Do Not Assume Your Claim Has Been Processed Mistake
Human error is a fact of life. VA claims may be assigned incorrect effective dates, your actual compensation amount may not match the percentage you were told you are receiving, your claim may be stuck in the system, etc.
There are many variables involved in the VA claims process and veterans are strongly encouraged to carefully review all VA communication regarding their back pay and claims if you find errors or have questions its best to contact the VA immediately to start addressing the issue-the longer you wait, the more complicated it may be to fix the problem.
When Will I Get My Va Disability Back Pay
You have received an award for retro or VA back pay and you want to know how long it will take for the VA to pay you your disability benefits. Well, according to the Department of Veterans Affairs, once a veteran receives a rating of 10% or more, they will receive a payment within 15 days of their disability claim being granted. However, this is not always the case. Oftentimes, the start date for your VA disability back pay is held up for several months delaying the lump sum payment or monthly payment. The VA can hold up payment on disability compensation due to several issues:
What Is The Disability Determination Process
Most disability claims are initially processed through the network of local Social Security field offices and State agencies. In Louisiana, the state agency is called Disability Determination Services . Subsequent appeals of unfavorable determinations may be decided by Hearing Officers in the DDSs Hearing Units or Administrative Law Judges in SSAs Office of Hearings and Appeals.
Also Check: How Is Disability Calculated In California
Can You Get Both Ssi And Ssdi Back Pay
Yes, you can get both SSI and SSDI back pay. Supplemental Security Income and SSDI have the same medical requirements. However, only individuals with limited assets will be eligible for SSI.
Although SSI benefits will include back pay, the program does not offer retroactive benefits. As a result, you are only eligible for SSI payments from the month after your application date. In rare instances when the EOD is after the application date, benefits will begin on the EOD.
Unlike SSDI back pay, SSI back pay will not come as a lump sum unless the amount owed is less than $2,349. Otherwise, you will receive your back pay for SSI in three installments spread six months apart. The first two installments are limited to $2,349. The final installment will include the remaining balance, whatever that me be.
Because SSI is a needs based program, it considers all of an individuals income and assets when determining how much to pay out. If you are eligible for concurrent benefits from both SSDI and SSI, the amount of your SSDI benefits will be subtracted from your SSI benefits.
What Is Ssdi Backpay
Social Security generally calls the monthly payments you’re owed going back to the date of application “past due benefits.” And the monthly payments you’re owed before the application date are technically called “retroactive benefits” . But these types of payments are both often lumped together under the informal terms “backpay” or “back payments.”
Recommended Reading: How Much Is Ssi Payments In California
Back Pay For Supplemental Security Income
Since SSI is a needs-based program, if approved, benefits start with the first full calendar month after you are deemed disabled however, in no case are you able to collect SSI benefits before your protected filing date. Like SSDI back pay, SSI back pay benefits accrue starting on the date you applied. SSI back pay is paid in installments, not a lump sum. This is because lump sum payments could put a strain on SSI financial resources.
Seeking Help With Your Case
When you try to prove your qualifications on your own, knowing how much information is necessary and the best documentation to submit can be difficult. If you have an SSI lawyer or someone else familiar with the application and approval process look at your application, you can improve your chances of approval.
Still, it is common for well-qualified applicants to receive a denial of their initial SSI claim. Some of our clients come to us about their disability benefits claim after they receive a letter of denial. When this happens, we immediately begin taking our clients through the disability appeals process to get them the benefits they deserve.
Of course, this appeals process takes time. This means it could be months where you have no income whatsoever.
Don’t Miss: Disabilityjudges.com
What Can I Spend My Back Pay On
Feasibly, once your disability payment is received, it belongs to you and can be spent in whatever way you think is appropriate. That said, keep in mind that its likely your back payment will be a significant amount, and its also likely that youve been waiting for it for some time. In some cases, an applicant may receive as much as 18 months of back payment.
You may have debts that have accrued while you waited for your benefits to arrive, which should be the first thing you spend your payment on. Also, remember that SSDI benefits are designed to help you care for yourself and your family, and to meet basic needs. While it might be tempting to spend that huge payment on something fun and exciting, make sure youre focusing on the basics for your family, such as food, shelter, and health care. If there are excess funds after youve handled the basics, consider putting them in a savings account, where they not only earn interest but also are available in case of an emergency.
