Friday, May 13, 2022

Is There A Limit On Social Security Disability Back Pay

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Monthly Benefit Amount Is Calculated

How Does Social Security Disability Back Pay Work?

SSDI benefits are calculated using a formula based on your highest monthly wages or income in a 35-year period. This amount is referred to as your Average Indexed Monthly Earnings, or AIME. You will be issued 90% of your AIME under $960, 32% of everything over that but under $5,785, and 15% of anything beyond that as your Primary Insurance Amount or PIAthe amount you will receive each month. This of course, then becomes the basis for determining how much SSDI back pay you will receive.

Whether You’ll Get A Lump Sum Or Installment Payments Depends On Whether You Were Approved For Ssdi Or Ssi

By Bethany K. Laurence, Attorney

If you are approved for Social Security or SSI disability, the Social Security Administration will likely owe you hundreds or thousands of dollars in backpay, due to the time it takes the SSA to process disability claims. When you receive the payments depends on whether you’ve been approved for Social Security disability or SSI.

How Can I Get Help Filing My Claim

Applying for SSD benefits is a complicated process. The disability attorneys at the Disability Advantage Group can help you file your application or navigate the appeals process to get you the benefits you need to help with medical bills, housing costs, and other costs of living. Call us today at for a free consultation.

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Can I Get Back Pay And Retroactive Payments For Ssi

Back pay works for SSI just as it does for SSDI. However, you are not eligible for retroactive payments under SSI, as these are considered owed to you only under SSDI, which you paid into during your working years. So, while applying for either as soon as possible is in your best interest, this applies even more so when attempting to obtain SSI.

Why Having An Attorney Can Help You By Establishing A Favorable Onset Date

SSDI Back Pay Limits

As stated above, the most favorable position possible from a financial standpoint is to establish that your disability began 17 months or more prior to your application for SSDI. Even if you were not disabled 17 months or more before you applied for SSDI, an earlier onset date, whatever it may be, is more favorable financially than a later one. Having an attorney can help you to establish a favorable onset date in order for you to recoup as much retroactive pay as possible. This is because a well-practiced attorney is familiar with the SSDI application process and knows what the SSA needs to see in order to agree with your alleged onset date , and can assist you with compiling the necessary information for supporting your claim.

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What Is The Difference Between Ssi And Ssdi And How Will This Affect My Back Pay

SSI is a need-based benefits program designed to help those who meet income and resource requirements, above and beyond the medical criteria for establishing disability. If your past-due payments are greater than the value of three months of disability payments, back pay is typically paid in three installments, which are released in six month intervals. The first two typically will not exceed three times the monthly SSI payout and the third will pay back the remaining balance with no limit.

There are some exceptions to installment payments where a claimant may be entitled to receive a lump sum or receive larger installment payments. Per the SSA, these include:

  • When an SSI recipient can demonstrate documentation of outstanding debts for food, clothing, and housing or medically-necessary services, medications, supplies, or equipment
  • When the recipient has a medical condition that is expected to result in death within 12 months or
  • When an individual is no longer eligible for SSI as of the date of approval, but only eligible for back pay, and will likely remain ineligible for the coming 12 months.

What If The Social Security Administration Finds That My Disability Has Ceased But Im Still Not Able To Work

The notice, which you will receive from the Social Security Administration following a continuing disability review, will explain your appeal rights. Read this notice carefully. If you appeal within ten days of the date you receive the notice your benefits will continue during your appeal. So be sure to act quickly.

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How Common Is It For Beneficiaries To Return To Work

Both Disability Insurance and Supplemental Security provide incentives for beneficiaries to work. Disability Insurance beneficiaries are encouraged to work up to their full capacity and can earn an unlimited amount for up to 12 months without losing any benefits. Beneficiaries who work for more than 12 months and have earnings above the substantial gainful activity level cease to receive a monthly benefit. If at any point in the next five years their condition worsens and they are not able to continue working above the substantial gainful activity level, however, they are eligible for expedited reinstatement of their benefits. This means they do not need to repeat the entire, and typically lengthy, disability-determination process that they initially went through to qualify for benefits.

Supplemental Security beneficiaries who are able to work are encouraged to do so as well. Their benefits are reduced based on their earningsafter the first $85 of earnings each month, which is not counted against the benefitbut by only $1 for every $2 of earnings. Beneficiaries who are able to do some work will therefore always be better off with both earnings and a reduced benefit than just the benefit alone.

Total Amount Of Ssdi Back Pay Is Calculated

3 Social Security Disability Back Pay Stories

Once the SSA has established your monthly SSDI benefits payment, and once they have determined your Established Onset Date, they will be able to determine how much back pay an SSDI recipient receives. Its important to keep in mind how this timeframe is calculated.

The Department of Social Security only counts full calendar months, so if you become disabled in the middle of a month, that month will not count towards your back pay. However, if you became disabled , that month will count. If there was a change in your income during the period covered by back pay, that will be reflected in your back pay, though this situation is not common.

While there is not necessarily a maximum amount of back pay you can receive, remember that it is calculated based on your previous income and limited to 12 months maximum. That said, the maximum amount that is possible to collect will vary from person to person.

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Reason #: Social Security Stopped My Benefits Because I Defaulted On Student Loan Payments

If you owe money on federally backed student loans, your Social Security benefits likely wont stop but they may get smaller. If you default on student loans, the government cant garnish more than 15% from your Social Security payments. Are you an American over age 50 with a permanent and total disability that likely wont improve? Then you may qualify for a full discharge on any unpaid federal student loan balances.

