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Will I Get Back Pay If I'm Approved For Social Security Disability Benefits?

My question is not about SS but about SS disability. I was told by my doctor today that if my SS disability was not approved before I am 66 (in four months) I would never receive any past benefits even the case is almost 2 year old. During this timed I've received my first denial and I appealed in August 2015. Since then SSD has collected information before reviewing my appeal. In this speed I will never receive a decision even my case is well documented and I strongly believe I should get it. I will understand if you decide to ignore my question. Thank you

EB

Hi EB,

If your claim for disability benefits is eventually approved, even if it doesn't happen until after you reach age 66, you can still receive any back pay to which you're entitled. The important part of this equation is when you filed your claim, not the date that it is approved.

Social Security disability benefits may be paid for up to 12 months prior to the month of filing. The date of entitlement depends on the filing date, the date you became disabled, and the date you stopped doing substantial gainful work (SGA). Even if a person is medically considered to be disabled, they cannot be approved for SS disability unless and until they stop doing substantial gainful work, currently defined as earnings of more than $1130 per month.

There is also a 5 full calendar month waiting period from the date of the disability onset until entitlement to disability benefits begin. For example, if a person becomes disabled and stops working on June 15 2016, their 5 month waiting period would be July through November 2016, and their first potential month of disability entitlement would be December 2016. Given the potential for 12 months of retroactive eligibility, that person could file for SS disability benefits as late as December of 2017 without losing any benefits.

So, assuming you filed your claim within 12 months of the date you became disabled, and your appeals are filed timely, you will receive full back pay if your claim is eventually approved.

Best, Jerry

Posted: 
Jun 25 2016 - 1:30pm
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