Lawyers Discuss Collecting Social Security Disability Back Pay
Our lawyers understand that when you have been disabled you need your Social Security as soon as possible. And yet the process of collecting your benefits does not happen immediately. So we are frequently asked by clients if they can collect Social Security Back Pay – and how much it will be.
We are here to answer your questions and help you get your Social Security – including any Back Pay to which you are entitled – as soon as possible. Often times we can help you collect Social Security back pay back to the date when your disability application was filed, or in some rare cases even earlier!
How much back pay you will be able to collect depends on 3 factors: (1.) The date that you applied; (2.) When your disability actually began; (3.) The 5 month “waiting period.”
Three Factors Determining Social Security Disability Back Pay:
(1.) Your Application Date Determines Social Security Back Pay
The date that you actually applied for Social Security Disability is the 1st factor in determining when your back pay starts.
In most cases Social Security Disability back-pay benefits can be awarded retroactive to the date of filing your application. And, in some very limited circumstances, back pay can be awarded up to a year before to your application date.
Under some limited circumstances a “protective filing date” may be put in place that goes back even further than the date that your application was filed. (To see if you qualify for a “protective filing date” give our experienced Anaheim area disability lawyers a call.)
(2.) Your Disability Date Determines Social Security Back Pay
When you apply for Social Security Disability benefits, you will need to indicate on your application when your disability began – this date is called the “alleged onset date” (AOD).
Once you are approved for Social Security Disability you will be given an “established onset date” (EOD). This is the date determined by the examiner or administrative law judge to be the date that your disability actually began. The SSA will use your medical records and their employment history to determine your “established onset date” (EOD).
In Social Security Disability cases the EOD is crucial, because the EOD will determine if benefits will be paid back to the beginning of the 12-month retroactive period time!
(3.) 5 Month Waiting Period for Social Security Disability Back Pay
Once your SSD application has been approved, and the date of application AND the EOD determined, there is also third factor of a “five month waiting period” that affects calculation of back pay in Social Security Disability benefit cases.
If you have been approved and given an established “established onset date” (EOD) you will then have five months of benefits removed from the beginning of your disability. In other words, the date of Social Security Disability Back Pay doesn’t start to accrue until 5 months after the “established onset date” (EOD).
Sound confusing? Unfortunately, it is. But our experienced Anaheim area Social Security lawyers are here to help you.
Anaheim Social Security Lawyers
If you have been disabled and you live in Anaheim, the greater Los Angeles area or anywhere in Southern California, we offer a free consultation with an experienced social security lawyer to help you understand your rights and obtain the maximum social security benefits – including the maximum Back Pay for which you qualify. Call us today for a free consultation!