Ask Larry

Why Do Some People Get Disability Back Pay While Others Don't?

I know some people received back money when there disability came affect for them . Then why some do not?

Hi,

The factors involved in determining whether or not a person is due back pay are a) the onset date of their disability, b) their filing date, and c) the date that their claim is finally approved.

When a person is approved for Social Security disability benefits, a disability onset date is established. That is generally the date that their impairment(s) caused them to stop working. Then, there is a waiting period of 5 full calendar months from the person's onset date until their month of entitlement to disability benefits.

For example, say Joe stops work due to disability on May 15 2017 and files for disability benefits. If his claim is approved with an onset date of May 15 2017, Joe's first month of entitlement to disability benefits would be November 2017, and his first payment (i.e. for November) would be due in December 2017. So, Joe would not be due any back pay provided his claim was approved and processed in or before December 2017.

In many cases, though, disability claims aren't paid timely due to a delay in filing or because the person's claim is initially disallowed and later approved on appeal. So, in those cases, payment is made retroactive to the established month of entitlement to disability benefits. The retroactivity limit for disability claims is 12 months prior to the date of filing.

Best, Jerry

Posted: 
May 30 2017 - 7:38am
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