thank you no matter what the out come. I worked all my life twice in my life I collected unemployment for no more then six months each time . I started working when I was 16 I’m now 44. I raise my daughter all by myself for the last 22years in one home always try to provide stability .I was rapped by my mother’s boyfriend at 9 repeatedly I have witnessed my mother being beaten so many times I can’t remember to the point you would not recognize her. I also physically abused from her boyfriends.I have nothing but a 8th grade education. I have major depression generalized anxiety ADHD mood disorders. She doesn’t realize how that abuse has affected my life . I now have anxiety that doesn’t even let me leave the house.My mother says I’m being lazy collecting ssdi.I felt like I needed to stop working and get help because every job I have worked I lost because of my depression and anxiety after all these years I am seeing a psychiatrist finally and on medications and have started therapy. I am hoping if I am granted ssdi continue to receive the help I so desperately want and work again. I am not lazy I just need help.

                • Kay Derochie

                  You are welcome, KH.

        • KH

          Dear Kay when I went to my hearing last Friday judge was going over my earning from 2000 saying they were good earnings .then on to 2015 earnings I collected unemployment til May 2015 then he ask when I started working again I said around July 18 2015 til Jan 1 2016 he said your earning were $5628 on that w2 I also watch 2 children also witch is how my total earnings were $7400 in 2015 The Judge ask how many hours I watch them a day I said 7 and there age I said 10and 4 .Why did he ask about 2015 ? Also I get how the back pay goes for ssi/ssd .will I receive retroactive pay?

          • Kay Derochie

            Dear KH,

            The judge asked about 2015 because he is trying to determine the earliest date from which you have been continuously disabled as defined by Social Security law. How much retroactivity and back pay you have will depend on the date that the judge establishes as your disability onset date.

            Sincerely,
            Kay

            • KH

              Thank you Kay

              • Kay Derochie

                You are welcome, KH.

            • KH

              Dear Kay If I was to receive retroactive for 2015 is it calculated from my earning from w2, child care earning or disabilitie amount? Are you entitled to retroactive during my unemployment months?

              • Kay Derochie

                Dear KH,

                Your Social Security Disability benefits will be calculated based on all your earnings, whether wages or self-employment, on which you paid Social Security taxes. If you are found to be disabled far enough back that benefits are payable for the same months you received unemployment you can get benefits.

                Sincerely,
                Kay

            • KH

              Dear Kay I have my decision letter which says fully favorable I apply for SSI and sdd sorry this is so confusing to me
              My decision letter says the claimant has been under a disability as defined in Social Security Act since January 1st 2016 the alleged onset date a disability and her disability is expected to last for at least 12 continuous months. I applied May 24th 2016 like I said this is my decision letter it doesn’t say anything about retro pay does that mean that I’m not going to get it or is that something I received an award letter if granted? It also says the claimants date last insured is June 30th 2020 what does that mean?

              • Kay Derochie

                Dear KH,

                Your benefits for Social Security will begin to accrue June 2016 because the first five months of disability are unpaid. SSI benefits will begin to accrue in June also, which is the month after application because SSI does not pay benefits before application or the month of application unless you applied on the first of the month, which you didn’t. SSI will be paid first and your SSD back pay will be reduced by the SSI back benefits paid for the same period. You will receive separate award letters with dollar amounts and dates of benefits.

                Sincerely,
                Kay

      • Db

        Hey , if I received my first back pay in June , will I receive my next on in November or December?

        • Kay Derochie

          Dear DB,

          If the back pay you are referring to is Supplemental Security Income (SSI) benefits, the next installment is due in December. If you do not receive it by the end of December, follow up with your local office.

          Sincerely,
          Kay

          • cindi

            Hi I was approved on my diability Jan 2016 with onset date Nov 2013. Ssi pay my first payment in Feb 2016 and part of my backpay and attorney fees. Now the processing center has had the remaining backpay to pay out since may 2016 and according to local social security office opened back up by the group that pays it out in october. Is there a number I can call about the status or when it will be paid? The local office doesn’t understand why it’s been with processing center so long. November will make 11 mths since approval. Is there a time line when it has to be paid out?

            • cindi

              Ssi made first payment in Feb 2016 then ssdi took over and switched in March 2016.

            • Kay Derochie

              Dear Cindi,

              I have read both your posts. There are no enforceable rules for processing times, but your back pay should have been paid long ago. The payment processing centers are not set up to take calls from the public. I suggest that you contact your congressperson’s office to ask if they will make a follow-up call for you. Alternatively, you could ask the manager of your local Social Security office to make a manager-to-manager call.

              Sincerely,
              Kay

    • Jeremy

      I received a notice stating my monthly benefit was changed to $1104.10 as of Jan. 2016 which has passed. It also said we found your prior amount was incorrect.

      It also states they cannot pay monthly benefits at this time (which I expected because I discontinued as I’m able to work)

      Can someone explain what the first part means?

      • Kay Derochie

        Dear Jeremy,

        If the benefit increased, you may be receiving credit for 2015 earnings, which initially were not factored into your payment amount. If the amount is less than you received, you will have an overpayment. Ultimately, you will have to ask Social Security for an explanation if the letter is not explicit.

        Sincerely,
        Kay

    • AARON

      Hello, I am 34 and I applied for mental disability in 2005. It is now 2016 and when I went to ssi they began my case again and it says I applied for it in august of 2005. Does that mean that I will receive back pay for 11 Years? Please get back to me . Thanks

      • Kay Derochie

        Dear Aaron,

        I would expect your benefits, if you are approved, to be based on your current application. Social Security benefits begin the later of the sixth full-calendar month of disability or twelve months before application. Supplemental Security Income (SSI) benefits begin the month after the month of application unless you applied on the first of the month in which case benefits begin the month of application.

        Sincerely,
        Kay

  • Essie

    Hi Kay. Thank you for all the help you’ve given me. This has been a very overwhelming and arduous process and I’m very grateful that I had you to help me navigate through it. You are the best!

    • Kay Derochie

      You are welcome, Essie.

      • Essie

        Hi Kay! One last question… I just noticed something on the letter Social Security recently sent me… Right above where it says “What We Will Pay”, it says “We can pay you beginning August 2013.” Could this mean that because I was previously disabled, the 5-month waiting period doesn’t apply? Fingers crossed…

        • Kay Derochie

          Dear Essie,

          If you became disabled from the same conditions within five years of when your last claim terminated, there is no five-month waiting period.

          Sincerely,
          Kay

          • Essie

            That’s the answer I was hoping for! Thanks a million! Best to you always!

            Essie

            • Kay Derochie

              You are welcome, Essie.

  • Essie

    Dear Kay,

    Thank you for answering my posts in the past. I recently received a favorable decision from the ALJ, as well as an appointment for my SSI interview. The appointment is scheduled for Wednesday (10/12.) As you can imagine, my head is spinning and I could really use your guidance. Following are my details, and some of my questions and concerns:

    I filed for SSD and SSI on 6/24/14. The representative who took my statement recorded my onset date as 1/1/13, based on my answers to her questions regarding my ability to work prior to my application. My initial claim was denied, and I was denied again upon reconsideration. In the interim, I received 6 months of provisional benefits. I appealed the denial and had my hearing before the ALJ on 5/24/16.

    1. Upon approval, the ALJ reset my onset date to 7/11/13. My first question is, besides the 5-month waiting period, will the 6 months of provisional benefits also be deducted from my backpay? I’m assuming they will because that would be double dipping, but please confirm. Please also confirm that if this is the case, I should be looking for 27 months of backpay.

    2. My main concern is that following through with my SSI application will delay my SSD backpay. I’ve read some of the information related to SSI on this site, but don’t understand how I would benefit from SSI other than the tax exemption on the backpay, especially since my monthly SSD benefit far exceeds what I would receive from SSI. I would prefer to get my backpay in a lump sum from SSD rather than wait on installments from SSI. Am I missing something? Please advise.

    3. Also, I am eligible for Medicare as of October 2016 because I previously received disability for more than 24 months (2005-2011.) Will Medicare premiums for the time period that I was waiting on my decision also be deducted from my backpay? I can’t see how that would be fair because even if they are backdating my coverage, there is no way I would’ve been able to use my Medicare benefits without being on disability. Please advise.

    I have other questions and concerns but the above are the most pressing. I can pose the others in a follow up post.

    I look forward to hearing from you soon, and thanks in advance!

    Sincerely,

    Essie

    • Kay Derochie

      Dear Essie,

      Yes, the provisional benefits will be deducted from your back pay. Your Social Security benefits will begin to accrue January 2014 and SSI benefits will begin to accrue July 2014. The only other advantage of continuing with your SSI claim would be that you would like receive money faster. Asfar as the installments go, it sounds as if once your Social Security starts, you will not be eligible for SSI, which will allow you to request the balance of the SSI back pay released in a second full payment. If you decide to withdraw your SSI claim, ask that your Social Security record be annotated while you are in the office to show the claim was withdrawn.

      Based on benefits beginning to accrue January 2014, I would have expected your Medicare to start January 2016. If you are eligible for past months, premiums will be withheld. You can submit medical bills for past months for payment to the providers or reimbursement to you if you paid them.

      Sincerely,
      Kay

    • Essie

      Hello again Kay,

      As I wait on your response, another question comes to mind…

      I need my SSD backpay to be processed as soon as possible, as a lump sum. I don’t want to go through all the red tape with SSI and wait on installments…

      If I withdraw my SSI claim, can I re-apply for the months that I was not covered by SSD (5-month waiting period) at a later time? Please advise.

      Thanks again!

      Essie

      P.S. My appointment is tomorrow morning at 9:00 am. Yikes!

      • Kay Derochie

        Dear Essie,

        No, you will not be able to reapply and get the five months SSI benefits you refer to.

        Sincerely,
        Kay

        • Essie

          Hi Kay. Thanks for the reply. Everything went well at my SSI interview. No to wait… In the meantime, I think one of my posts slipped through the cracks… It was the one I posted before the one you answered above. Can you check to see if you have any pending posts from me? If not, I can repost… Thanks!

          • Kay Derochie

            Dear Essie,

            I do not find any unanswered posts. Could you please repost your question?

            Thank you,
            Kay

            • Essie

              Hi Kay! Here is an amended post because some of the questions I previously posted are moot now that I’ve had my interview with SSI…

              “I’m confused about some of the verbiage on my decision letter. Does the following statement mean my benefits will be permanently terminated on March 31, 2018?

              “With respect to the claim for a period of disability and disability insurance benefits, there is an additional issue whether the insured status requirements of sections 216(i) and 223 of the Social Security Act are met. The claimant’s earnings record shows that the claimant has acquired sufficient quarters of coverage to remain insured through March 31, 2018. Thus, the claimant must establish disability on or before that date in order to be entitled to a period of disability and disability insurance benefits.’

              As for Medicare, my benefit verification letter states I’m covered for hospital insurance beginning August 2013, and medical insurance beginning October 2016. I previously received disability benefits for more than 24 months (2005-2011.) I just don’t get how they could withhold premiums for the waiting period when I didn’t have access to the coverage.

              Please advise… Thanks again!

              Essie

              • Kay Derochie

                Dear Essie,

                The March 2018 date is the date before which you must become disabled in order to be eligible for Social Security Disability. It is not a termination date. Hospital Insurance (Part A) Medicare requires no premiums to be paid because the benefit is funded by Medicare tax paid on wages earned, so the first Medicare premiums you are being charged are for coverage in the current month, October 2016.

                Sincerely,
                Kay

  • wing

    Few months SSA reduced my SSI. After appeal they give me the same SSI. Can I ask give me back the different during those months??

    • Kay Derochie

      Dear Wing,

      If the determination says that you were eligible for more than they paid you for past months, you should get a back-pay payment. If you do not receive it within two weeks of having your higher benefit reinstated, follow up with your local office.

