When applying for Social Security Disability, an applicant unfortunately may have to wait up to 18 months from the time of their application to go before an Administrative Law Judge. During this time, those disabled will undoubtedly have a difficult time without any income. Many applicants question if they will recoup any of the their potential lost wages once their case is awarded. The short answer is yes. When finally approved, a social security disability claimant may be eligible to receive retroactive money, or back pay, to make up for the time spent waiting for Social Security to issue a decision in the case. We’ve highlighted some of the factors that go into deciding whether an applicant will be eligible for this back pay, and also how much could be awarded below.
- The Alleged Onset Date of Disability The alleged onset date of disability or (AOD) is a factor in determining back pay. The AOD is the date on which a claimant is alleging disability from. It is important in determining back pay because this is the date that a claimant is telling Social Security they cannot work from. For many Title II (SSD) cases, a claimant may be granted back pay to this date, depending on the next factor.
- The Date of Application The date of application also plays an important role in determining back pay. Depending on when a claimant has filed and for what program they have filed for, they may be paid up to a year from their date of application (applies only to Title II SSDI) if they have sufficient evidence to show disability during that time period; or they may be paid from the actual date of application (applies only to Title XVI SSI). Have questions about the difference between SSI and SSDI? Contact us.
- 5 Month waiting period The 5 month waiting period applies in only Title II cases. For more information on the 5 month waiting period, see our latest blog post, 5 month Waiting Period: What’s the Wait?
Source: EIN News