Social Security Disability Retroactive
"What if you got denied twice (2003 and 2006) and try to get approved now. My onset was in 2003, will they give me retroactive pay if they establish that my onset was in 2003?"
My first concern is if you still have insured status for Social Security disability if you have not worked since 2003. If you are still insured for disability you may be close to your date last insured, and it is imperative that you follow the disability process to an administrative law judge hearing this time.
This potentially could be your last good chance to qualify for Social Security disability. Retroactive disability benefit pay is based upon your date of filing rather than when you stopped working.
For example, if you file a disability claim on March 3, 2009, you could receive twelve months of retroactive pay provided that you had not worked for at least seventeen months prior to that date. Remember, Social Security disability has a five-month waiting period that must pass prior to receiving a monthly benefit.
In your specific case, they are not going to pay you all the way back to 2003 or 2006 because those claims were closed out with denials, so now you are filing new disability claim with a new filing date which changes any potential retroactive disability pay.
If you do not qualify for Social Security disability you may still be eligible for Supplemental Security Income disability (SSI).
All SSI disability back pay is based upon your date of filing. If you meet all income and resource limits and are found to be medically disabled you would be eligible for a monthly benefit the month that you filed for disability. If you have to appeal your disability claim you may be entitled to several months of retroactive SSI disability benefits.
As you can see, most disability back pay is based upon your filing date rather than when you stopped working. However, if your disability claim has to go to an administrative law judge hearing you may be entitled to a significant back pay of disability benefits in either program due to the lengthy wait times for disability hearings.
Return to the Social Security Disability SSI Benefits Blog
posted by Disability Blogger at 4:16 AM
2 Comments:
I have been having problems since 2003 and would
appreciate any help. I've been disabled since 99.
I filed in 2003 for ssi and disability have been denied
and refiled. Made it to a hearing with an ALJ.
Had an instant denial. Case was sent to review.
Found to be an unfair hearing and waited for
years for the next hearing. Next hearing came.
June 2011 I was notified for full approval by
the ALJ. Got info from SSI and SSID in mail
stating retro amounts. 24hrs later SSI sends
another letter showing retro has changed from
60,000 to 0.00. I am married. My wife works.
We have 2 children. She has a gross income
of 1200. Her income is biweekly. They have
sent me paperwork showing my wife's wages
claiming she is going to make more than
3000.00 next month. They are giving us the
runaround about where they got the numbers.
So we took every pay stub since 2003 to
SSI as they requested. However another
excuse was they didn't have time to make
copies and would need to send em back
within 24hrs. Oh and now 4 weeks later still
no pay stubs. They are also claiming the only
person able to work on my case was "teaching
classes" and will be unable to update my case
for 5 weeks. That was over 4 weeks ago. Of
course I continue checking in weekly and
yesterday they tell me this person won't be
in until October or November... Oh and i did
have an attorney. But they payed him off
in FULL $6000 within 24 hours of me getting my
approval letter. So he refuses to help. Any tips or
Help would be GREAT! Thank in Advance!
Sorry for the delay. I tried to address your situation here: SSI situation
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