      Sincerely,
      Kay

  • Cat

    If someone collects SSI during their five month waiting period, will this money be deducted from their SSDI backpay?

    I am under the impression that backpay is only deducted for overlapping months, not during the waiting period. But I see people online waiving their SSI interviews because they think the money will be deducted anyone.

    Are these people throwing money away?

    • Kay Derochie

      Dear Cat,

      Yes, they are throwing away money when SSI is payable for the same months as the SSDI five-month waiting period. Also, SSI is not taxable and Social Security can be especially in years when large back payments are made.

      Sincerely,
      Kay

      • Cat

        Very helpful. Thank you so much Kay. This site is wonderful!!!

        • Kay Derochie

          You are welcome, Cat.

  • Brittney Fulcher

    hello my daughter was approved end of July of this year….and we started getting payments the 1 st of September I just wanted to know when will she be getting her backpay?

    • Kay Derochie

      Dear Brittney,

      If your daughter was approved for Supplemental Security Income (SSI), the first back pay should be released within a couple weeks.

      Sincerely,
      Kay

  • Carlos

    Hello Kay how are you? I’ve been reading all conversation and it’s very informative. It made me decide to ask my question.
    I was awarded disability retirement since 2014 due to medical issues. I am receiving pension.
    I applied for SSDI. If ever I get approve will my pension be affected or vise versa. Thank you.

    • Carlos

      I mean employers pension

    • Kay Derochie

      Dear Carlos,

      If your pension is based on work for a private employer or on work for a public employer that was also taxed for Social Security, the two benefits will not affect each other.

      Sincerely,
      Kay

  • Ashley

    Hello Kay,

    My fiance is receiving SSDI under his mothers benefit for epilepsy. He is 26 and just won his hearing in march. He was determined disabled at age 22 i believe. The back pay amount they calculated is 33,292. but he received about 14k from SSI. Will they subtract that about from the back pay or how is it calculated? I have called and the operator wasn’t sure but said they were working on recalculating it and would take probably about 4 weeks.

    Also, is it true that we can not be married?

    Thanks!

    • Ashley

      also will they take medicare premiums out for all those past months?

      • Kay Derochie

        Dear Ashley,

        Medicare premiums will be withheld from back pay if he has more than twenty-four months of back benefits coming.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Ashley,

      Your fiance’s back Childhood Disability Benefits (CDB) will be reduced by the amount of SSI back benefits paid for the same period. It is correct that if your fiance gets married, his CDB benefits will stop because he will no longer be considered financially dependent on his mother. Also, if you marry, your income and assets will be considered in determining whether he is eligible for Supplemental Security Income (SSI).

      Sincerely,
      Kay

  • Jennifer

    I just got approved on Friday 9/23/2016, I have been fighting for 4 years. My question is will I get all 4 years of my back pay besides the 5 month waiting period? I can’t seem to find any information on that. Thank you

    • Kay Derochie

      Dear Jennifer,

      Your Social Security benefits will begin the later of the sixth full-calendar month after your established date of disability onset or twelve months before the initial application that just approved upon appeal.

      Sincerely,
      Kay

  • Gene P McManus

    Dear Kay, My decision letter says that I have been disabled since 11/14/2010. I assume that is my EOD. It says that my application was “protectively filed on March 20, 2014”. My first benefit will be paid on the second Wednesday of October, 2016 (September’s benefit). By my reckoning this gives me a full year of retroactive pay (April through March 2013-2014) and back pay since April of 2014 through August of 2016 for a total of 41 months.

    My social security page now is showing my benefits, but under the “information about past social security benefits” on the benefits verification letter, it is listing only December 2014 to July 2016. I cannot figure out how they came up with this. Since this is showing on the benefits verification letter does this mean that this is their official calculation of my back benefits? Might it change? Am I missing something?

    • Kay Derochie

      Dear Gene,

      The first five calendar months of disability are not paid–for you, April 2014 through August 2014–so your benefits should begin to accrue September 2014. The online benefit statement would appear to be wrong. You should get another letter itemizing the back pay; that letter is your official notification and should give you appeal rights. If payment does not start with September 2014, you can appeal. Just a note: “protectively filed” means the date you started the application process, even if it was only a partial application online or a call to Social Security asking for an application appointment.

      Sincerely,
      Kay

      Sincerely,
      Kay

      • cat

        This does not make sense to me. I think the original poster is correct. His payment should start April 2013.

        His eod is 2010.

        • Kay Derochie

          Dear Cat,

          I do not know which post you are referring to. Social Security Disability benefits begin to accrue the later of the sixth full-calendar month of disability or twelve months before the month of the application being approved.

          Sincerely,
          Kay

          • My understanding from your posts is that benefits are eligible (my date of entitlement) from the later of the sixth full month of disability (my EOD) or twelve months before the month of my filing (the date at which I protectively filed) which was subsequently decided in my favor. The benefits dating back to my filing date being back pay and the 12 months prior to my filing but after my 6th month of disability being retroactive pay.

            • Kay Derochie

              Dear Gene,

              That is correct.

              Sincerely,
              Kay

  • Tim

    Hello Kay,
    Dear Kay,

    I did speak with you before about my situation but now I have a question for you. I have noticed you tell people and me to talk with congressperson or go to SSA and have a manager to manager talk. What is the difference between these two? Will it really help expedite the back pay? Lastly, my mom who was Deaf passed away in 2012 at the age of 86. She received SS benefits all of her life and so did I until I worked. Do I receive a one time payment of some sort SS death benefit under my Mom? Now, I am waiting for my SSDI to resume along with back pay. I spoke with you last August 24th. Oh I remember now, I told you that the lady told me I could go to the office and request a check. I did go to the office, she said I would get a payment via Direct Deposit and it never came. So you were probably right that critical payment is a one time only so I will just have to wait. Sorry for lengthy message.

    Thank you,

    Tim

    • Kay Derochie

      Dear Tim,

      Social Security lump sum death benefits are payable only to spouses and children entitled on the deceased’s earnings record at the time of death or after. A manager-to-manager call is a call initiated by the manager of a local Social Security office to a manager in the payment center. Your congressperson is not connected to the Social Security Administration but as your representative to the federal government can make an inquiry. The effectiveness of either one varies a great deal.

      Sincerely,
      Kay

      • cat

        Hi Kay,

        I have two more questions:

        1. What is a manager to manager call? I have never heard of this. Is this something an individual can request, and under what circumstances and how do they request it?

        2. What happens when a Disabled Adult Child stops receiving benefits and then later wants to start again. For example, if they go back to work or get married. But later stop working or get divorced. Are they still eligible for DAC status?

        Thanks so much for this amazingly helpful site.

        • Kay Derochie

          Dear Cat,

          A manager-to-manager call is when the manager of the local office calls the manager of the payment center when payment has been pending way outside the norm, such as five or six months. You can request the call, but whether the call is made is at the discretion of the manager.

          If a disabled adult child receiving Childhood Disability Benefits (CDB) gets married, benefits stop unless he or she marries a person who is also getting CDB. If they divorce, he can have his or her benefits resumed. If the person performs Substantial Gainful Activity for three to six months or more and the claim closes due to work, he or she loses all connection to the CDB benefits.

          Sincerely,
          Kay

  • Kay
    When my ex husband applied for disability we had 3 min or children…it has taken him 3 years to be approved and now we only have 1 minor child…does my other 2 get back pay since they are no longer minors and doesn’t live with me? If so do they get the back pay or do I?

    • Kay Derochie

      Dear Marie,

      The two older children will likely receive the back pay directly because they are no longer minors. When you complete the application for the youngest child, give Social Security your children’s addresses and phone numbers so they can claim their benefits.

      Sincerely,
      Kay

  • Tiffany Haessly

    I was diagnosed with fibromyalgia in 2010 and began fighting for disabilty benefits then, it is now 2016 and I have additional medical conditions added to my case, it is in the appeal stages and I am waiting for the determination. If I am awarded my disability in December of 2016, how far back will they pay me for back-pay?

    • Kay Derochie

      Dear Tiffany,

      Social Security Disability (SSD/SSDI) will be paid based on the date of disability onset that Social Security determines and the date of the initial application that is now under appeal. Benefits begin the later of the sixth full calendar month of disability or twelve months before your current initial application. Supplemental Security Income (SSI) benefits begin the month after the month of application unless you applied on the first in which case benefits begin the month of application.

      Sincerely,
      Kay

      • Siglindy Williams

        Dear Kay, I’m getting confused reading this and things I’m hearing from others. I filed for SSI for my son in October 2014, got denied in January 2015 and appealed in February 2015. My hearing is February 2017, will I be receiving back pay from October 2014, or February 2015?

        • Kay Derochie

          Dear Siglindy,

          If the judge finds that your child became disabled October 2014 or earlier, benefits will be paid for every month that he has been financially eligible beginning November 2014 or beginning October 2014 if you applied on the first of October.

          Sincerely,
          Kay

  • gene

    Kay I am wondering when the medicare costs will be withheld from my months of back pay.

    • Kay Derochie

      Dear Gene,

      If you are eligible for Medicare in past months, the premiums will be withheld when the back benefits are issued. You can then submit medical bills for those months to get payment by Medicare.

      Sincerely,
      Kay

      • Gene

        Thank you for your reply Kay. Until I start getting ssdi benefits I will be fully insured under the affordable care act. Is there some way I can opt not to have part B coverage (or medicare at all), until after the monthly benefits start?

        • Kay Derochie

          Dear Gene,

          Medicare begins after you have received twenty-four months of benefits so it would not start before benefits started. If because of back pay, you are eligible for Medicare when benefits start, you will be notified that premiums have been withheld. You can refuse coverage at the time and get a refund.

          Sincerely,
          Kay

  • gary

    i have been turned down twice for disability, my lawer has sent all paper-work in to another judge it is going on 4 month’s should i be worried that’s it is taking so long…thank=you .

    • Kay Derochie

      Dear Gary,

      I wouldn’t worry. Probably the judge is just backed up and hasn’t yet gotten to reviewing the records.

      Sincerely,
      Kay

      • gary

        thank-you so much .

        • Kay Derochie

          You are welcome, Gary.

  • Cait

    My son was born with congenital conditions at birth which allowed him to be approved for disability in 2007 however he stopped recieving payments of $90/month in 2009 then we were awarded backpay for him. Up till this month he was currently recieving Regular SSI monthly checks and had backpay from a baby. They have now said he is no longer disabled. And they are asking for almost $1200.00 back which I cannot pay them by the end of this month. Can his back pay be used to settle this I can’t find a clear answer. I am still looking for a job and while my husband is working we are struggling to pay the rent right now.

    • Kay Derochie

      Dear Cait,

      If you agree that you son is no longer disabled, you can us your son’s back pay savings to repay the overpayment because, it is your son’s benefits that were incorrectly paid. If you disagree with the medical determination that your son is no longer disabled, you can appeal that medical decision and as part of the appeal the fact of the overpayment. If he has not recovered from his disability, he is not overpaid.

      Sincerely,
      Kay

  • Amanda C

    I have a question about backpay, I applied for SSI/SSDI last year and was denied due to lack of medical proof, this year i have plenty of doc records to back me up and reapplied in June,they now have all the docs records,and i just had my appointment with their doctor this past week and according to them they have till 10/22/16 to make a decision. I was wondering what are my chances for backpay if approved?

    • Kay Derochie

      Dear Amanda,

      If you are approved, your benefits will be paid based on your current application. If you are approved for Social Security Disability (SSD aka SSDI), SSD benefits begin to accrue the later of twelve months before the month the month of application or the sixth full calendar month of disability as established by Social Security. If you are approved for Supplemental Security Income (SSI), your SSI benefits will 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. SSD back pay will be reduced by any SSI back benefits paid for the same period.

      Sincerely,
      Kay

      • Shawanda Jones

        Hello I have a question. My son have been approve for ssi due to he could have autism. But he want no til he go get tested Monday. He received back pay..was that a one lump sum.or he will received another back pay later on. Down the line.

