how long after lawyer gets paid will i get retro ssdi

by Dr. Devyn Lesch 5 min read

Social Security will in most cases hold back 25% of the back benefits, but pay no more than the maximum of $6K to your attorney. The retroactive benefits can only be paid one year before the date of application. Remember there is a five (5) month waiting period in which the government keeps your money.

Thus, in order to receive the full 12 months of retroactive benefits, your onset date must predate your application by 17 months (12 months of benefits plus the five-month waiting period). Once you begin receiving benefits, it takes another one to two months to receive your SSDI back pay.Mar 22, 2021

Full Answer

How long does it take to get back pay for SSDI?

There are a few rules surrounding how back pay works. Put simply, you can only get back pay if your approval process took longer than five months. The Social Security Administration has given itself that leeway period since processing claims generally takes about five months. That means if you get approved for SSDI within five months of your initial application, you won’t be entitled …

How long can you receive retroactive Social Security disability?

Jun 07, 2010 · Once you have a hearing, it will take approximately two to three months to receive a written decision in the mail from the Judge. The Judge will write a 10-15 page decision, regardless of the outcome, explaining why she or he decided favorably or unfavorably. In sum, waiting periods vary to get Social Security Disability.

How does Social Security disability back pay or retroactive pay work?

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.

How much does social security hold back for attorney fees?

Apr 22, 2013 · Social Security will in most cases hold back 25% of the back benefits, but pay no more than the maximum of $6K to your attorney. The retroactive benefits can only be paid one year before the date of application. Remember there is a five (5) month waiting period in which the government keeps your money.

How long does it take to get SSDI retroactive pay?

around 60 daysWhen Will I Receive My SSDI Back Pay? It usually takes around 60 days to receive your back pay.Jun 18, 2020

How do I check my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

How does SSDI retroactive pay work?

SSDI retroactive pay is the amount of money that you're owed for the time that you were disabled before you applied for SSDI. Think of it like this: if back pay is compensation due to the SSA's delay in processing your application, retroactive pay is compensation for your delay in applying for SSDI.

How can I get my SSDI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.Mar 11, 2020

What is the maximum back pay for SSDI?

12 monthsSSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

Is SSDI back pay one lump sum?

Those who win an award for SSDI backpay are always paid in one lump sum. Note, however, that attorneys' fees are deducted by Social Security before the lump sum amount is paid to the claimant.

Does disability benefit get backdated?

Severe Disability Premium can be backdated to when you became entitled to it. In some cases, this can be for a long time and can mean you get a big back payment.

What is the difference between retro pay and back pay?

The definition of retro pay (short for retroactive pay) is compensation added to an employee's paycheck to make up for a compensation shortfall in a previous pay period. This differs from back pay, which refers to compensation that makes up for a pay period where an employee received no compensation at all.

What is the 5 month waiting period for SSDI?

Is there a waiting period for Social Security Disability Insurance (SSDI) benefits? If we find you disabled, there is generally a five-month waiting period before we can begin your benefits. We will pay your first benefit the sixth full month after the date we find your disability began.Mar 30, 2021

How long does it take Social Security to release funds?

On average, the SSI or SSDI back pay time frame is 90-120 days for the payments to be processed and released to you. It may be sooner or later than the average, depending upon your specific claim.

How does Social Security calculate back pay?

The calculation is rather simple. The SSA takes the months between your application date and your approval date and multiples it by your monthly payment. If you receive the maximum payment of $735, and it took the SSA eight months to approve your claim, you would be entitled to $5,880 in back pay.

How long does it take to get an award letter from Social Security?

The Social Security Administration (SSA) states on its website that applicants may have to wait between three and five months to get a letter confirming your benefits after approval of your application. The application itself could take between one and three months to reach a decision.Dec 31, 2020

When Disability Payments Begin

For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if y...

Examples of Back Payment Calculations

By using the date your entitlement to payments should begin (discussed in the above section), you should be able to calculate the amount of your ba...

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 f...

How much do Social Security attorneys get paid?

Otherwise, the Federal law says Social Security attorneys get paid a fee of 25% of your retroactive benefits, or $6,000.00, whichever is less, and only if you win your case.

How long does it take to get a disability hearing?

It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration. This stage takes approximately two to seven months. If you are denied again, you have the right to Request for Hearing before an Administrative Law Judge.

How long does it take to get a hearing in Maryland?

In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.

What can a lawyer do?

What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer.

How long does it take to get a disability retroactive?

