Can I receive retro pay even though I was approved for SSDI within 5 months of being considered disabled. I'm only getting a portion of my SSDI until my State disability runs out.then I'll received my full disability income after it runs out. Also my l st husband was on SSDI before he died we were married 15 years can I claim off of him now or do I have to wait until my current husband retires to claim off of him. Thank you Denise

Hi Denise. It doesn't sound like it. The earliest month for which you can be paid Social Security disability (SSDI) benefits is roughly six months after the the date you became disabled. Here's how it works. If you apply for SSDI benefits and if your claim is approved, Social Security establishes a disability onset date. There is then a 5 full month waiting period starting with the disability onset date. No benefit payments can ever be made for the 5 waiting period months. The first month of benefit eligibility is the first month following the 5 month waiting period.

For example, say Bob files for disability today (5/24/2022). Bob stopped work due to his disabling impairment on 1/15/2022, and Social Security approves his claim with that date as his onset date. Bob's waiting period for SSDI benefits would then be February through June of 2022, and the first month that Bob could be paid SSDI benefits is for July 2022.

The only way that a person could be paid retroactive SSDI benefits is if their claim is processed more than 6 months after their onset date. And, the maximum retroactivity allowed in 12 months. So, for example, say in our example above that Bob had become disabled on 1/15/2020, but didn't apply until today. Even if Bob's onset date was 1/15/2020, the earliest month for which he could be paid would be May 2021 (i.e. 12 months prior to his month of filing).

With regard to survivor benefits on your first husband's account, if you're currently married then the only way that you could qualify for disabled widow's benefits (DWB) on your first husband's record is if your current marriage occurred after you turned age 50 AND after the date you became disabled (https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0406.html). Even then, you could only qualify for DWB if you're deceased husband's primary insurance amount (PIA) is higher than your own PIA. A person's PIA is equal to their Social Security retirement benefit rate if they start drawing their benefits at full retirement age (FRA), or their full SSDI benefit rate.

Best, Jerry