        • Kay Derochie

          Dear Shawanda,

          If you have a question, please post it and I will respond.

          Sincerely,
          Kay

  • Brandon Gatdula

    All of this is new to me. I’m 44 years old and was diagnosed with Stage 4 colon cancer on April 22, 2016 and began a very aggressive radiation/chemotherapy treatment immediately. I have not worked since. My cancer is very advanced and has metastasized from the colon to the lymph nodes, liver and lungs. Luckily I had about 5 months of vacation/sick saved up and I have been receiving that to live off of. I made pretty good money, so my vac/sick leave amount to $3600 a month. I have a family of 5. In September my accumulated sick/vac will run out. Do I have to wait until I’m not being paid hourly, or do I have to wait until I am receiving no income (sick/vacation pay) to apply for SSDI? Someone also mentioned that when I apply it will not take long because I will fall under “TERI” which is an application for disability considered terminal illness.
    Thank you for reading my post. Any information you can provide would be appreciated
    Thank you,
    Brandon

    • Kay Derochie

      Dear Brandon,

      Apply right away so that you have as little time as possible without income. Claim the date you ceased work and provide pay stubs or a statement from your employer that all pay since the date you stopped work has been accrued leave pay. I suggest to move the claim along that after you complete the basic SSA-16 disability application online, you also print, complete, and carry to the Social Security office the SSA- 3368 and SSA-3369, which are medical and vocational statements, rather than waiting for SSA to ask for them. Also, complete the authorization for release of information SSA-827.You can obtain these forms at https://www.ssa.gov/forms/ssa-3368.pdf and https://www.ssa.gov/forms/ssa-3369.pdf and https://www.ssa.gov/forms/ssa-827.pdf. If your condition is terminal within less than a year, you may get a quick “compassionate allowance” approval.

      Sincerely,
      Kay

      • Brandon Gatdula

        Thank you so much for the information that you provided. You helped out a great deal.
        I appreciate it

        • Kay Derochie

          You are welcome, Brandon.

          • Brandon Gatduls

            Kay, I’ve printed everything out and will be very prepared when I go to the SS office. Thank you so much. Do you mind if I ask how you know all of this? You are an amazing help!

            • Kay Derochie

              You are welcome, Brandon. (I have some professional background in Social Security and private disability insurance.)

              Sincerely,
              Kay

          • Jearold Williams

            Hello I am really in need of some assistance. I had a hearing in December 2015. Before and after the hearing I complied by going to 3 different doctors, to evaluate my slipped disc in my back and metal plate and screws in my ankle assigned to me by SSA. As of this point I have not received an approval or denial letter from SSA nor my attorney. How long does this process take, I have have minimal income as i waiting on response. What can i do to see if this can move along faster..?

            • Kay Derochie

              Dear Jearold,

              The guideline is for you to have received a decision within sixty days of the last exam. Although that is an unenforceable guideline, if it has been more than three months since the last exam, I suggest that you call the hearing office for a status. If a decision has not been made so that you appeal is now in letter writing, ask whether each of the exam reports has been received. Then, I suggest that you call your attorney to inquire whether any productive action is possible especially if it has been five or six months since the last exam.

              Sincerely,
              Kay

          • Brandon Gatdula

            Kay, I have one more question for you. My employer said that they would keep me “employed” as long as I want to maintain my medical insurance. I have great
            coverage through work. Of course I will have to pay my share of the
            deductible. Will I be able to receive SSDI and still remain “employed” by my current employer? I won’t actually be working any hours or receiving a paycheck, but they want to help me maintain the medical coverage without interruption. Is this allowed by SSDI? I would hate to apply for SSDI and lose the current medical plan that I’m on.
            Thank you for your time and information. It is much appreciated by my family and I.
            Brandon Gatdula

            • Kay Derochie

              Dear Brandon,

              You do not have to terminate your employment to apply for Social Security Disability. Just answer the questionnaires with the last day you worked. If you are asked whether you are employed, say, yes, but haven’t worked since [the date].

              Sincerely,
              Kay

  • Denis

    Hi, i been receiving SSI for many years, while my wife hasnt, but 2 years ago she signed up, and just now got approval, she should get 550 per month for the 2 years of her application to approval (i thought) but they are saying she will get 360$ per month (back pay) since i was getting the 733$ instead of the 550, so they are taking what i was over payed from my wifes owed back pay? now i owe her instead of them? it said on the letter she could dispute the amount owed? what if she does? thanks in advance

    • Kay Derochie

      Dear Denis,

      It is correct that your benefit is recalculated and reduced for all months in the past that your wife is not eligible and that she be paid the difference between the couple rate and the amount you were paid. The figures that you have been given are based on the 2014 couple rate of $1,082. The 2015 and 2016 rate is $1,100 ($550 each) and will be paid for those years.

      Sincerely,
      Kay

      • Jay brown

        Hello Kay

        I was diagnosed with stage 4 RCC in January and I was told to apply for disability which I was granted and told about the 5 month waiting period before the payments starts but also was told I could get SSI payments of $488 per month til the disability starts. July was my 1st disability payment and I was wondering should I be waiting for the back pay of 5 months for disability or not? I’ve talked to 3 different people at the ssi office and was told 3 different things.

        Thanks

        • Kay Derochie

          Dear Jay,

          Your SSI should begin to accrue the month after you applied unless you applied on the first of the month in which case it would begin with the month of application. The back pay should be paid to you within a month of getting your first SSI monthly benefit, so I suggest that you follow up to the local office.

          You are receiving a reduced SSI amount apparently because you are receiving free housing and/or food (food from a source other than SNAP [food stamps]). Once you have income, if your Social Security has not started and if you pay your share of those costs, your SSI can be increased until your Social Security begins.Your share is the total expenses divided by the number of people in the household. Shelter expenses are shelter utilities (power, heat, water/sewer, and garbage) and rent or mortgage, property tax and, if required by the lender, property insurance.

          Sincerely,
          Kay

          • Jay brown

            Hello Kay

            Thanks for responding but i don’t receive any other assistance. I got diagnosed mid January and that’s when I was told to apply for disability which I was approved quickly due to my illness but they told me I would have to wait 5 months before the 1st payment. They said I could get supplementary income until then so I’m asking if I should still expect back pay for the disability?

            Thanks

            • Kay Derochie

              Dear Jay,

              There may be some Supplemental Security Income (SSI) back pay due back to the month after you filed your application or the month of application if you applied on the first. There will be no Social Security back pay if you have not yet completed the five-month unpaid waiting period.

              Sincerely,
              Kay

  • Steve A

    Kay,
    I have received my back pay from SSI and SSD.
    10 months worth.
    the first 5 months SSD does not pay, so only SSI paid me.
    the second 5 months, I received the full amount from BOTH.
    $703 per month SSI, $797 per month SSD.
    If SSD should have deducted the 703 SSI paid me, they did not.
    Trust me, i have talked to many SSA workers..lol.
    Did they law change this year maybe?
    OR was I overpaid, and how do they handle the overpayment?

    Thanks,
    Steve A

    • Kay Derochie

      Dear Steve,

      Before you can refund the apparent overpayment, Social Security has to calculate the overpayment, if you are overpaid. While you are trying to figure things out, don’t spend both of the benefits paid; keep it in case you do eventually have to refund.

      Here is some general information that may be of some help: Your Social Security back pay is supposed to be reduced by SSI back benefits paid for the same period. If your ongoing Social Security benefit will be $1,500, then the offset has occurred and you are not overpaid Social Security because you did not get the full $1,500. On the other hand, if your ongoing SSD benefit after SSI stops will be $797 and the back pay was paid after SSI had been paid for the same months, then there is a Social Security overpayment of $703 for each month of overlap because the offset didn’t occur. Another possibility is that the SSD was properly reduced and the benefits started with a lump sum back payment in the right amount; and because it was received all in one month, the SSD back pay counted only in the month it was paid. If that is the case, only SSI benefits paid in the month of the lump sum would be overpaid because for SSI income counts when it is received.

      If the information I have provided above does not help you sort things out, I suggest that you gather the letters and take them to Social Security and ask that the information in the letters be compared to your Master Beneficiary Record (MBR) to be sure the months of Social Security paid per the letter match the payment dates and amounts on the MBR and that the SSI letter matches the SSI computer record of payment. Either the representative will be able to show you that you are not overpaid and why or the rep will recognize the overpayment and either notify the payment center to calculate the SSD overpayment and issue a letter or have the local office correct the SSI record so an SSI overpayment is calculated.

      Sincerely,
      Kay

      • cat

        Kay,

        Thank you for this response.

        I am confused about something.

        Under what circumstances would SSDI be paid in a lump sum that only counts as one month? Wouldn’t any backpay received always represent monthly payments that had accrued over time.

        • Kay Derochie

          Dear Cat,

          Yes, back pay usually includes more than one month of benefits, but for the Supplemental Security Income (SSI) program, income counts when it is received.

          Sincerely,
          Kay

      • LEJ

        Hello Kay,

        First and foremost THANK YOU for being patient and answering so many questions.

        My situation is as follows: I applied for SSDI in January 2014, no surprise I was denied I finally received a hearing with the ALJ in July of 2016. At the hearing my lawyer and Judge decided that AOD was June 2014. The judge told me I would receive a decision in 4 weeks. I know that was pie in the sky if I was lucky (I wasn’t born lucky) so I waited until end of August. No decision.

        What if anything can I do to get a decision?

        If I am approved exactly how many months of back pay would I be entitled to? The internet and all its answers has me cross eyed and more confused.

        Thank you for your help

        • Kay Derochie

          Dear LEJ,

          If you are in danger of becoming homeless, your attorney could submit a dire need statement and that might help a little. Otherwise, there’s not much you can do to speed up the decision. You can get some information about the appeal by calling the hearing office to see if the decision has been formally made and is in letter writing. Your back benefits will begin to accrue December 2014, the sixth full-calendar month after your established date of disability.

          Sincerely,
          Kay

          • LEJ

            Thank you for all the help

            • Kay Derochie

              You are welcome, LEJ.

  • TIm

    Hello Kay,

    I have been Deaf all my life and I do receive SSDI until I worked for 7+years and let me go in May of 2015. I got 6 months of provisional then stopped in December. I had to have hearing evaluation on Feb 4th and the was approved on or about Feb. 24th. I received one critical payment last month July (one time only). I still have not received anything. I called the SSA office, they told me they send a letter via computer to headquarter and explained the payment center is overwhelmed with understaffed and back log of files. It is now 9 months for me to wait. When do you think will I get my backpay? Will I get backpay since January of 2016 to now or since June 1st of 2015 even though I received provisional for 6 months only.

    Thank you,

    Tim Hanson

    • TIm

      I mean, I stopped getting SSDI (9 month trial) when I work for 7+ years. I did work a lot prior to my last job. I earned enough credits. Just to clarify it here.

      Thanks again.

    • Kay Derochie

      Dear Tim,

      I suggest that you contact your congressperson’s office to ask them to follow up with the payment center. Apparently, less than five years passed from when you claim closed to at the end of your Extended Period of Eligility (EPE) during which your benefits were suspended, and when you stopped work again because the provisional payments were made without the usual five-month unpaid waiting period for Social Security Disability (SSD) benefits. Your back pay will go back to December 2015 because you have already been paid for June through November (November paid in December). You would only be paid additional money for the earlier period if the final calculation of your benefit amount is more than the estimated provisional payments.

      Sincerely,
      Kay

      • I forgot all about this until I saw this in my bookmark. Thank you and I understand now. I called them again yesterday. They told me that I can go to the office and obtain a check. Is that true then how come the person told me I can only get one critical payment last July like I told you. Can I get a check by going to the office while they work on my case? This is all I would need to know until I hear from them again. Oh by the way, how long can they go far reviewing my case? Like it is 9 months now and I heard that they can review up to maximum 24 months limit before I get the payment? So two questions.
        I understand you are very busy answering many questions and I truly appreciate your patience.

