Can I Get Back Pay for Social Security Disability?

The issue of back pay for Social Security Disability, as well as SSI, has been one of the most misunderstood aspects of applying for, and being awarded, disability benefits. When you hear about dates of application and onset, plus waiting periods and other factors that can affect the back pay you receive, it can be difficult to know when and how much back pay you will receive.

The rules about Social Security Disability, or SSDI, are a bit different than the rules for SSI. It’s important to know which one you applied for, when you applied for it, as well as the details of your disability.

Social Security Disability Insurance (SSDI)

For SSDI, the Social Security Administration implements a 5-month waiting period. You will receive back pay from the date you applied to the date you are awarded Social Security Disability, minus the 5-month waiting period. If it took 12 months to be awarded benefits from the date you applied, you will receive 7 months of back pay.

However, if you have provided evidence that you were disabled prior to your application, you may be entitled to up to 12 months of retroactive back pay from the date of your application. An attorney can help you gather the necessary medical evidence to prove your case for retroactive back pay.

Supplemental Security Income (SSI)

Fortunately, when you receive your award for SSI, there is no 5-month waiting period. If it takes 12 months to get your approval, you will receive 12 months of back pay. But unfortunately, you won’t be able to get retroactive back pay prior to your application for SSI. It will only go back as far as your date of application. You are still eligible for back pay, but these rules are different.

Important Facts

If you are procrastinating submitting your application for Social Security Disability benefits, whether SSDI or SSI, you might want to start the process. It can take a bit of time to get through the process and the earlier your application date, the more back pay you can receive once approved. You also need to make sure you have all the evidence the SSA will need to make a decision.

It can be hard to go through the process of receiving Social Security Disability on your own. If you need someone in your corner to advocate for you and prove your disability, a lawyer with extensive experience with Social Security cases can help. If you are in Van Nuys, or even Los Angeles, contact Kenton Koszdin for a free consultation.