Consider Using This Ssdi Back Pay Calculator
Below is an example of how you might calculate SSDI back pay benefits. It is important to note that since retroactive months are included, the SSA requires that the five-month wait period be subtracted from the application date and approval date.
The mandatory wait period requires that you are disabled for at least five months before you can begin receiving benefits.
Read Also: 90 Va Disability And Working
Do I Have To Pay Taxes On My Ssdi Back Pay
While some portion of your lump sum back payment might be taxable, the IRS makes a substantial effort not to penalize beneficiaries for receiving a large sum from the SSA all in one year. Because federal tax law allows you to apportion some part of those earnings to previous years, you can minimize the amount of income tax you owe during the year you receive the payment.
Every year that you receive disability benefits, the SSA will send you an SSA-1099 tax form. The first form you receive will clearly outline in Box 3 the portion of your lump sum payment that was accrued in previous years. Your form will list each year, along with the total accrued for that year. Make sure to note that this applies to SSDI lump sum payments only, since SSI backpay will be split into multiple payments.
How Is Ssi Back Pay Calculated
Getting approval for Supplemental Security Income benefits can take many months. The SSI program, managed by the Social Security Administration , provides cash benefits to people with disabilities who need income assistance.
You might be entitled to back pay for those months you waited for approval. Learning how SSI back pay is calculated can help you determine how much you might receive.
You May Like: What Is Va Disability Compensation
Tax Deduction For Attorneys’ Fees
Most lawyers who handle Social Security disability cases charge a standard fee of 25% of your past-due benefits, with a cap of $6,000. If you win your disability claim, Social Security will pay the attorney fee directly to your lawyer, and you’ll receive the remainder.
If some of your lump sum turns out to be taxable, you can deduct the fee paid to your attorney from your disablity benefit income, but only on a pro rata basis. For example, if 40% of your lump sum payment was counted as taxable income, you may deduct 40% of your attorney’s fee. You list this deduction on Schedule A of your return, under miscellaneous deductions. Note that you must file an itemized return to claim this deduction, and that you can deduct only the amount that exceeds 2% of your adjusted gross income.
Contact An Oklahoma City Disability Benefits Attorney
Whatever disability you have, you need to understand the range of disability benefits available to assist you and your family in Oklahoma. Working with a knowledgeable Oklahoma City disability benefits attorney can make the SSDI application and appeals process go more smoothly. If you are unfamiliar with the process, it can be complicated to gather all the necessary medical evidence of a disability and follow all the instructions to seek disability benefits. Our knowledgeable disability attorneys at Ryan Bisher Ryan & Simons represent SSDI applicants throughout the Oklahoma City area. Contact us to arrange your free initial consultation about your claim.
How To Apply For Eia
For more information on how to apply for EIA, contact your local EIA office.
Phone: 204-948-4000 in Winnipeg
After-hours emergency support may be available if you have a crisis that cannot wait until regular business hours. For emergency support, call 204-945-0183 in Winnipeg or toll free at 1-866-559-6778.
Receiving Back Disability Payments
If you have been approved for disability and are owed back pay, the SSA will usually provide this back pay in one lump sum , deposited directly into your bank account.
If the back pay amount of SSI is more than 3 times what the current maximum monthly SSI amount would be, the SSA will want to pay you in 3 installments two equal payments and then one payment of the final amount owed.
If you need a large amount of money right away, talk to your Social Security Disability attorney to see if your installments can be adjusted or the whole amount can be paid out.
As you can see, back payment calculation can be a complicated process. An experienced disability lawyer will be able to help you calculate how much you are owed from the SSA.
If you have been denied disability benefits, we can help. Call RSH Legal at 1-319-774-1783 and speak with one of our disability attorneys today.
You May Like: Neuropsychological Impairments
Document Pain From Sustained Sitting Or Standing
Back pain can limit you from sitting or standing for long periods. This is some of the best evidence of disability from work. Many jobs require you to sit behind a desk for an extended time. If your back pain seriously prevents you from doing this type of work, you have a strong argument to be approved for disability benefits.
You must document movements throughout the day to present as evidence. You have to prove that you cannot sit or stand for a long time without experiencing severe pain. The pain must prevent you from performing your job duties. If youre able to sit for more than two hours, your back problem might not be as severe as it seems. However, if youre unable to do that, you have a strong case to get disability benefits for your back problems.
