Wednesday, August 26, 2009

Disability Benefit Back pay and Case Review

I have another question / concern. I have a SSDI case that went to an ALJ in June of 2009 After 3 long years. I won the SSDI case. I am to receive my first check next week *but* last week I got a ticket to work and there is no mention of when I am to get my back pay. The award letter said the review frequency was to be every 3 years. What is going on? Nothing has changed in 60 days and in fact I have some physical stuff that has me incapacitated in addition to the mental stuff. Right now I'd settle for being able to walk or being able to lift let alone be in my right mind. And they want me to go to work????? What is really going on?


I can understand your complete confusion with regard to receiving a ticket to work sixty days after Social Security has found that you are unable to work. The government is not always logical in its approach to things, so lets see if I can shed some light on your situation.

Firstly, with regard to their letter stating that the review frequency for your disability claim will be every three years, this is really nothing to be concerned about. It is a normal part of disability and all disability beneficiaries receive a review diary. Some disability recipients receive three year diaries while others receive seven year diaries. Unfortunately these diary dates often have no bearing on what an individual's disabling condition is.

For the most part, younger individuals (under the age of 55) receive three year diaries and seven year diaries are reserved for conditions for which there is absolutely no chance of medical improvement. Most individuals who are approved for disability benefits at the administrative law judge hearing have nothing to be concerned about so long as their doctor or work activity does not indicate medical improvement.

Since administrative law judges use generally use a more flexible interpretation of disability rules and guidelines (from an examiner's standpoint), there is little chance a Social Security disability examiner can prove medical improvement.

Secondly, the "ticket to work" is given to most disability beneficiaries to encourage their return to work. It does not mean that Social Security considers you able to work. It just means that if you want to attempt work activity you could possibly use your ticket to work in order to do so. Social Security has not had much success with the ticket to work program. If fact, it really has been a miserable failure.

Lastly, your disability benefit back payment may take some time to process. It depends on many factors, including what disability programs you are entitled to. If you are entitled to both Social Security disability and Supplemental Security Income disability there are more complex computations involved in determining what your back pay is from each program.

Even if you are not dually-entitled, your back disability payment could be delayed by the time it takes the hearings office to get the decision written and sent to a Social Security payment center to be processed.

Additionally, some disability claim back payments are held up at the payment center. There is just no way to know why it has taken them more than sixty days to send your back pay. Social Security will send another letter when they are issuing your back pay outlining what months you're being paid for, what your ongoing disability benefit pay will be, and the amount of your disability back payment.

I hope this clarifies things a little bit for you and that you receive your disability back payment soon.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Filing for Disability with Fibromyalgia
Filing for Disability
SSD Benefit Requirements and Work Credits
Social Security Disability SSI and Fibromyalgia
Filing for Disability - SSD application tips
Social Security Disability Requirements and Eligibility Criteria
How Does Social Security Evaluate Fibromyalgia Claims?
Filing for Disability - Tips for Filing a Disability Appeal
Social Security Disability Requirements

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Blogger pastorjl said...

I recieved a fully favorable decesion a month ago. The worker on the 800# indicated I should be recieving money within 30days. Since then I have heard different stories. However, on 9/3 I see a pre note to my bank from Soc Sec and as of two days ago the local office could see the amount of back pay and monthly pay but they could not see a payment date. Is it realistic to expect money soon?

6:30 AM  
Blogger Disability Blogger said...

It is hard to say when you will receive your disability back pay. I would say that you will receive it fairly soon since your bank has been notified to expect it. I would not put too much stock in a the thirty day time frame the 800 number gave you, as they would have no way of knowing when your back pay will be released. The back payment amount is generally on your record prior to your receiving your back pay so the fact that it is on the record does not indicate when you might receive your money. Frankly, there is no way to predict when you can expect it, but I think it is promising that your bank was notified to expect your payment. I am sorry that I cannot be more helpful as to exactly when you might receive it.

8:26 AM  
Blogger Gemini74 said...

Yes i understand your frustration. I too was awarded ssd & ssi benefits back in May 2009. I have received back benefits for my daughter in June 09. Yet my back is still being held up and I don't know why. Everytime I call that 800# I get so many different stories and the run around. When you go into the local office they can't tell me anything about my back pay $. I am just fed up. Don't understand why my daughter's back pay came before mine. Since I am the one with the Disabilty!!! So if anyone can offer something to this comment. Please let me know.

10:35 AM  

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