        Thanks again!

        Tim Hanson

        • Kay Derochie

          Dear Tim,

          Usually critical payments are limited to one, but if you told the person recently talked to that you had already gotten one and you were told you could get another, there’s nothing lost in trying. You should have gotten a disability decision by now. If you haven’t or you have the decision and you have been waiting more than five months since the decision, I suggest that you contact your congressperson’s office to see if they will follow up for you.

          Sincerely,
          Kay

          • Hi..I have a question. Sorry. I didn’t know how to start my own thread. My fiance got a bench approval from the judge on July 19th 2016. It is Sep. 23rd 2016 and we still haven’t received ANYTHING… A letter.. Money..back pay..nothing. Our local as office just keeps saying that the judges decision isn’t in the computer yet. How long does it usually take and should we be worried? We expected help by now..and things are very..very hard..thank u..Teresa and eric

            • Kay Derochie

              Dear Teresa,

              The guideline is sixty days for a decision, but it is just a guideline and can take longer. Your fiance can call the hearing office to see whether the decision has been made and has moved to the letter writing stage.

              Sincerely,
              Kay

  • karen

    Dear Kay I only earned $7,500 for 2015 which is way less then my earnings the last couple years I stop working January1 2016 applied for ssdi May 24 2016 can my back pay for ssdi go back in 2015

    • Kay Derochie

      Dear Karen,

      If your low earnings in 2015 were due to your health, you can claim the date in 2015 when your monthly earnings dropped below $1,090, which was the benchmark for Substantial Gainful Activity (SGA) in 2015.

      Sincerely,
      Kay

      • karen

        I have all my paystubs and W2 from 2015 should I show them to my attorney before my hearing which is coming up in about a month?

        • Kay Derochie

          Dear Karen,

          Yes, your attorney should know about everything that could potentially affect your claim.

          Sincerely,
          Kay

  • gary

    Waiting on a decision for SSD i currently get medicaid,what will change if anything .

    • Kay Derochie

      Dear Gary,

      Depending on the amount of your Social Security Disability (SSD) benefit amount, your Medicaid will either be continued or terminated.

      Sincerely,
      Kay

      • gary

        THANK’S

        • Kay Derochie

          You are welcome, Gary.

  • Tona George

    Hi, My husband and I have been disabled for years (him- 12 yrs and myself -7 years) and we just applied and were awarded an extra $144.00 a month for our 1 year old son. I have spoken to a few different people from S.S. and everyone gives me completely different answers. I was told that the govt will only give us 50% of our backpay since our sons birth after we were told by another lady we spoke to in person that we were getting 144 multiplied by the 10 months of backpay and 144 each month after that. They keep telling us so many conflicting things! My question I guess is, is it true that they are only allowed to pay us 50% of the backpay which would have been about $1400 at $144 a month for 10 months. Second Question: should we have bene getting any money for my 9 yr old daughter (my present husband of eight years’ stepdaughter) since they say I didn’t make enough prior to being on disability to get anything for her over these past years that he and I have been married. My husband was on disability before we met. I understand that 144$ a month is our family max but should my husband have been getting that for my daughter these past 8 years that he and I have been married? I hope I wasn’t too confusing. Thanks

    • Kay Derochie

      Dear Tona,

      Back pay will be paid at the full monthly benefit; however, retroactivity (payment before application) is limited to six months. This means that the back-pay months will be six months plus the months it took to pay the claim after it was filed. (That may account for the ten months you are being quoted.)

      It is unlikely that your daughter is eligible for benefits on your husband’s account because to be eligible as a stepchild, the stepparent had to have been providing more than 50% of her support at the time he became disabled or other points in time related to the filing of his disability claim. Also, if she were eligible in terms of being a dependent stepchild, no application has been filed for her; so the most retroactive pay she could get would be six months and her benefit would reduce what is paid to your son.

      Sincerely,
      Kay

      • gary

        my wife get ssi and owes back pay which is taking out every check, if i get approved for diability can they take what she owes away from me..?

        • Kay Derochie

          Dear Gary,

          Social Security will not collect your wife’s overpayment from your benefits; however, if your wife gets SSI, which is Supplemental Security Income, your getting Social Security Disability (SSD) may cause a reduction in her Supplemental Security Income (SSI) benefit. If you are approved for SSI, your and your wife’s benefits will be recalculated based on rates for a disabled couple. If your wife actually gets SSD, then benefits you receive will not impact the amount of her benefit.

          Sincerely,
          Kay

  • Amber

    Good evening! I’m the sister and payee representative for a disabled adult who was receiving SSI benefits since Oct. 2013 (he was 19 years old at the time) up until July 2016. He’s now been awarded SSDI and his letter says they’re withholding benefits from that time until they reduce what they have to because of his previous SSI payments, which have now been cut off because of his SSDI payments.

    My question is, will he receive backpay for that amount of time (Oct. 2013-July 2016), a time frame specificied in his letter? And would that definitely be 33 months worth of backpay?

    • Amber

      Also, with him now receiving SSDI, he pays a premium for Medicare ($121.80). Will they factor that money into his backpay?

      He’ll soon be waived from paying the premium monthly altogether, so I’m wondering what that means for his backpay.

      Thank you.

      • Kay Derochie

        Dear Amber,

        For any month that he is responsible for the Medicare premium, that amount will be withheld from his back pay.

        Sincerely,
        Kay

    • Kay Derochie

      Dear Amber,

      Your brother will receive SSD back pay in an amount equal between the difference between the amount of his Social Security benefit and the amount of SSI already paid for the same months.

      Sincerely,
      Kay

      • Amber

        Thank you so much for the information, Kay. You’re a great help to many people.

        • Kay Derochie

          You are welcome, Amber.

  • Shannon K

    Hello,
    I have a few questions.
    I am a 100% disabled Veteran and I first applied for SSDI in February of 2011. I was denied.
    I applied again about a year later, and was denied again. This time I was denied because I had not worked since 2012 and was told I did not have enough work credits.
    I just applied this last month 07/16 and want to know if I can have my date of disability back dated to the actual award date from the VA which was in 2011 because if it were to go off that date I would have enough work credits. I also have medical documentation that actually shows I became disabled in 2010 and I worked a few weeks at a time, but had a really difficult time due to my disability.
    I feel that the times I was denied my claim was not looked at properly. I have read the questions and comments on this site, but I am still really confused.

    • Kay Derochie

      Dear Shannon,

      Any claim you file now has to claim a date of disability later than the last time you were denied. Because you did not appeal your denial in 2011, that decision is closed. The same is true of the claim you filed in 2012. If you now claim the earlier date that you claimed in 2011, your claim will probably be denied res judicata (already decided).

      Sincerely,
      Kay

      • Shannon K

        I don’t understand why I would be denied if I was too sick to do an appeal, also, they did not look at my information correctly. I just received a call from SS and the women told me that the person who denied my claim was most likely new as I was disabled and had proper documentation. If they just keep denying sick people how is anyone supposed to get benefits?

        • Kay Derochie

          Dear Shannon,

          You might have been able to establish good cause for filing a late appeal if you were a month or so late in appealing but not all the way back to 2011. It is very rare that Social Security reopens a prior denial; so despite any error that might have been made earlier, it is likely your claim will be paid based on your current application filing date.

          Sincerely,
          Kay

      • Chris

        We didn’t appeal in 2011 and our lawyer got ours back dated when they reapplied in March 2016 to the original application date so it can be done. We were approved in July and We get our first payment this month and our back pay is big so it could take up to six months… That’s what we were told ☺️

        • Kay Derochie

          Dear Chris,

          Yes, it does happen, but not often. Thanks for sharing.

          Kay

  • Jack

    (Hope it’s the right thing to do…I accidentally sent my post as a reply to an old thread so I copied it here to get it posted correctly.)

    Hi Kay,
    You have written so much good advice for all of us, thank you. Soon I’ll receive my first SSDI check then, it seems from your posts, back pay will follow in 2-3 months. I understand 1st five full month subtraction. That’s all clear. My questions relate to dependent benefits for my eligible son. He was held back a grade years ago and will graduate high school the same month he turns 19. He is and will be 17 when the 1st check arrives. There will be about 14 months of back pay. Depending on when back payment arrives, my son could be either 17 or 18. My health is bad and we are working with a child caseworker to move my child to another state soon where my adult son is going to take legal guardianship but I will contribute to expenses. My questions are:
    1. Who are the dependent benefit payment and back payment made out to under normal circumstances before and after a child turns 18?
    2. If the back pay period includes 12 months he was under 18 and living with me, one month he was under 18 and living in another state with my older son as his legal guardian, and one month where my ‘dependent’ son is 18 and living with my older son…who will back payment be made out to? My dependent son, my older son, myself, a prorated percentage, or do we lose it all together?
    3. On-going, if my dependent son is living in another state with my older son as legal guardian, does he lose the dependent benefit all together? If so, is he still elligible to receive those benefits via back payment for the time he was living with me?
    4. For states that tax SSDI, like mine, should the dependent benefit amount be filed under his own tax return?
    5. Is there anything I could do to make this more complicated?

    Thank you for your time and if you have any suggestions I’m all ears. -Jack

    • Kay Derochie

      Dear Jack,

      I answered all your questions in response to your first post except the tax question. I suggest that you check with the IRS or a tax accountant for the answer.

      Sincerely,
      Kay

  • Sarah

    Hi Kay. I have a hearing scheduled for tomorrow after waiting 3 years. I have cervical and lumbar radiculopathy and have had several spinal procedures. The drs have all recommended spinal fusion and i have been declared maximum medical improvement for pain management. I have cervical, thoracic and lumbar disc herniations, numbness and tingling in all extremities. Prior to my accident I did not have a strong work history. I have had more occupational education (cosmetology license, paramedical esthetic training) and have been working on my bachelor’s degree part time for the last 4 years. I have hired a lawyer but how does it work if I have more education than work history and the education is in fields I am not able to work in because of my injuries? Thank you!

    • Sarah

      Also, I had fusion scheduled and found out my husband and I were pregnant. I have held off on surgery and pain medication because I wanted to nurse for two years as recommended by his pedi.

      • Kay Derochie

        Dear Sarah,

        You should also let your attorney know about your decisions, so that he or she is informed about all aspects of your situation in case the judge asks why you are taking pain meds.

        Sincerely,
        Kay

      • Joseph

        Hello, I had my interview for SSI BACK PAY yesterday and I have my own account set up for direct deposit I am wondering when will SS know the amount I am approved for and when can I expect to receive my backpay

        • Kay Derochie

          Dear Joseph,

          You could receive your first Supplemental Security Income (SSI) benefit anywhere from a week to a month or more after the interview you referenced depending on the workload in your local office. The award letter is likely to arrive at the same time or a little later than your direct deposit. Monthly benefits are paid first, followed by the back pay. If the back pay is more than $2,199, it will be paid in up to three installments six months apart.

          Sincerely,
          Kay

          Sincerely,
          Kay

          Sincerely,.

    • Kay Derochie

      Dear Sarah,

      I suggest you talk with your attorney about the reasons why you have a weak work history. He or she can decide whether it is a good idea to offer an explanation. The education will not adversely affect your claim if you are physically unable to perform the occupations that you were trained for.

      Sincerely,
      Kay

  • Kris

    My son is autistic, OCD and ADHD. Since about the age of 5 he was receiving SSDI then when he was about 10 mine and his step-fathers income caused the benefits to be stopped. I just reapplied for them now that he is 19. Will the fact that he already was found to be disabled and the only reason his benefits stopped was due to my income will the process go a little faster? His councilors and Dr were the ones who suggested I reapply as he is not able to hold a job. The woman at SS seemed to think that it was going to be done quickly but reading these posts I am thinking it will be a while. Just want to know what I should expect. Thanks

    Kris

    • Kay Derochie

      Dear Kris,

      The definition of disability is different for adults than it is for children; so although there is a good possibility your son will meet the disability requirements, there is no guarantee. New claims take from two to five months to process.

