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The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. The amount of back payments you're entitled to depends on your application date and your disability date.
Types of Back Payments Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. SSDI v. SSI Back Pay The type of back payments you're eligible for depends on the type of benefits you are receiving. Yes Yes Retroactive benefits available? Yes No Interest paid on back pay? When Disability Payments Begin For those who are receiving SSI benefits, payments begin the first full month after you are approved for benefits.
Examples of Back Payment Calculations Your "date of entitlement" is the date that Social Security starts owing you benefits. Disability Law. Social Security Disability. Long-Term Disability.
Veterans Disability. State Short-Term Disability. Hiring a Disability Lawyer. Disability for Specific Illnesses. Long-Term Care. Nolo's Guide to Social Security Disability. You can also manage your communication preferences by updating your account at anytime. You will be asked to register or log in. In the next 24 hours, you will receive an email to confirm your subscription to receive emails related to AARP volunteering.
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Share using email. How back pay works Suppose worsening arthritis sidelined you from your job Jan. Tax impact Like all Social Security benefits, a portion of disability back pay may be taxable if your overall income exceeds a certain level. Keep in mind Back pay covers the months between application and approval. SSI is not retroactive. Living arrangements means where you live, who you live with, and who pays the shelter and food costs for the individuals living in the same household with you if you live in a household, or your living arrangement could be as a resident of an institution such as a hospital or prison.
If a substantial length of time has passed between the application and medical approval, the Social Security office in which you applied will either call you or send you a letter to set up an appointment for an interview to review all these eligibility factors going back to the date of your application.
The interview will be either in person or by telephone. At the interview you may be asked to provide bank statements, proof of income, rental agreements, mortgage papers, or a statement from a relative in whose home you live. It is easy to see that the more months that have to be reviewed since you applied and the more changes in income, resources, and living arrangements you have i. This means that, on average, a person who has been approved in a hearing appeal two years or more after the application is likely to wait longer for benefits to start than someone who has been approved on initial application three or four months after filing.
Another factor that can add to how long you receive payment is having received state-funded interim assistance while you were waiting for your SSI claim to be processed. If you received certain interim cash assistance from a state, SSA must use part of your back pay to reimburse the state for the assistance it provided you. Note that when you signed up for the state assistance, you would have signed papers agreeing to this reimbursement. Although most of the time, the information is gathered quickly from the state, occasionally there will be a delay in getting the information transmitted to SSA, thus extending processing time.
A windfall offset occurs when a person is eligible for two federal disability benefits for the same period of time. Windfall offset means that one benefit will be reduced by the amount of the other that has been paid or is scheduled to be paid for the same month s.
The offset is used to keep people from getting more benefits than they would have if both SSI and Social Security had been paid on time in the months for which they were due.
In the rare case that your Social Security Disability back pay is released to you before SSI is released and is released without reduction for the windfall offset, the offset amount will be withheld from the SSI back pay. SSI back pay never includes retroactive benefits, that is, SSI does not pay for benefits for months before the month of application.
Benefits will begin the month following the month of the application unless the disability is determined to have started after applied. Back pay ends the month before the first monthly benefit is paid. The amount you receive will depend on how many months there are between when benefits start to accrue and when your monthly SSI starts and on how much you are eligible for each month based on your countable income.
The first two will not exceed three times the FBR; the final installment will pay the remainder due.
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