Principal Attorney
Many individuals who have disabilities that impact their ability to work rely on disability payments to make ends meet. However, when first filing for your benefits, you may find that receiving the back pay you are entitled to is taking a long time. Understanding what disability back pay is, the regulations that impact it, and the common causes for delays can help you recover the benefits you deserve.
What Is Disability Back Pay?
Disability back pay refers to the benefits you accrue between your established onset date (EOD) and when your disability claim is approved. It can sometimes take months for the Social Security Administration (SSA) to process your claim, and over that time, you may be accruing benefits that they will ultimately have to pay you for.
Additionally, if your claim is initially denied but approved upon appeal, you are entitled to back pay as if your claim was never denied. The initial denial does not count against your total benefit amount. The only drawback is that you must wait longer to receive the benefits you deserve.
How Does My Established Onset Date Affect My Disability Back Pay?
Something to remember is that your established onset date may not be the date on which you filed for disability benefits. This is the date on which the Social Security Administration determined your disability began. It could be before your alleged disability onset date, or it could be after it.
This is important because it could affect how much compensation you receive and when you receive it. Social Security disability back pay only counts full months of disability. If the Social Security Administration determines that your disability began halfway through a month, you will not start accruing benefits until the following month.
Five-Month Elimination Period for SSDI Benefits
If you’re seeking Social Security Disability Insurance (SSDI) benefits, it’s important to remember that there is a five-month waiting period before your benefits begin. This waiting period starts on your established onset date, meaning that you will not receive benefits until the sixth full month afterward. Your back pay does not cover this period, so if it hasn’t been six months since your disability began, you would not be entitled to back pay benefits.
Social Security Income (SSI) benefits do not have a five-month waiting period. However, your back pay for SSI benefits will be paid in up to three installments instead of a single lump sum. These payments must be six months apart, so if one is delayed, the following payments will also be delayed accordingly.
Common Causes of Disability Back Pay Delays
Some of the most common causes of disability back pay delays include:
- Administrative Backlogs – The Social Security Administration sometimes experiences significant backlogs due to the volume of applications it receives and must investigate.
- Application Denials – If your application is denied, you must file an appeal, which can slow the process of receiving your disability benefits, including back pay.
- Bank Account Issues – Disability benefits are typically sent through direct deposit into your bank account, and issues with your bank account can lead to delays.
- Additional Information Required – Sometimes, the Social Security Administration needs you to provide additional information about your disability, which can slow down the process.
Contact Our Los Angeles Social Security Disability Attorneys
If you need assistance getting your Social Security disability back pay, contact Disability Advocates Group for a free consultation with an experienced attorney. During your initial consultation, our attorneys will review your case, including when you initially filed for disability benefits and whether the Social Security Administration declined it. We’ll then help you determine if any common delays are affecting your payments or if you need to file an appeal with the Social Security Administration.