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How Your Social Security Benefits Are Calculated

Your Social Security benefits are based on the 35 calendar years in which you earned the most money. If you have fewer than 35 years of earnings, each year with no earnings will be factored in at zero. You can increase your Social Security benefit at any time by replacing a zero or low-income year with a higher-income year.

There is a maximum Social Security benefit amount you can receive, though it depends on the age you retire. For someone at full retirement age in 2021, the maximum monthly benefit is $3,113. For someone filing at age 70, the maximum monthly amount is $3,895.

You can estimate your own benefit by using Social Securitys online Retirement Estimator.

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Is There A Maximum Benefit

Yes, there is a limit to how much you can receive in Social Security benefits. The maximum Social Security benefit changes each year. For 2021, itâs $3,895/month for those who retire at age 70 . Multiply that by 12 to get $46,740 in maximum annual benefits. If thats less than your anticipated annual expenses, youâll need to have additional income from your own savings to supplement it.

Seeking Help With Your Case

Ssdi back pay maximum. Ssdi back pay maximum.

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.

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How Long Does It Take To Get Ssdi Back Pay

There is a 5-month waiting period dated from the date of your application, or your Established Onset Date , which, according to the SSA, is the date on which you became disabled. The SSA has created this delayed payment structure to filter out any claims that are not truly long term cases of disability. As it turns out, most applications take 3-5 months to get approved, so the beginning of your SSDI benefit payments might coincide with your SSDI Award Letter.

However, some SSDI applications will take longer than 5 months to approve. If your SSDI application does take longer than 5 months, the 5-month waiting period will be subtracted from however many months it took to processyou will not have to wait an additional 5 months. By the same token, if your application is approved in 3 months, you will need to wait 2 months to get any pay at alland you would not qualify for SSDI back pay.

Disability Benefits For Veterans

You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.

You may get social assistance payments from:

  • your province or territory
  • your First Nation

These payments will depend on your household income, savings and investments.

You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:

  • medications
  • medical aids or devices

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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.

Can You Get Both Ssi And Ssdi Back Pay

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.

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What Happens If The Social Security Administration Disagrees With My Onset Date

In total, you could receive Social Security disability back pay for up to a year before your application date. However, the amount you actually get depends on your EOD as well as the five-month waiting period. If the EOD does not agree with the AOD you submitted with your application, you may receive less back pay benefits than you expected.

You may appeal your EOD, but you could risk losing your disability benefits entirely. In some situations, it may make more sense to accept the established EOD. In others, you may be more likely to win an appeal. Some reasons that you may file an appeal include:

  • SSA Errors. It is possible for disability examiners to make simple mistakes, like misreading the dates on your medical records. If an error like this results in an incorrect EOD, then an appeal is often a good idea.
  • Additional medical evidence. If you or the examiner fails to request all of your medical records, the true onset date of your disability may be unclear. If it will make a substantial difference to your back pay, an appeal may make sense in this case.

An EOD appeal is often a risk, so it is always best to consult an attorney before you make a decision. A Tulsa disability lawyer from our law firm can review your case and advise you on the best course of action.

Social Security Back Pay

When applying for SSDI, there is a standard 5-month wait that does not count towards back pay. Thats why it is always important to file for Social Security Disability as soon as you become disabled. Do not attempt to wait out your illness or see how it develops. When you apply, make sure you provide all the necessary paperwork, meet the deadlines, and show up to your interview, in order to speed up the process.

In some cases, you will benefit from soliciting the services of a Social Security disability lawyer to help you file a case. If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

Retroactive pay covers any time period between the onset of your illness and when you filed your application, if the SSA agrees with your claim in such matters. It may be tempting to quickly spend lump sum payment, but its prudent to allocate your funds wisely to needed expenses or strategize with a financial planner about how to maximize their usefulness and impact.

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Children Can Collect Social Security Benefits Too

Minor children of Social Security beneficiaries can be eligible for benefits. Children up to age 18 and disabled children older than 18 may be able to receive up to half of a parents Social Security benefit. The disability must have occurred before the age of 22. As long as the disability prevents the person from working, the adult child can continue collecting the benefit even after the parent has died.

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Your Ssdi Payment Depends On Your Average Lifetime Earnings

SSDI Back Pay Limits

By Bethany K. Laurence, Attorney

If you are eligible for Social Security Disability Insurance benefits, the amount you receive each month will be based on your average lifetime earnings before your disability began. It is not based on how severe your disability is or how much income you have. Most SSDI recipients receive between $800 and $1,800 per month . However, if you are receiving disability payments from other sources, as discussed below, your payment may be reduced.

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Will I Be Eligible For Medicare

Medicare eligibility begins after you have received 24 months of Social Security disability benefits. Note that to receive Part B of Medicare , you pay a premium that will be deducted from your Social Security disability monthly check.

Disabled people with relatively low income and assets may be eligible for other programs that pay for medical expenses not covered by Medicare and/or pay the Medicare premium for you. To find out if you are eligible for any such programs, you need to check with your county welfare department.

If you have health insurance coverage already, you need to figure out how Medicare works with your health insurance. Many health insurance policies state that Medicare is to provide the primary coverage with your present health insurance paying only for what Medicare doesnt cover. You need to check with your health insurance company when you get your Medicare card.

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