Retroactive disability benefits refer to payments for time you spent disabled prior to filing your disability application. To receive these payments, substantial evidence must be presented regarding your alleged onset date (AOD).
An Approved Order of Disability must be approved by the Social Security Administration before you can receive retroactive pay and back pay payments. A qualified disability attorney can help you establish this AOD through medical evidence.
Reasons for Retroactive Benefits
Those diagnosed with disabling conditions that prevent them from working for over one year may qualify for retroactive disability benefits. Retroactive benefits cover any period during which they were medically qualified to collect benefits but did not submit an approved claim with Social Security Administration (SSA). When making this determination, various factors will be taken into account before making their determination on retroactive disability pay entitlement.
As part of your application process, you will submit an AOD (alleged Onset Date). This date serves as the reference point for all calculations related to back pay eligibility; should the Social Security Administration accept your AOD as an official start date, retroactive payments will begin immediately.
However, if your disability began significantly before the AOD that was submitted to the Social Security Administration (SSA), additional evidence will need to be submitted in order to change its onset date and receive retroactive disability payments for all time that was disabled from AOD forward.
Keep in mind that there is a five month waiting period before receiving SSDI back pay, which means retroactive benefits will not become payable more than 12 months prior to your application date (as AOD and waiting periods equal 17 months of entitlement).
If eligible, you could even receive back benefits up to 24 months before your application date. In order to be eligible for these, however, you must have been disabled and unemployed for an entire year prior to filing an SSI claim.
Experienced attorneys are invaluable allies when it comes to the complicated process of receiving disability back payments. To gain more insight into this process and learn how our firm can assist, get in touch with us now – we fight hard for the compensation that our clients are due. Furthermore, we work closely with clients on setting up Achieving a Better Life Experience Act-compliant accounts which do not count against eligibility criteria of Social Security Administration programs like Supplemental Security Income (SSI).
Time Periods for Which You Are Eligible
Calculating disability back pay involves several considerations. First and foremost is your eligibility period, which will depend upon when you began disability and when Social Security insured you (your “Date of Entitlement”).
SSA uses a 10-year look back period to determine eligibility for disability benefits, so your date of disability onset could fall at any point within that timeframe that disqualified you from working due to impairment and insured status began when taxes started being withheld for your state-funded Social Security benefits program; typically when starting work. Since 10-year look back periods can become complex and difficult to navigate on their own, working with an experienced disability attorney who may offer strategies on how best to present medical evidence will aid your claim is recommended.
For retroactive benefits to apply, you must demonstrate that your condition will likely last at least a year and is similar or closely related to previous disabling conditions. To prove this, comprehensive medical examinations including physical and mental assessments, lab tests, imaging studies and imaging scans must take place. In some instances, your physician may also refer you to specialists or request additional records.
SSDI requires you to meet a five-month waiting period before approval can take place, which makes submitting evidence of disability as soon as possible essential. A private long-term disability (LTD) plan can serve as further proof during that time.
Additionally, Medicare eligibility will need to be established. Most people receiving SSDI and qualifying for Medicare coverage usually take 24 months before becoming eligible; if diagnosed with End-Stage Renal Disease or Amyotrophic Lateral Sclerosis expedited Medicare eligibility may apply. If returning to work is an option, health insurance through your employer can still be obtained at a reduced payroll deduction rate, while LTD insurance typically pays the remaining costs associated with LTD coverage.
Limitations on Retroactive Benefits
Retroactive payments may only be available for a short duration; for instance, SSDI applicants can only claim back benefits up to 12 months prior to their application date (this ensures the five month waiting period has passed), though those denied during initial determination could have to wait even longer to receive benefits they need and deserve.
Once approved by the Social Security Administration (SSA), claimants typically begin receiving monthly direct deposits or may even receive lump sum back pay payments. They may also be required to submit an annual report detailing how funds have been utilized; should any mismanagement occur, the SSA could require the claimant to return any undesired funds back.
An individual’s back pay amount depends on the type of disability for which they were approved, such as SSDI (for individuals with sufficient work history) or SSI (benefits for those who have low income and assets).
SSDI recipients typically are eligible to receive benefits back to the “alleged onset date.” In cases where disability began long before that, however, presenting medical evidence could help you change this date to match its true beginning.
If you need retroactive disability benefits, having a Suffolk County social security attorney on your side is crucial to the process. Our legal team has years of experience navigating through these claims and can help secure you the benefits you need and deserve.
If you need guidance through the disability claims process or would like to speak with a Monroe Social Security disability attorney about your case, reach out today – we are available at your convenience for consultations. We look forward to hearing from you!
Appeals Process
If your disability began prior to the date of application, you could be entitled to back payments from Social Security. Many factors go into this calculation – with application date (known as your alleged onset date (AOD) becoming established as EOD) being the starting point. If this date seems inaccurate, having an experienced lawyer help prove your disability and establish EOD would be useful.
EOD is also vital in determining your eligibility for SSDI benefits; for instance, if your AOD falls on March 5th but the Social Security Administration sets an EOD of November 5, any retroactive payments won’t become eligible until that day due to its five month waiting period. An experienced lawyer can ensure you get all the payments due you.
Dependent upon your type of disability benefit, two forms of back pay may be available: SSDI or Supplemental Security Income (SSI). Only SSDI recipients can claim retroactive benefits; SSI does not allow such payments.
Another key benefit of consulting an experienced Illinois disability lawyer is securing the maximum back pay award possible. For this, it is critical that you work with an attorney who is fully versed in Social Security Administration guidelines and regulations when filing claims, determining onset dates, calculating back pay or handling any other aspect of your case. Reach out to our firm now so we can assist in understanding your eligibility for back payments, and how we can protect your rights. We serve clients throughout Illinois. Our firm specializes in Social Security Administration cases from initial applications through appeals process. Our attorneys can meet with you and discuss any queries regarding application and appeal processes as well as answer any queries about disability applications and appeals processes.