      Sincerely,
      Kay

      • Jody

        Kay,

        My son was approved for ssi. Everything was turned in on time July 1. On average I make 1500 a month roughly. I have the one child that’s disabled and one non disabled child. He gets back pay all the way to January. During January thru March I was working making about $1500 a month. Then April thru June I was on tanf which was $613 due to my maternity leave. So April I had 2 non disabled children and one disabled. My rent is $875. How much will my son get in back pay and each month for ssi? Everything was processed on July 1st. How long will if take for him to receive his check? Looking forward to your response.

        Thank you,
        Jody

        • Kay Derochie

          Dear Jody,

          Assuming the $1,500 is gross wages and that no one is paying for the family’s shelter or food (other than SNAP or a housing authority), your child will be eligible for $733 every month. However, it is likely that part of the back pay will go to repay the state the amount of public assistance you received while on TANF.

          Sincerely,
          Kay

  • nathalie

    I was just approved for temp approval with ssa, I was told what it means basically but still I’m not quite understanding can you help me, maybe in children’s term

    • Kay Derochie

      Dear Nathalie,

      Without context, I can’t say for sure what you mean by temporary approval. A partially favorable approval means either Social Security established a date of disability later than you claimed and/or Social Security says that you have recovered from your disability and you will be paid for a limited period of time. Alternatively, temporary approval might mean that you have a serious condition that is presumed to disable you, but a final decision has not yet been made and a final approval will not be made until all the evidence has been reviewed.

      Sincerely,
      Kay

    • Jack

      Hi Kay,
      You have written so much good advice for all of us, thank you. Soon I’ll receive my first SSDI check then, it seems from your posts, back pay will follow in 2-3 months. I understand 1st five full month subtraction. That’s all clear. My questions relate to dependent benefits for my eligible son. He was held back a grade years ago and will graduate high school the same month he turns 19. He is and will be 17 when the 1st check arrives. There will be about 14 months of back pay. Depending on when back payment arrives, my son could be either 17 or 18. My health is bad and we are working with a child caseworker to move my child to another state soon where my adult son is going to take legal guardianship but I will contribute to expenses. My questions are:
      1. Who are the dependent benefit payment and back payment made out to under normal circumstances before and after a child turns 18?
      2. If the back pay period includes 12 months he was under 18 and living with me, one month he was under 18 and living in another state with my older son as his legal guardian, and one month where my ‘dependent’ son is 18 and living with my older son…who will back payment be made out to? My dependent son, my older son, myself, a prorated percentage, or do we lose it all together?
      3. On-going, if my dependent son is living in another state with my older son as legal guardian, does he lose the dependent benefit all together? If so, is he still elligible to receive those benefits via back payment for the time he was living with me?
      4. Is there anything I could do to make this more complicated?

      Thank you for your time and if you have any suggestions I’m all ears. -Jack

      • Kay Derochie

        Dear Jack,

        Thank you for the chuckle with your fourth question.

        Your child’s entitlement does not depend on where he lives. All the back pay will be paid to the one payee. If your son is age eighteen when the benefits are released, the back benefits and ongoing benefits will likely be paid to him directly. If he moves to live with your other son before the benefits are released, your older son should file to be payee for him because he will be aware of his ongoing needs. Whether you or your son is payee for your younger son, the payee is responsible for using the money for your son’s current needs, deferred medical or dental care or other deferred needs, and future needs, such as post-secondary job training or education.

        Sincerely,
        Kay

  • tee

    my attorney said I will get my disability and back pay in a month is that true

    • Kay Derochie

      Dear Tee,

      See my reply to your first question. It provides general information. Your attorney may have more specific information regarding your area, so he or she may be correct.

      Sincerely,
      Kay

  • tee

    good afternoon, I was awarded disability at my hearing june 2016 the judge stated I had a very great work history and explained I could not work and explained he is ruling in my favor for disability and gave me the back pay date of December of 2013. I also have a dire need in my file. I spoke to the local office and m attorney and they said dire needs move faster is that true when it comes to get your monthly payment and back pay. They also said it was with a writer how long does that take?

    • Kay Derochie

      Dear Tee,

      Depending on the workload in your hearing office, the letter writing process can take from a week to a month or more. Once you get the letter, even a dire need case can take a month or more for payment to start.

      Sincerely,
      Kay

      • tee

        ok thank you so much. I have one more question. If I had a longer term disability claim were my job took out money every two weeks. When it comes to getting my back pay do they take it out or do I payment after I receive it?

        • Kay Derochie

          Dear Tee,

          Social Security Disability (SSD) will not be reduced by LTD benefits. You have to report the SSD to the LTD insurance company and use your SSD back pay to repay your LTD overpayment.

          Sincerely,
          Kay

  • Len

    Kay, I read up on your history working with SSDI. Thanks for your time –

    My wife has had 7 spine surgeries since ’02, with a full spinal fusion and titanium rod supports in ’09. Even so, she’s always loved work and she continued to work, though much less after the full fusion, only averaging about $1K in income per month, sometimes less. Last year she had a related spine incident that sent her to the ER and required 2 major spine surgeries in mid-and-late 2015.
    With continued high levels of pain, post-surgeries – and greatly diminished strength, stamina, and mobility – it became clear she’d no longer be able to work after the 2015 procedures. With her condition and continued need for pain medications, we truly believe her RFC would be considered less than sedentary. She filed for SSDI 3 weeks ago and she gave the incident date from last July. Recently, a friend of ours who works in pensions brought up something neither of us had ever considered, and I saw in the comments above that some people were asking about claims dating back to 2011 – so my question to you is:

    Does Social Security ever look at past medical records and decide to go back and award a claim to an even earlier date – say earlier than than the incident date last July? Would they look at my wife’s records and consider that her ’09 full spinal fusion was reason enough to award her disability claim back to that time? (Or will they only go back 17 months?)

    And I guess I should also ask – based on this information, do you think she will be approved? Approved QDD? We faxed one page of additional relevant details (beyond the form questions) along with an X-ray of my wife’s spine to the phone interviewer. And there are about 500 pages of medical records available to provide pertinent info about her 7 major procedures and ongoing condition. Thanks again for your time.

    • Kay Derochie

      Dear Len,

      It is unlikely that Social Security will establish a date of disability earlier than the one claimed. If your wife was earning less than $1,130 gross per month prior to that time, she can contact her local Social Security office and the Disability Determination Services (DDS) with a written statement changing her alleged date of disability to the last time she grossed below $1,130. (If over a few months or more she averaged less than $1,130, she might be able to claim the beginning of the period averaging less than $1,130 as the disability date. If she does that she, should state she started to average less than $1,130 on a certain date and stopped entirely on another. She will have to submit pay stubs to support this.)

      The seventeen months is the maximum retroactivity of twelve months plus the five calendar-month waiting period that is not paid. So, if your wife can establish that her medical condition as of December 2014 or earlier was such that she was unable to earn $1,130, she would get the maximum retroactivity of twelve months benefits.

      Sincerely,
      Kay

      • Len

        Kay – thank you so much!

        If you could clarify, please – because establishing disability through SSDI back to ’09 would affect the amount of my wife’s monthly union pension payments, too. And they came right out and encouraged us to check on this. So, if I understand you correctly – what you are saying – in theory…

        Is that my wife could submit pay stubs or tax returns showing that she averaged less than $1,130 per month all the way back to her full spinal fusion surgery in 2009 – to try to establish December of ’09 as her official disability date with SSDI – and SSDI COULD actually establish her disability back that far – but she would still only receive retroactive SSDI payments back a maximum of 12 months.
        Yes?

        • Kay Derochie

          Dear Len,

          Yes, you are correct in your understanding; however, your wife would also have to provide medical documentation of her inability to work more than she did back to 2009 or to the point in time she was last insured for Social Security Disability benefits.

          Sincerely,
          Kay

  • Rogelia

    Dear Kay,
    First of all i am very thankful i came across this forum that has been very insightful. I also am very pleased to see all he good advice and answer you have given many. My situation is quite different from all these stories. In August 2007 i was ran over by a vehicle. I did not apply for SSI because i was not familiar with it besides me having some mental problems. The beginning of last year (2015) i applied for SSi due to the fact that i am still suffering physically and mentally from that accident. They denied me. Now in February of (2016) i reapplied for SSI after i was hospitalized for the same reason. Once again i was denied. (so frustrating) Now i have contacted a lawyer to appeal the denial. I was asked if i wanted to claim SSI since the first time i ended up in the hospital (2007) and i said yes. I have been reading about the back pay and doing my math. If I am not mistaken I would be receiving more then $150,000.00. My question to you is, is it possible to receive that large amount of back pay?? I await you response patiently. Thank you for your time and advice in advance. Have a blessed day.

    • Kay Derochie

      Dear Rogelia,

      Social Security Disability (SSDI) benefits begin to accrue the later of the sixth calendar month after the month of disability onset as established by the Social Security Administration or February 2015, twelve months before the current application. Supplemental Security Income (SSI) benefits begin the month after the current application. The reason for claiming disability on the earliest date possible is to be found disabled while you were still insured for Social Security Disability; but benefits would only go back that far if the approved claim was filed within seventeen months of the disability onset.

      Sincerely,
      Kay

  • Nadine

    Having a couple of questions I applied for ssdi in January 2015 and it’s still in pending and being reviewed I have been out of work since June 2015 to present. I have been diagnosed with severe anxiety panic attacks PTSD. And this issues didn’t being until May 2012 when I got very sick and had swelling in my throat and tounge and ever since then I’ve been on several meds therapy and I was also a risk factor for work being that I worked in the hospital. And missed so much work since then will I get back pay since all these issues have started or only from the time i applied from. Thank u

    • Kay Derochie

      Dear Nadine,

      Social Security Disability benefits will begin to accrue the later of the sixth full calendar month after your onset of di

      If you are not in an appeal stage, your claim should have been decided long ago. If you are not appealing, I suggest that you contact Social Security to be sure the claim is still pending and that a determination letter was not sent. If it is still pending, ask for the phone number for the Disability Determination Services (DDS) so you can talk with the claims examiner to find out why your claim has been pending for a year and a half. If you don’t get a relatively firm estimate of when you will get a decision, I suggest contacting your congressperson’s office to see whether they will follow-up for you.

      Sincerely,
      Kay

  • Robin

    I was awarded SSDI monthly benefits as of Nov 2012. My monthly benefits started this Feb 2016 with no worries. However, I was awarded the back pay to Nov 2012 of those monthly benefits for a rather large amount. As of today, STILL no payment of the back pay. It has now been over 130 days and when I contact SS they only say then can send a message to the payment center; that my back pay is “processing”. Do you have any insight as to why this back pay has been so long in coming? I have many bills that need to pay off to help us on a monthly basis and this would do that. Is it because of the large back pay?

    • Kay Derochie

      Dear Robin,

      I suggest that you go to your local Social Security office and ask to speak to a supervisor about the office doing a manager-to-manager call to the payment center. If that is not successful, consider contacting your congressperson’s office to see if they will do an inquiry to the payment center.

      Sincerely,
      Kay

  • Matthew Hood

    I am just learning more about back pay, and I think I have an understanding. But it just seems too good to be true. I just saw a judge almost a month ago and got approved at $760/month. He determined I was disabled mid-March, 2012. I know that month wouldn’t count, then five months don’t count, so it would begin in September of 2012. So from the date until June, 2016, I will be getting back pay at $760/month for 45 months? At that rate, that is $34,200. I have to give 25% to my lawyer, so I will still be getting $25,650…This is right? Thanks!

    • Kay Derochie

      Dear Matthew,

      Almost right. The total you figured might be slightly less because there were small cost-of-living adjustments a couple years, which means that your rate for years prior to 2015 would be slightly less per month. The other detail is that your attorney fees are capped at $6,000 unless your attorney petitions for more due to unusual work.

