Monday, December 4, 2023

Why Is There A 5 Month Waiting Period For Disability

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What Do I Do During The Long

Is There a Waiting Period for Social Security Disability Benefits?

If their employer provides it, many people will collect short-term disability benefits during the long-term disability waiting period. ;The waiting period for short-term disability benefits is usually only 714 days, making it a good source of income shortly after you become disabled. ;Typically, for those who have both short-term and long-term disability insurance coverage, STD benefits will last for the entire long-term disability waiting period. ;At that point, it is common for people to then transition to long-term disability benefits. For more information on transitioning from STD to LTD, please see Going From Short-Term to Long-Term Disability.

Alternatively, you may have state-provided disability insurance that you were paying into while you were working. ;For example, Rhode Island has Temporary Disability Insurance for Rhode Island employees who are unable to work. ;This benefit can help supplement your income during the long-term disability waiting period. ;These benefits are usually accessible quickly with supporting medical reports or records. You should check to see if these benefits are available to you through your state.

Neurologylive: How Does Eliminating The Wait Period For Patients With Als Benefit Their Care

Brian Frederick, PhD: They gain immediate access to Medicare once they become eligible for SSDI.;

ALS is a disease that forces people to stop working and lose both their income and health insurance. This loss occurs at the same time that people with ALS and their families are most vulnerable and must face a terrible disease with astronomical medical expenses. Most people who have worked are eligible for SSDI. But the application process can be very long. Even once someone is declared eligible for SSDI, they must wait 2 years before they can be covered under Medicare.;

The new law, effective on December 23, 2020, now ensures that anyone with ALS who is eligible for SSDI will receive Medicare immediately. We believe that anyone with ALS who applied for SSDI in the past 5 months should benefit from this new law.;

The ALS Association was instrumental in getting ALS covered under the Social Security Administrations Compassionate Access program so that applications are expedited for approval in a matter of weeks. Critically important, in 2020, The ALS Association also won Congressional passage of a bipartisan bill that waived a 2-year waiting period for Medicare for people with ALS who receive SSDI.;

Why Is There A Five Month Waiting Period For Social Security Disability Benefits

The five month waiting period for Social Security Disability Insurance means that you cannot collect SSDI benefits until you have been disabled for 5 complete months.

The main reason for the five month waiting period is to help ensure that only people with long term disabilities will apply for SSDI.

If your initial application for disability is approved, then you will not start receiving benefits until it has been 5 complete months since the onset of your disability.

For most people, the Social Security Disability application process takes well over 5 months, so as soon as you are approved, you can start receiving benefits. In fact, once you are approved for disability, you may also get some back pay for the months leading up to your approved date. All the months that you were disabled, after the 5 month waiting period and before your application for disability was approved, will be paid to you in one lump sum. So, if you were approved 10 months after becoming disabled, you will get 5 months of back pay. The maximum number of months that you can receive back pay is 12 months prior to your initial application for disability. So, for you to get the maximum amount of back pay, your disability onset date needs to be 17 months or more prior to the date of your initial application.

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What Are The Exceptions To The Five

There are some exceptions to the five-month elimination period.

First, if you were disabled in the past and the SSA previously approved your disability benefits application, you can start to receive your benefits for your current disability right away. This exception is in place for people who are simply reinstating their benefits.

Second, there is no waiting period for Supplemental Security Income benefits. With this type of disability benefit, you can start earning benefits during the first full month after your application date if the SSA approves your application. However, SSI benefits are often lower in amount than traditional SSDI benefits.

It is important to note that if you apply for SSI, you will likely not receive your benefits right away. Instead, you are more likely to receive back payments as SSA application approval can take time.

Changes To The Waiting Period Criteria

Date of Onset

The Social Security Disability Amendments of 1980, P.L. 96-265, permitted an individual becoming re-entitled to SSDI benefits to count the months of the earlier spell of disability in satisfying the 24-month waiting period if the spell occurred within the previous five years or seven years for disabled widows and those who were disabled since childhood. The amendments also provided that if an individual was in a trial work period after the termination of the SSDI benefits, and had not completed the 24-month waiting period, the months of the trial work period could count toward satisfying the required waiting period for Medicare eligibility.

Effective October 1, 2000, the Ticket to Work and Work Incentives Improvement Act of 1999, P.L. 106-170, extended Medicare Part A coverage to certain working former SSDI beneficiaries for a total of 8.5 years.

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Applicants Who Are Approved For Social Security Disability Lose The First Five Month Of Benefits

By Bethany K. Laurence, Attorney

Disability claimants who have been approved to receive Social Security disability insurance benefits are subject to a five-month waiting period before Social Security owes the claimant disability benefits. This means that the Social Security Administration will withhold five months of an approved claimant’s benefits before starting monthly payments .