How Much Ssdi Back Pay Will I Receive
Depending on your specific situation, the SSA will calculate the appropriate amount of disability pay youre entitled to. In addition, if you worked with a disability lawyer, your attorney is entitled to receive 25% of your backpay as his attorney fee. The SSA will remove that amount and send it to your disability attorney directly. You should note that according to Social Security disability law, your disability lawyer cannot collect any more than $6,000 from your case.
You May Like: Va Disability Rating For Bulging Disc In Lower Back
Unemployment Insurance Taxes And 1099
Unemployment insurance benefits are subject to federal and state income tax. If you collected unemployment insurance benefits in 2020, you will need the I.R.S. 1099-G tax form to complete your 2020 federal and state tax returns. Please note that when you completed your initial claim application, you chose whether to have any taxes withheld from your weekly benefit amount. If you chose not to withhold any taxes, then you will be required to pay the appropriate taxes on the total benefits received when you pay your taxes.
MarylandÃ¢s Division of Unemployment Insurance has issued a 1099-G tax form to all claimants that received unemployment insurance benefits during the calendar year 2020 based on the delivery preference chosen in their BEACON portal.
All claimants will be able to immediately access their 1099-G tax form by visiting their BEACON portal and selecting Correspondences from Ã¢Your Options.Ã¢ Select Ã¢SearchÃ¢ to display all Correspondences and select Ã¢1099Ã¢ to view. If you selected the U.S. Mail as your preferred method of delivery, then you will also receive a 1099-G tax form in the mail.
To learn about the Earned Income Tax Credit, find locations offering FREE tax preparation through the CASH Campaign of Maryland, get financial help with the cost of health coverage through the Maryland Health Connection, and more, please visit our website. To learn more about the 1099-G tax form, please read our Frequently Asked Questions.
Use An Ssdi Back Pay Calculator To Determine Your Benefits
An SSDI back pay calculator can help you understand how you will be compensated for the time it takes for your Social Security Disability benefits claim to be approved.
However, it is important to note that there are various types of back payments, and these will vary according to whether you apply for SSI or SSDI.
At Crest SSD, we specialize in helping individuals win disability claims and be awarded the compensation you deserve. If you have questions about how this works, please complete this form or There are no upfront costs to work with us. We only receive a fee directly from the Social Security Administration if you win your case no out-of-pocket expense for you!
Recommended Reading: Will The Government Shutdown Affect Va Disability Checks
Prevent Delays In Receiving Your Disability Benefits
How long does it take to get disability back pay? The answer for most applicants waiting for social security benefits is too long. The Social Security Disability Benefits attorneys at Marc Whitehead & Associates want you to receive your disability benefits with as little delays as possible.
While we cant speed up the SSAs deliberation process, we can help you avoid the kinds of mistakes that could add months or even years onto the time it takes to get your claim approved. We can also ensure you receive the total back payment of benefits you are entitled to. Dont risk any unnecessary delays in getting the benefits you deserve. Contact the law offices of Marc Whitehead & Associates to schedule a free consultation with an experienced disability benefits lawyer to discuss the best way to proceed with your Social Security disability claim. Call us today at
Average Social Security Check By Type
While most people think of Social Security as a program just for retirees, it serves many other groups, including the disabled, spouses and minor children of retirees as well as the spouses and minor children of deceased workers. The amount that each group receives differs substantially.
In fact, the average retired worker receives $1,553.68 each month 9 percent more than Social Security recipients as a whole. Heres how the figures break down by recipient, as of May 2021.
|Type of beneficiary|
The table shows the three major recipient categories in bold: retirement benefits, survivor benefits and disability benefits. The totals from these categories add up to 100 percent. The sub-category below each shows the top recipient of Social Security aid for that category.
As you can see, retirement benefits make up the vast bulk of Social Security 76.2 percent with most of that going to retired workers. The remainder in this category goes to spouses and minor children of retired workers, who receive a check of less than $800 a month on average.
Survivor benefits comprise 9.1 percent of Social Security benefits. The top sub-category is non-disabled widows or widowers, who receive an average of $1,460.55 each month.
Disability insurance comprises about 14.7 percent of all Social Security payments, and the top recipient is disabled workers, who receive an average $1,280.17.
Recommended Reading: Average Ssdi Payment 2016