      Sincerely,
      Kay

      • Matthew Hood

        Thanks, Kay! That’s all good to know. Thank you for your reply.

        • Kay Derochie

          You are welcome, Matthew.

          • Carmena

            Hi Kay. I have been driving myself crazy reading up on every question I could think of. Here it is. My ALJ hearing was Jan 11,2016 lawyer and myself thought we were done and waiting for reply. Then we got a letter stating its continued until May 4, 2016!! Ugh wait wait. Finally that day came and felt that judge gave me an approval. Sure enough approval dated May 20,2016. Waiting for award letter and or money!! I finally spoke with someone who told me that I will get $495.00 a month. Judge stated my onset date is June 30, 2013. I applied in January 14,2014 so minus the five months will I get back pay from December 2013? It is June 14,2016 and nothing told its at the processing center. How long until I should see anything?? How long do they have for cut off date till I can complain if necessary??

            • Kay Derochie

              Dear Carmina,

              Yes, your benefits will begin to accrue December 2013. Allow sixty days from the date of the approval letter before you ask the local office to follow up to the payment center. Monthly benefits usually start a month or more before back pay is released.

              Sincerely,
              Kay

      • Wakiha

        Can ssi make me pay back money from the old payee was over paid

        • Kay Derochie

          Dear Wakiha,

          The person who is overpaid is the Social Security beneficiary or SSI recipient, not the payee. If the prior payee was negligent in reporting, the payee might be required to repay. Otherwise it is the recipient who usually repays. You can, however, ask for waiver of repayment based on the overpayment not being the beneficiary’s or current payee’s fault and on the beneficiary’s inability to repay. This will require completion of a financial statement.

          Sincerely,
          Kay

  • Brooke Stephens

    Hi, I have a question. Which I am sure gets asked a million times. Where is my back pay for SSDI?!? I was approved back in Feb by a judge. Got my letter in March. 1st SSDI payment came in May. I am waiting on a large sum from them somewhere around $58,000. I never had ssi or any workers comp or anything like that. So I am not sure what the hold up is? I have called and all I ever get is that its at the payment process center. Any advice on how much longer it could take?

    • Kay Derochie

      Der Brooke,

      Quite a few claims have a month or two month gap between the first monthly benefit and release of the back pay. Additionally, I don’t know the exact cutoff mark, but very large amounts of back pay require two payment center reviews with two authorizations. If you haven’t received the back pay by the end of July and you are in a dire need situation such as needing money for a surgical co-pay or are in threat of eviction or foreclosure, you could ask the local office for a manager-to- manager call to the payment center.

      Sincerely,
      Kay

  • Linda

    My husband was recently approved for disablity and his monthly benefit does not seem to be right. When he first applied, I am 99% sure his benefit was supposed to be $849 a month and that was in 2011. After many appeals and federal court he was approved but his monthly benefit is only $875. Based on the raises that were given during these years, I think his benefit should be closer to 915. What may have cause this reduction.

    • Kay Derochie

      Dear Linda,

      The estimate given before final calculation is just an estimate, so the formal determination is probably correct.

      Sincerely,
      Kay

    • Keeton

      To Kay,

      I received my letter for a “Fully Favorable” decision in April 2016. I then received an additional letter with my monthly disability amount and the amount of back pay that I was to receive in 45 to 60 days of my decision, so that 60 day mark is coming up soon, but my question is how will they send me my back pay? Will it be sent through my direct deposit I have set up for my disability payments or will they send me a check? If my back pay is over 10k, how is it paid out, is it one payment or is it in payments. Also how much per payment, and how long will they spread it out and does the amount of back pay owed dictate how it’s paid out and how long it’s paid out.

      Thank you, Keeton

      • Kay Derochie

        Dear Keeton,

        Your Social Security Disability back pay will be sent in one payment via direct deposit to the bank account that receives your monthly benefits.

        Sincerely,
        Kay

  • Kisha

    My mother received SSI back pay in 2 big installments totaling approx. $8000+ last April and her regular monthly amount is $700+. When she was asked to come in for her yearly eligibility evaluation, she was told that her benefits would be cut off b/c her assets are more than $2k. This was for backpay, if she was getting paid at the time of disability, with her expenses, she would be living month to month and would not have any overage. Is this right that social security can cut her benefits for lump sum back pay they provided? Please advise.

    • Kay Derochie

      Dear Kisha,

      The SSI and Social Security back pay does not count as a resource for nine months after it is paid. Accordingly, if your mother is currently over the limit, her overpayment should not go back farther than the 10th month after receipt of each of the back payments. She can use the excess funds to buy a $1500 irrevocable burial policy, a car, a home, or other excludable resource, catch up on any other need to spend down as long as she does not give the money away. When she is again below the resource limit, she can report the reduction of assets and SSI will start again without a new application as long as she was not ineligible for twelve months.

      Sincerely,
      Kay

      • Kisha

        Thanks so much Kay. I didn’t realize that you can buy a house or a car with the back payments as I would think they would be considered assets as well. Thanks so much for your response.

        • Kay Derochie

          Dear Kisha,

          One vehicle and a house you live in are excluded.

          Sincerely,
          Kay

    • Lorene

      I became disable about January 2012 but got turn down. I got a lawyer and tried again got turn down in March of 2015. My lawyer filed me appeal in June of 2015 and they say it take 18 month to go before a judge. My question is I was going to get evicted and my daughter kept children at my house and we had to stop because I couldn’t sit any longer but I file filed tax on 2 months of the income . Will this stop my disability back pay

      • Kay Derochie

        Dear Lorene,

        Two months of work may no affect your retroactive eligibility. If the work ended because of your health, it will be treated as an unsuccessful work attempt. You should let your attorney know about it.

        Sincerely,
        Kay

  • Jennifer

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

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

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

    • Kay Derochie

      Dear Jennifer,

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

      Sincerely,
      Kay

      • Sharon

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

        • Kay Derochie

          Dear Sharon,

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

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

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

          Sincerely,
          Kay

          • Sharon

            I guess this didn’t answer my question I was already approved waited my 5 months started getting my regular check in May 2016 just trying to figure out why I’m not getting back pay as it states everywhere I have read that everyone gets some sort of back pay I must be the first not to get back pay no biggie just seems like I should see other people saying they were told no back pay to you but you will receive your monthly checks

            • Kay Derochie

              Dear Sharon,

              Everyone does not get back pay. People who are approved with a disability date less than six months before the first monthly benefit is paid are not eligible for any months before the first monthly benefit. Most inquiries about claims that show up online are by people whose claims or appeals have pended for a long time and/or were approved with a disability date more than six months in the past.

              Sincerely,
              Kay

  • June

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

    Sincerely,
    June Lawson

    • Kay Derochie

      Dear June,

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

      Sincerely,
      Kay

  • ALICIA

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

    • ALICIA

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

    • Kay Derochie

      Dear Alicia,

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

      Sincerely,
      Kay

  • Trent Davidson

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

    • Kay Derochie

      Dear Trent,

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

      Sincerely,
      Kay

      • Amanda stephan

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

        • Amanda stephan

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

          • Kay Derochie

            Dear Amanda,

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

            Sincerely,
            Kay

        • Kay Derochie

          Dear Amanda,

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

          Sincerely,
          Kay

          • Amanda stephan

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

            • Kay Derochie

              Dear Amanda,

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

              Sincerely,
              Kay

          • Amanda stephan

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

            • Kay Derochie

              Dear Amanda,

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

              Sincerely,
              Kay

  • Trent Davidson

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

    • Kay Derochie

      Dear Trent,

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

      Sincerely,
      Kay

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

    • Kay Derochie

      Dear Greg,

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

      Sincerely,
      Kay

  • Victoria Taylor

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

    • Kay Derochie

      Dear Victoria,

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

      Sincerely,
      Kay

      • Dathan Edwards

        I have a hearing with the ALJ and my attorney. Any advice? Also how long will the hearing last? Will I get a decision then?
        Thank you

        • Kay Derochie

          Dear Danthan,

          Follow your attorney’s advice for the hearing, be honest, and let your attorney know during the hearing if you think some important fact is being overlooked. The hearings vary greatly in duration. Only very occasionally does a judge give verbal decision at a hearing. Usually you get the decision in letter, which is supposed to be within sixty days after the hearing or after additional evidence is submitted, if the judge asks for more evidence, but sometimes it takes longer.

          Sincerely,
          Kay

  • Kristin

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

    Kristin

    • Kay Derochie

      Dear Kristin,

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

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

      Sincerely,
      Kay

      • Taniyah Roundtree

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

        • Kay Derochie

          Dear Taniyah,

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

          Sincerely,
          Kay

  • Shay M

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

    • Kay Derochie

      Dear Shay,

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

      Sincerely,
      Kay

  • Eric S.

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

    • Kay Derochie

      Dear Eric,

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

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

      Sincerely,
      Kay

  • James

    Hello,

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

    • Kay Derochie

      Dear James,

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

      Sincerely,
      Kay

  • Randy scott

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

    • Kay Derochie

      Dear Randy,

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

      Sincerely,
      Kay

  • Edna

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

    • Edna

      Sorry typo I meant thanks inadvance

    • Kay Derochie

      Dear Edna,

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

      Sincerely,
      Kay

      • Edna

        Thank you Kay, love this site.

        • Kay Derochie

          You are welcome, Edna.

  • Greg Hayes

    Kay,

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

    • Kay Derochie

      Dear Greg,

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

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

      Sincerely,
      Kay

  • Jessica

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

    • Kay Derochie

      Dear Jessica,

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

      Sincerely,
      Kay

    • Amy

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

      • Kay Derochie

        Dear Amy,

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

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

        Sincerely,
        Kay

  • Lisa

    Hi Kay,

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

    • Kay Derochie

      Dear Lisa,

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

      Sincerely,
      Kay

  • Rodney

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

    • Kay Derochie

      Dear Rodney,

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

      Sincerely,
      Kay

  • londrae cloud

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

    • Kay Derochie

      Dear Londrae,

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

      Sincerely,
      Kay

  • Jonathan

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

    • Kay Derochie

      Dear Jonathan,

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

      Sincerely,
      Kay

  • lauren minish

    Hello Kay,
    I have two questions.

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

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

    thank you for your help
    Lauren

    • Kay Derochie

      Dear Lauren,

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

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

      Sincerely,
      Kay

      • Bay area

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

        • Kay Derochie

          Dear Bay Area,

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

          Sincerely,
          Kay

  • Mary

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

    • Kay Derochie

      Dear Mary,

      Your Social Security Disability benefits will begin to accrue October 2015.

      Sincerely,
      Kay

      • carrie

        VI’m going in for interview today will they cut me my retroactive check there I’ve been approved

        • Kay Derochie

          Dear Carrie,

          All payments are issued by the Treasury Department; none are paid out of local offices.

          Sincerely,
          Kay

  • alex zgrodek

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

    • Kay Derochie

      Dear Alex,

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

      Sincerely,
      Kay

  • Tiffany

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

    • Kay Derochie

      Dear Tiffany,

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

      Sincerely,
      Kay

  • Sharon

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

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

    • Kay Derochie

      Dear Sharon,

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

      Sincerely,
      Kay

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

    • Kay Derochie

      Dear Kathy,

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

      Sincerely,
      Kay

  • kathy black

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

    • Kay Derochie

      Dear Kathy,

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

      Sincerely,
      Kay

  • Jared

    Hi Kay-

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

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

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

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

    • Kay Derochie

      Dear Jared,

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

      Sincerely,
      Kay

      • Jared

        Hi Kay,

        I just read your reply. I finally did get payment mid-May for the 24 months.

        During my original message, I don’t think I made it clear, I’m inquiring about my SSDI backpay, not SSI even though I was approved for both. My date of disability ( EOD ) was May 2009, which judge also agreed on. My application date was January 2014, my court date was October 2015, and got approved in December 2015.