Waiting Period For Short

The waiting period for short-term disability insurance can have a slightly different application. In this case, the term is best described as the length of time it takes before the policy covers specific scenarios.

These specific situations include pre-existing health conditions, and women bearing children.

  • Illness Elimination Period
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    Limits On Retroactive Payments

    The SSA will not pay you for more than 12 months of retroactive benefits. Since there is also the five-month waiting period, figuring out your retroactive benefits can be confusing. Using some examples may help clarify.


    If you apply for benefits on October 1, 2015, and the SSA gives you an EOD of January 2, 2015 EOD, you would get retroactive benefits from July 1, 2015. You will not receive benefits from January to June, because that is your waiting period.

    If you apply for SSDI on July 1, 2015, and your EOD is January 2, 2015, you will receive benefits from July 1, 2015.

    If you apply for SSDI on October 1, 2015, and your EOD is January 2, 2014, you will not get retroactive benefits all the way back to July 1, 2014, because the SSA cannot give retroactive payments for more than 12 months. You will get benefits back to October 1, 2014.

    If your EOD is more than 17 months from when you applied, you will still only get 12 months of backpay.

    Helpful Answers From Our Florida Ssd Lawyers

    What is the Five Month Social Security Disability Benefits Waiting Period?

    The process of filing for and receivingSocial Security disability benefits can be complex and lengthy. At Michles & Booth, we understand that you likely have a few questions about what to expect. Here, our Florida SSD lawyers have compiled commonly asked questions about Social Security disability and provided answers for you. We invite you to browse our SSD FAQs to learn more, orcontact us directly to discuss your unique situation.

    Your initial consultation is entirely free. Call to get started.

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    How Are Back Payments Made

    If you are approved for SSDI only, you’ll most likely receive one lump-sum payment for the entire amount of your backpayments.

    If you are approved for SSI, or SSI and SSDI, the rules are different. Social Security generally pays the past-due benefits for SSI or combined SSI/SSDI in three equal installment payments that are separated by six months each. However, you are eligible for larger first and second installments if you need funds for necessities or to pay off debts for necessities. Or, you may be eligible for one lump-sum payment if you are not expected to live past the next 12 months or you are no longer eligible for SSI benefits at the time you receive your backpay . For more information, read our article on lump-sum payments of backpay.

    To learn more about disability backpay in general, see Disability Secret’s section on Social Security disability backpay.

  • Trade
  • Social Security Disability Waiting Period

    Though I have been with this firm for half a decade, I still hear things that are new to me. Recently I overheard a coworker talking to a client about a 5 month;Social Security Disability Waiting Period hold on their Social Security Disability Benefits, and I felt compelled to ask about it more.

    My background is predominantly in VA Disability, and Ive never heard of such a Social Security Disability Waiting Period before. When I started asking around about it I was surprised to learn that it was actually true.

    If you are granted Social Security Disability, the Social Security Administration will hold your first 5 months of benefits. This rule only applies to SSDI, not SSI. Honestly, this news was really upsetting. I had to do some research to find out why this amount was being held.

    If youre pursuing a disability claim, you will definitely want to familiarize yourself with this process so that youre not caught off guard when you get approved. The five-month Social Security Disability Waiting period starts when the SSA determines you became disabled.

    This is often referred to as an onset date. SSDI benefits begin accruing on the sixth month following the month in which you became disabled and qualified for benefits.

    This means that the benefit due for December would be paid to you in January 2018, and so on. Its also important to note that though this is called a hold, you will not actually receive the first five months of benefits.

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    Social Security Disability Insurance And Medicare: The 24

    Recipients of Social Security Disability Insurance benefits are eligible for Medicare benefits after a 24-month waiting period. This report explains this waiting period and its legislative history. This report also provides information on other programs that may provide access to health insurance during the required waiting period.This report will be updated to reflect legislative activity.

    Is There A Waiting Period For Social Security Disability Benefits

    Why The Five

    If youre approved for Social Security Disability Insurance benefits, you may not get your first payment right away.

    The Social Security Administration imposes a five-month waiting period on all approved applicants, with only two exceptions. Dependents of disabled workers and those who previously received SSDI benefits and need them reinstated are the only people who arent subject to the waiting period.

    If youre not in either group, how long will you have to wait before you start receiving your disability benefits? Heres what you need to know.

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    For Further Information Contact:

    Mary Quatroche, Director, Office of Vocational, Evaluation and Process Policy, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, 966-4794. For information on eligibility or filing for benefits, call our national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, Social Security Online, at .

    How Long After You Apply Does It Take To Receive Your Back Payment

    Obviously, any retroactive pay to which you are entitled to you will not be paid until and unless you have been approved for SSDI. And depending upon whether your case is initially approved or if you must file for an appeal, your application process can take a year or more. You should be prepared to wait at least this long before you will receive your SSDI benefits and/or retroactive pay.

