Retroactive Social Security Disability Insurance (SSDI) payments are monetary benefits that are paid to a disability applicant to cover the time that has passed between the onset of the disability and the date the application was accepted.These payments can cover up to one full year before the application was passed. Here is some important information for you to know about retroactive SSDI payments.
Factors for Retroactive Pay
The amount of money you would receive for your retroactive benefits is dependent on the following factors:
- Date your condition began
- Your application date
- The waiting period.
If you do not know the onset date of your condition, or if it cannot be determined, it will default to the date of your initial application. That date is then known as the alleged onset date (AOD). If your disability occurred a long time before you applied for benefits, then you will need to prove the onset date and then obtain a new established onset date (EOD).
All applicants for retroactive pay must go through a mandatory five-month waiting period after the onset of the disability. During the waiting period, you will not receive benefits. So, your payments will begin on the first day of the sixth month after your application has been accepted.
Eligibility Requirements for Retroactive Payments
Not everyone is eligible for retroactive SSDI payments. To qualify for them, you must meet the following conditions:
- Your disability claim has been approved
- At least five months have passed since your EOD
- There are no reasons to withhold your payments.
Important Time Frames of Which to be Aware
If you are eligible for retroactive benefits, please be aware of the following time frames that can affect the receipt of your benefits.
- Payments are allowable for up to 12 months, subtracting the five-month waiting period. So, at least 17 months need to have passed from your EOD and approval date of your application.
- Payments can only be made for a maximum of one year. So you will not receive benefits for any time before that 17-month period.
Determining Your EOD
After you apply for your retroactive benefits, the judge will take your request into consideration. To determine if you can receive these benefits, the judge will look at your medical and employment records. After analyzing the data within this information, the judge will determine the EOD of your disability. This determination will dictate your eligibility for retroactive benefits.
The Difference Between Retroactive Pay and Backpay
Retroactive pay and backpay are similar. However, they are awarded under different circumstances. Retroactive benefits are meant to cover the time during which you were disabled, but had not yet submitted a claim. Only those who apply for SSDI benefits are eligible for retroactive pay. However, backpay is meant to cover the gap that exists between the time you applied for benefits and the time your application is accepted. So, receiving backpay makes it like you started receiving benefits from the first day you submitted an application. Backpay is available to both SSDI and SSI applicants.
Work With a Disability Lawyer
Getting retroactive SSDI benefits is not a simple process. It is not advisable to apply for retroactive benefits on your own. Instead, it is best to work with a qualified disability lawyer who can help you through the process. Not only can an experienced attorney help you through the legal aspects of getting your benefits, but he or she can also be an invaluable resource for answering all of your questions. Some other tasks an attorney can help you complete include:
- Ensuring the proper documents are submitted with your application
- Ensure a proper and effective case is presented to the judge
- Help you determine the amount of benefits you can request
- Knowing how to make the transition from EOD to AOD seamlessly and without errors.
If you have questions about applying for retroactive SSDI benefits or if you would like to start an application, contact Fred London Law today.