        During my interview with the Social Security office end of December 2015, I was told my SSDI back pay would start November 2009 ( Date of Disability May 2009 – 5 months = November 2009) and go through December 2014, thus getting around 60 months or so like I mentioned in my original message.

        I think my case is similar to that of Matthew Hood, he sent his message to you last week, has 46 months (Sept 2012 through June 2016), and you pretty much agreed with him. The only difference (i think) is mine is longer (November 2009), and my monthly amount was just under $900 (i think), and I didn’t hire a lawyer, I’ve done everything by myself. Do you agree with the 60 months instead of 24 months? If not, what would be the difference between my case, and someone like his, and others that got longer than 24, 36 months etc?

        Thank you in advance

        • Kay Derochie

          Dear Jared,

          The maximum retroactive pay you can get is twelve months before the month of application, so your benefits will begin to accrue January 2013, even though your disability onset was in 2009. The difference is the date of application, which is the controlling date.

          Sincerely,
          Kay

  • Julie McCoy

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

    • Kay Derochie

      Dear Julie,

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

      Sincerely,
      Kay

  • Christina

    Hi!

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

    Christina

    • Kay Derochie

      Dear Christina,

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

      Sincerely,
      Kay

    • Wendy

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

      • Kay Derochie

        Dear Wendy,

        You can expect it to take a couple months for the first monthly benefit to arrive and possible another month or two before the back pay. For your child’s benefits to continue while in school (up to age nineteen), submit an SSA – 1371 Bk. You can download the form from https://www.ssa.gov/schoolofficials/ssa-1372-BK.htm

        Sincerely,
        Kay

  • Michelle Cobbs

    Hello,

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

    Sincerely,
    Michelle

    • Kay Derochie

      Dear Michelle,

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

      Sincerely,
      Kay

    • Randy

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

      • Kay Derochie

        Dear Randy,

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

        Sincerely,
        Kay

        Sincer

  • J.d

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

    • Kay Derochie

      Dear J.D.,

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

      Sincerely,
      Kay

    • Carrie

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

      • Kay Derochie

        Dear Carrie,

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

        Sincerely,
        Kay

        Sincerely,
        Kay

  • Miranda

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

    • Kay Derochie

      Dear Miranda,

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

      Sincerely,
      Kay

      • Deborah Barker

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

        • Kay Derochie

          Dear Deborah,

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

          Sincerely,
          Kay

  • Miesha Booker

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

    • Kay Derochie

      Dear Miesha,

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

      Sincerely,
      Kay

      • David I

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

        • Kay Derochie

          Dear David,

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

          Sincerely,
          Kay

          • Alex Coles

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

            • Kay Derochie

              Dear Alex,

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

              Sincerely,
              Kay

    • Lisa

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

      • Kay Derochie

        Dear Lisa,

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

        Sincerely,
        Kay

  • Angela Shoemake

    Greetings!!

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

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

    • Kay Derochie

      Dear Angela,

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

      Sincerely,
      Kay

      Sincerely,
      Kay

      • ashley

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

        • Kay Derochie

          Dear Ashley,

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

          Sincerely,
          Kay

    • jennifer

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

      • Kay Derochie

        Dear Jennifer,

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

        Sincerely,
        Kay

    • carrie

      How long before you got retroactive check

      • Kay Derochie

        Dear Carrie,

        Social Security Disability monthly benefits are typically started before back pay is released. You can expect it to take from one to two months to get the first monthly payment and another one to two months to receive the back pay.

        Sincerely,
        Kay

  • angela

    hello

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

    • Kay Derochie

      Dear Angela,

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

      Sincerely,
      Kay

      • Jay

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

        • Kay Derochie

          Dear Jay,

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

          Sincerely,
          kay

          • terri

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

            • Kay Derochie

              Dear Terri,

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

              Sincerely,
              Kay

      • Jaclyn

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

        • Kay Derochie

          Dear Jaclyn,

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

          Sincerely,
          Kay

  • ron iver

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

    • Kay Derochie

      Dear Ron,

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

      Sincerely,
      Kay

  • lilmonsta62

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

    • Kay Derochie

      Dear Lilmonsta,

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

      Sincerely,
      Kay

    • lilmonsta62

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

      • Kay Derochie

        Dear Lilmonsta,

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

        Sincerely,
        Kay

  • Ms Wilson

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

    • Kay Derochie

      Dear Ms. Wilson,

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

      Sincerely,
      Kay

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

      • Kay Derochie

        Dear Scott,

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

        Sincerely,
        Kay

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

          • Kay Derochie

            Dear Scott,

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

            Sincerely,
            Kay

          • Reggie

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

            • Kay Derochie

              Dear Reggie,

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

              Sincerely,
              Kay

  • Richard

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

    • Kay Derochie

      Dear Richard,

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

      Sincerely,
      Kay

  • Kathleen McCall

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

    • Kay Derochie

      Dear Kathleen,

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

      Sincerely,
      Kay

  • Kathleen McCall

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

    • Kay Derochie

      Dear Kathleen,

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

      Sincerely,
      Kay

      • Nelle

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

        • Kay Derochie

          Dear Nelle,

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

          Sincerely,
          Kay

          Sincerely,
          Kay

          • Nelle

            Thank you so much

            • Kay Derochie

              You are welcome, Nelle.

          • chrissy forrest

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

            Thanks,
            Chrissy

            • Kay Derochie

              Dear Chrissy,

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

              Sincerely,
              Kay

    • Nancy

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

      • Kay Derochie

        Dear Nancy,

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

        Sincerely,
        Kay

  • Anthony

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

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

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

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

    • Kay Derochie

      Dear Anthony,

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

      Sincerely,
      Kay

      • Anthony

        Your explanation makes a whole lot more sense of it all. Thanks Kay. I appreciate it.

        • Kay Derochie

          You are welcome, Anthony.

  • T.Jackson

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

    • Kay Derochie

      Dear T.,

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

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Melissa

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

    • Kay Derochie

      Dear Melissa,

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

      Sincerely,
      Kay

  • John Doe

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

    • Kay Derochie

      Dear John.

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

      Sincerely,
      Kay

  • Damien Vander velden

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

    • Kay Derochie

      Dear Damien,

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

      Sincerely,
      Kay

      • saleema s williams

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

        • Kay Derochie

          Dear Saleema,

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

          Sincerely,
          Kay

  • Lily

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

    • Kay Derochie

      Dear Lily,

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

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

      Sincerely,
      Kay

  • Micah D

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

    • Kay Derochie

      Dear Micah,

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

      Sincerely,
      Kay

      • Micah D

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

        • Kay Derochie

          You are welcome, Micah.

          • Robin Mason

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

            • Kay Derochie

              Dear Robin,

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

              Sincerely,
              Kay

  • Sue

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

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

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

    Thank you

    • Kay Derochie

      Dear Sue,

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

      Sincerely,
      Kay

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

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

          • Kay Derochie

            Dear Cheryl,

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

            Sincerely,
            Kay

        • Kay Derochie

          Dear Cheryl,

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

          Sincerely,
          Kay

  • Freedom of speech

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

    • Kay Derochie

      Dear Freedom of Speech,

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

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

      Sincerely,
      Kay

      • Freedom of speech

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

        • Kay Derochie

          Dear Freedom,

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

          Sincerely,
          Kay

  • Kristina

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

    • Kay Derochie

      Dear Kristina,

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

      Sincerely,
      Kay

      • Kristina

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

        • Kay Derochie

          You are welcome, Kristina.

  • Joan

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

    • Kay Derochie

      Dear Joan,

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

      Sincerely,
      Kay

  • Sakari

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

    • Kay Derochie

      Dear Sakari,

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

      Sincerely,
      Kay

  • Marcel Bacote

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

    • Kay Derochie

      Dear Marcel,

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

      Sincerely,
      Kay

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

    • Kay Derochie

      Dear Veronica,

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

      Sincerely,
      Kay

  • Michael Key

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

    • Kay Derochie

      Dear Michael,

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

      Sincerely,
      Kay

  • Travis Babb

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

    • Kay Derochie

      Dear Travis,

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

      Sincerely,
      Kay

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

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

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

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

    Thank you very much for your help!

    Joseph

    • Kay Derochie

      Dear Joseph,

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

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

      Sincerely,
      Kay

  • Danielle

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

    • Kay Derochie

      Dear Danielle,

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

      Sincerely,
      Kay

    • Just me

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

      • Kay Derochie

        Dear Just Me,

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

        Sincerely,
        Kay

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

    • Kay Derochie

      Dear Nataki,

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

      Sincerely,
      Kay

      • keshia

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

        • Kay Derochie

          Dear Keshia,

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

          Sincerely,
          Kay

        • tracie

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

          • Kay Derochie

            Dear Tracie,

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

            Sincerely,
            Kay

        • terrilee oney

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

          • Kay Derochie

            Dear Terrilee,

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

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

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

            Sincerely,
            Kay

  • edith

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

    • Kay Derochie

      Dear Edith,

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

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

      Sincerely,
      Kay

      • edith

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

        • Kay Derochie

          Dear Edith,

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

          Sincerely,
          Kay

          • Melissa

            Hi Kay not sure if I’m doing this post rt or not. My friend applied about 2 years ago. He is a veteran the only income he had was from welfare general assistance.he received a call from ss the other day and today he received a check for 2199 his first monthly will start Sep 2. Is that 2199 out of the 5 months? Or back pay?

            • Kay Derochie

              Dear Melissa,

              The $2,199 check is the first installment of Supplemental Security Income (SSI) back pay. He will likely receive an SSI monthly benefit on September 1. SSI payment may or may not have overlapped with the Social Security Disability (SSD aka SSDI) five-month benefit waiting period. If he was also medically approved for SSD, the SSD will be paid after the SSI. SSD back pay will be reduced by SSI back benefits payable for the same period. When the SSD starts, monthly SSI will either stop or be reduced.

              Sincerely,
              Kay

  • Lequida stevenson

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

    • Kay Derochie

      Dear Lequida,

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

      Sincerely,
      Kay

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

        • Kay Derochie

          Dear Rebecca,

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

          Sincerely,
          Kay

  • Sonya

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

    • Kay Derochie

      Dear Sonya,

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

      Sincerely,
      Kay

  • mark

    Dear Kaye,

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

    • Kay Derochie

      Dear Mark,

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

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

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

      Sincerely,
      Kay

      • teresa hoopingarner

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

        • Kay Derochie

          Dear Teresa,

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

          Sincerely,
          Kay

  • Paula Quate

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

    • Kay Derochie

      Dear Paula,

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

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Netta D

    Hello,

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

    • Kay Derochie

      Dear Netta,

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

      Sincerely,
      Kay

  • Ellie

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

    • Kay Derochie

      Dear Ellie,

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

      Sincerely,
      Kay

      Sincerely,
      Kay

  • John Baty

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

    • Kay Derochie

      Dear John,

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

      Sincerely,
      Kay

  • Donny

    Kay,

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

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

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

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

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

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

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

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

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

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

    Thank you for your time and thoughtful answers,

    Donny

    • Kay Derochie

      Dear Donny,

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

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

      Sincerely,
      Kay

  • Abigail

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

    • Kay Derochie

      Dear Abigail,

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

      Sincerely,
      Kay

  • Dear, Kay

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

    • Kay Derochie

      Dear Chris,

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

      Sincerely,
      Kay

      • Silver

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

        • Kay Derochie

          Dear Silver,

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

          Sincerely,
          Kay

        • Teresa

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

          • Kay Derochie

            Dear Teresa,

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

            Sincerely,
            Kay

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

    • Kay Derochie

      Dear Victoria,

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

      Sincerely,
      kay

  • edith

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

    • Kay Derochie

      Dear Edith,

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

      Sincerely,
      Kay

      • crystal

        Hey they told me on the phone my 18 month old passed on ssi,they said she will get back pay from Jan,is the first check they are sending going to be more than the regular check?