    Once your SSDI application is approved, your retroactive pay will be calculated along with your back pay, and a lump sum for both will be issued sometime thereafter. However, the processing times vary. On average, most people wait 1-2 months before receiving their lump sum back payment.

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    Why Is There A Waiting Period For Social Security Disability Benefits

    The five-month elimination period is in place because the SSA only provides Social Security Disability Insurance benefits to people with long-term disabilities.

    Rather than paying you disability benefits to later find out you were suffering from a short-term disability, the SSA will simply wait five months and see.

    If your illness or injury goes away goes away before the five-month elimination period, you are ineligible for disability benefits.

    For a free legal consultation, call

    You May Qualify For Legal Assistance

    Stop The Five-Month Wait Requirement For Social Security Disability Recipients | Stop The Wait Act

    Applying for Social Security disability benefits is pretty confusing. If you need help, why not talk to an experienced Social Security attorney? You can get confidential answers that apply to your specific circumstances free of charge! All disability lawyers work on contingency, and they cant charge you anything unless the SSA approves you first.

    That means youll pay nothing to get professional help today. Already denied benefits? A lawyer can review your claim for mistakes and fix them. Each year, nearly 2 in 5 first-time claimants get denied for basic paperwork errors. This is called a technical denial. An attorney can help you avoid those mistakes, or fight to get you benefits on appeal. Lawyers wont take on your case unless they think youll win. And if you do win, youll only pay a small, one-time fee.

    Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!

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    Retain Counsel With Proven Results In Ssdi Claims

    The Orlando Social Security Disability lawyers at Trial Pro have years of experience handling SSDI and SSI cases. We know the type of information and evidence needed to secure your onset date, and we are willing to fight for our clients to ensure they receive all of the benefits they are entitled to.

    Contact our dedicated Social Security Disability team today at 800-874-2577. We have offices in Miami, Jacksonville, Orlando, Naples, and across Florida.

    Compassionate Allowances And Disability Benefits

    If you have been diagnosed with a severe disability, such as early-onset ALS or advanced cancer, you may have heard of Compassionate Allowances. This is a situation in which the SSA sees you’re clearly disabled, and expedites your claim. Under a Compassionate Allowance, you could expect to be approved in as little as 10 days.

    Still, keep in mind that even if your condition is approved promptly, you will need to wait until the sixth month to receive benefits. In some cases, you will be granted Medicare immediately, but these are only for the most severe diseases. Nobody can receive payments immediately.

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    Most People Who Are Approved For Social Security Disability Benefits Receive A Substantial Amount Of Backpay

    By Lorraine Netter, Contributing Author

    When you are awarded Social Security or SSI disability benefits, Social Security may owe you more than just your awarded monthly disability checks. How much disability income you are owed depends on different factors, including the type of disability benefits you are receiving and how long you were owed past benefits.

    What Withholdings Will Be Taken From Your Back Payment

    Understanding The Six Month Waiting Period for Divorce in ...

    When you receive your SSDI back/retroactive pay lump sum, no federal taxes will have been withheld from it. Instead, the IRS will issue you a 1099 tax form, and they will continue to do so each year you receive SSDI. Also, assuming that your lump sum is sizeable, you might be concerned about how it will affect you for tax purposes. The IRS does not penalize SSDI recipients for receiving their SSDI back/retroactive pay all at once. Consult your tax professional on the ways in which you can claim your SSDI back/retroactive pay in order to reduce or eliminate any back taxes owed.

    In addition, if you chose to use an attorney when filing your SSDI application , then the SSA will deduct any attorney fees owed from your retroactive and back pay award.


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    What Is The Maximum Amount Of Retroactive Pay That I Can Receive

    The SSA caps your retroactive pay at 12 months. In other words, you cannot become disabled and seek SSDI 5 years later and expect the SSA to pay you for all of that time. So, given the 5 month waiting period, in order to receive the maximum amount of retroactive pay you would have to have been disabled for 17 months or more before your application date. The SSA would deduct the 5 month waiting period and then pay you for 12 months of retroactive pay.

    As an example of how your EOD and application date determine your retroactive pay amount, lets look at the following example:

    Say that your EOD is January 1. You would become eligible for benefits on June 1, or 5 months later. If you applied for SSDI on December 1, then you would be entitled to retroactive from June 1 to December 1. Lets say, however, that you applied for benefits on March 1. Although you were disabled at the time you applied for benefits, you are not eligible for benefits during this time because it falls during your 5 month waiting period. Therefore, because you did not become eligible for benefits until after your application date, you are not entitled to retroactive pay.

    All of these dates and terms can be confusing, so we encourage you to review multiple examples of these terms being used in practice so that you can become familiar with them. For an extensive list of examples, please see our article Back Pay vs. Retroactive Pay.

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