  • shay

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

    • Kay Derochie

      Dear Shay,

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

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

      Sincerely,
      Kay

      • rose

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

        • Kay Derochie

          Dear Rose,

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

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

          Sincerely,
          Kay

  • Fran

    Hi Kay,

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

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

    • Kay Derochie

      Dear Fran,

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

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

      Sincerely,
      Kay

  • Mike

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

    • Kay Derochie

      Dear Mike,

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

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

      Sincerely,
      Kay

  • Abby

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

    • Kay Derochie

      Dear Abby,

      Usually Supplemental Security Income (SSI) back pay is paid before Social Security Disability (SSDI) back pay and the SSDI back pay is reduced by SSI paid for the same months. In the situation you describe, it is likely that SSI would be reduced by any SSDI paid for the same months.

      Sincerely,
      Kay

      • Abby

        Oh ok thank you !!

        • Kay Derochie

          You are welcome, Abby.

  • Fernando Caraveo

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

    • Kay Derochie

      Dear Fernando,

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

      Sincerely,
      Kay

      • bertisha

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

        • Kay Derochie

          Dear Bertisha,

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

          Sincerely,
          Kay

  • nathan

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

    • Kay Derochie

      Dear Nathan,

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

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

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

      Sincerely,
      Kay

  • Daron

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

    • Kay Derochie

      Dear Daron,,

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

      Sincerely,
      Kay

      • Daron

        Thank you

        • Kay Derochie

          You are welcome, Daron.

  • paola

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

    • Kay Derochie

      Dear Paola,

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

      Sincerely,
      Kay

      • Tim

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

        • Kay Derochie

          Dear Tim,

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

          Sincerely,
          Kay

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

    • Kay Derochie

      Dear Anonymous Love,

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

      Sincerely,
      Kay

  • DJ

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

    • Kay Derochie

      Dear DJ,

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

      Sincerely,
      Kay

      • Jose

        Im mentally disabled . I was getting ssi from the age of 9 to 21 I stop getting it because I wanted to see if I could work and try to live a normal life without benefits . I see I can’t so I re appealed , I read that ssi with give me back pay since I was last on ssi that was 2010 is that true and if it is it’s about 48 grand .

        • Kay Derochie

          Dear Jose,

          Supplemental Security Income (SSI) does not pay retroactive benefits. If approved, your benefits will begin the month you filed your most recent application if you applied on the first of the month. Otherwise, benefits will begin the month after the month in which you applied.

          Sincerely,
          Kay

  • Jennifer

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

    • Kay Derochie

      Dear Jennifer,

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

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

      Sincerely,
      Kay

  • Tina

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

    • Kay Derochie

      Dear Tina,

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

      Sincerely,
      Kay

    • tee

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

      • Kay Derochie

        Dear Tee,

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

        Sincerely,
        Kay

  • Aaron

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

    • Aaron

      I’m sorry I meant 5/14*

    • Kay Derochie

      Dear Aaron,

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

      Sincerely,
      Kay

  • christopher Fusto

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

    • Kay Derochie

      Dear Christopher,

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

      Sincerely,
      Kay

  • Jason M Caldwell

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

    • Kay Derochie

      Dear Jason,

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

      Sincerely,
      Kay

  • Sherri

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

    • Kay Derochie

      Dear Sherri,

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

      Sincerely,
      Kay

    • Josette Jones

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

      • Kay Derochie

        Dear Josette,

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

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

        Sincerely,
        Kay

  • Tiffany Shurn

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

    • Kay Derochie

      Dear Tiffany,

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

      Sincerely,
      Kay

  • Stephanie

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

    • Kay Derochie

      Dear Stephanie,

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

      Sincerely,
      Kay

  • john

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

    • Kay Derochie

      Dear John,

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

      Sincerely,
      Kay

  • Bianca Smith

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

    • Kay Derochie

      Dear Bianca,

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

      Sincerely,
      Kay

      • Keshia

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

        • Kay Derochie

          Dear Keshia,

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

          Sincerely,
          Kay

          • Keshia

            Ok thanks for your swift reply and answers. Very helpful. 🙂

            • Kay Derochie

              You are welcome, Keshia.

      • Fran

        Hi Kay,

        I hope I can ask this here…

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

        • Kay Derochie

          Dear Fran,

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

          Sincerely,
          Kay

  • LaShonda

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

    • Kay Derochie

      Dear LaShonda,

      Please see my response of July 28.

      Sincerely,
      Kay

      • LaShonda

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

        • Kay Derochie

          Dear LaShonda,

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

          Sincerely,
          Kay

          • LaShonda

            Ok. Lol. Thank you.

            • Kay Derochie

              You are welcome, LaShonda.

      • connie

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

        • Kay Derochie

          Dear Connie,

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

          Sincerely,
          Kay

  • Theresa swanson

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

    • Kay Derochie

      Dear Theresa,

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

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

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

      Sincerely,
      Kay

  • Nyrice

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

    • Kay Derochie

      Dear Nyrice,

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

      • Nyrice

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

        • Kay Derochie

          Dear Nyrice,

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

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

          Sincerely,
          Kay

  • Cat Stewart

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

    • Kay Derochie

      Dear Cat,

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

      Sincerely,
      Kay

  • Tiara

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

    • Kay Derochie

      Dear Tiara,

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

      Sincerely,
      Kay

  • Samantha

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

    Thank you for any help you can give me.

    Samantha

    • Kay Derochie

      Dear Samantha,

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

      Sincerely,
      Kay

      • Petros

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

        • Kay Derochie

          Dear Petros,

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

          Sincerely,
          Kay

          Sincerely,
          kay

  • KK

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

    • Kay Derochie

      Dear KK,

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

      Sincerely,
      Kay

      • Regina

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

        • Kay Derochie

          Dear Regina,

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

          Sincerely,
          Kay

  • benjamin workman

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

    • Kay Derochie

      Dear Benjamin,

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

      Sincerely,
      Kay

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

    • Kay Derochie

      Dear Bluboy,

      Please see my response to your previous post.

      Sincerely,
      Kay

  • Joe wier

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

    • Joe wier

      when i was 14 sorry

    • Kay Derochie

      Dear Joe,

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

      Sincerely,
      Kay

  • Linda

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

    • Kay Derochie

      Dear Linda,

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

      Sincerely,
      Kay

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

    • Kay Derochie

      Dear Michelle,

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

      Sincerely,
      Kay

      • michelle

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

        • Kay Derochie

          Dear Michelle,

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

          Sincerely,
          Kay

          • Michelle

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

            • Kay Derochie

              Dear Michelle,

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

              Sincerely,
              Kay

  • Judy

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

    • Kay Derochie

      Dear Judy,

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

      Sincerely,
      Kay

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

        • Kay Derochie

          Dear Linda,

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

          Sincerely,
          Kay

        • shelly mincey

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

          • Kay Derochie

            Dear Shelly,

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

            Sincerely,
            Kay

      • Rob

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

        • Kay Derochie

          Dear Rob,

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

          Sincerely,
          Kay

          • Rob

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

            Rob

            • Kay Derochie

              Dear Rob,

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

              Sincerely,
              Kay

    • henrietta goodson

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

      • henrietta goodson

        form o7 till now

        • Kay Derochie

          Dear Henrietta,

          Please see my response to your main posting.

          Sincerely,
          Kay

        • henrietta goodson

          hey kate i was told the longer u wait for a deceison from the hearing it be denied is that true.

          • Kay Derochie

            Dear Henrietta,

            I doubt there are any statistics to support that idea.

            Sincerely,
            Kay

          • henrietta goodson

            tyu kate for every thing i am glad i found this site u are a real help.i’ll let u know if my daughter is approve or not again tyu

            • Kay Derochie

              You are welcome, Henrietta.

      • Kay Derochie

        Dear Henrietta,

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

        Sincerely,
        Kay

      • henrietta goodson

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

        • Kay Derochie

          Dear Henrietta,

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

          Sincerely,
          Kay

          • henrietta goodson

            tyu kate

            • Kay Derochie

              You are welcome, Henrietta.

          • henrietta goodson

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

            • Kay Derochie

              Dear Henrietta,

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

              Sincerely,
              Kay

              Sincerely,
              Kay

          • henrietta goodson

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

            • Kay Derochie

              Dear Henrietta,

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

              Sincerely,
              Kay

          • henrietta goodson

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

            • Kay Derochie

              Dear Henrietta,

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

              Sincerely,
              Kay

          • henrietta goodson

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

            • Kay Derochie

              Dear Henrietta,

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

              Sincerely,
              Kay

        • henrietta goodson

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

          • henrietta goodson

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

            • Kay Derochie

              You are welcome, Henrietta.

          • Kay Derochie

            Dear Henrietta,

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

            Sincerely,
            Kay

    • mark miller

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

      • Kay Derochie

        Dear Mark,

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

        Sincerely,
        Kay

        • mark miller

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

          Thanks again
          Mark

          • Kay Derochie

            Dear Mark,

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

            Sincerely,
            Kay

        • Ivy helton

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

          • Kay Derochie

            Dear Ivy,

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

            Sincerely,
            Kay

      • henrietta goodson

        ok tyu kate

        • Kay Derochie

          You are welcome, Henrietta.

      • henrietta goodson

        tyu kate i’ll just have wait to see lol

        • Kay Derochie

          You are welcome, Henrietta.

      • henrietta goodson

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

        • Kay Derochie

          Dear Henrietta,

          Writers are used for both approvals and denials.

          Sincerely,
          Kay

  • Hello Kay,

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

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

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

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

    • Kay Derochie

      Dear Tanya,

      Thank you and you are welcome.

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

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

      Sincerely,
      Kay

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

        Thank you so much!tm

        • Kay Derochie

          Dear Tanya,

          This is in response to both your postings.

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

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

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

          Sincerely,
          Kay

    • Hello Again Kay,

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

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

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

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

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

      Thank you for your time and wisdome!
      Tanya

  • Sherry

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

    • Kay Derochie

      Dear Sherry,

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

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

      Sincerely,
      Kay

  • Michael Rasberry

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

    • Kay Derochie

      Dear Michael,

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

      Sincerely,
      Kay

  • Marta

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

    • Kay Derochie

      Dear Marta,

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

      Sincerely,
      Kay

      • Nicole sporish

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

        • Kay Derochie

          Dear Nicole,

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

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

          Sincerely,
          Kay

          Sincerely,
          Kay

  • Barb

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

  • Barb

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

    • Kay Derochie

      Dear Barb,

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

      Sincerely,
      Kay

  • Shirley Massey

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

    • Kay Derochie

      Dear Shirley,

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

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

      Sincerely,
      Kay

      Sincerely,
      Kay

      Sincerely,
      Kay

      Sincerely,
      Kay

  • Hi Kay,

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

    • Kay Derochie

      Dear Pamela,

      Please see my reply to this question that you previously posted.

      Sincerely,
      Kay

  • Hi Kay,

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

    • Kay Derochie

      Dear Pamela,

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

      Sincerely,
      Kay

  • lisha

    Does ssi count as months of stable gainful employment?

    • Kay Derochie

      Dear Lisha,

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

      Sincerely,
      Kay

  • Kelley

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

    • Kay Derochie

      Dear Kelley,

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

      Sincerely,
      Kay

  • Amanda

    Hi Kay!

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

    • Kay Derochie

      Dear Amanda,

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

      Thank you,
      Kay

      Sincerely,
      Kay

  • goldey

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

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

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

    • Kay Derochie

      Dear Goldey,

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

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

      Sincerely,
      Kay

  • Ceola

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

    • Ceola

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

    • Kay Derochie

      Dear Ceola,

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

      Sincerely,
      Kay

  • Daneesha

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

    • Kay Derochie

      Dear Danisha,

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

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

      Sincerely,
      Kay

  • Rita Dahnert

    I was approv