Calculating disability retroactive pay benefits depends upon three factors: Application Date, Disability Onset Date, and the Five Month Waiting Period.

How long do you have to wait to get SSDI?

Once your disability onset date has been established, you must wait five months after that date before you will become eligible for benefits. This is referred to as the 5 month waiting period, and it applies to all SSDI benefit recipients.

Why is retroactive pay important?

Because retroactive pay is used to compensate you for time you were eligible for SSDI benefits prior to the time you applied for SSDI, your application date is crucial in determining your retroactive pay amount, if any .

How long do you have to be disabled to get SSDI?

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.

How long does it take to get a lump sum from SSDI?

However, the processing times vary. On average, most people wait 1-2 months before receiving their lump sum back payment.

What is the AOD on SSDI?

When you complete your SSDI application, you will indicate the date upon which you became disabled. This is known as your Alleged Onset Date, or AOD. If the SSA determines that you are disabled, they will use your AOD to determine for how long you have been disabled.

How long does it take to get Social Security benefits?

Once this is done, the claimant can expect payment within 30-45 days. The attorney representative, on the other hand, waits longer to receive attorney’s fees which currently are 25% of back due...

How long does it take to get back my unemployment benefits?

Back due benefits, except for any fee due attorneys, goes directly to the client. This can be as short as 10 to 14 days; normal is 30 to 60 days. If there are other issues (like workers' compensation offset, or SSDI and SSI offset) then it can take longer than 60 days...

How long does it take to get back pay for disability?

Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date. And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

How long is the waiting period for SSDI?

And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

What is retroactive disability?

Retroactive benefits are paid for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are benefits that you were eligible for and would have received if you had applied for benefits earlier. SSDI v.

When do disability payments begin?

When Disability Payments Begin. For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if you are approved for SSI benefits on January 1 st, you can expect to begin receiving benefits on February 1 st.

When do you get disability benefits?

You will receive disability benefits starting at the beginning of the sixth month. The five-month wait period is generally shorter than the time it takes for an application to be approved, so the waiting period doesn't usually delay the start of your monthly payments.

How long does it take for SSDI to start?

For those who are receiving SSDI benefits, there are several factors that affect when your payments begin: your disability onset date, your application date, and the five-month waiting mandatory period for SSDI. Onset date. Social Security will use the date you filed a disability application as your " alleged onset date .".

Do you owe Social Security more than monthly?

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.

How long does it take to get back pay on Social Security?

While there is a five-month waiting period during which you are not entitled to benefits, you may receive back pay benefits for any time between when you initially filed your application ...

What is the alleged onset date?

The “alleged onset date” is the date you claim to have become unable to work. This date is required information on your initial application. It is the date that will be used to calculate your retroactive benefits, unless the Social Security Administration disputes it.

Is back pay retroactive?

Back pay and retroactive pay can be important to your financial future. Therefore, it is important that you contact an experienced Social Security disability lawyer as soon as possible.

How long does it take to get back pay on SSDI?

If it took eight months for your claim to be approved , you can expect to receive back pay for those six months.

Why is the onset date important?

The onset date is also very important because of the potential five-month waiting period the SSA may impose after the onset date before you are eligible for benefits. The earlier your onset date, the greater the chances you will not miss out on possible benefits you deserve.

How long do you have to wait to collect Social Security?

There is a mandatory five-month waiting period before you can start collecting benefits. Basically, the SSA eliminates your first five months of benefits. Now, if you have been waiting a long time for benefits already – more than five months – then you won’t have to wait any longer. That time has already been served.

How long can you get retroactive unemployment benefits?

These are the benefits that you were eligible for and would have received if you had applied for benefits earlier. You are entitled to receive a maximum of 12 months of retroactive benefits prior to your application date. Retroactive pay is not owed to everyone and is not affected by the backlog of Disability cases.

How do I get my Social Security disability check?

At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: 1 The amount of your monthly Disability check. 2 What day of the month to expect to receive your monthly check. 3 The amount you will receive in back pay. 4 The date you can expect to receive your back pay.

What is back payment?

Back payments are past due benefits. That is, the money the Social Security Administration (SSA) would have started to pay you if they had approved your application immediately after you filed. Back payments are owed to you from the date of your application to the date that the SSA approved you for Disability benefits.

What is retroactive pay?

Retroactive benefits are payments that cover the months you were unable to work before you applied for Social Security Disability benefits. They are based upon the day your Disability began (called your “onset date”) and the date that you filed an application for benefits.

What is an award letter for disability?

An “Award Letter” will spell out the details. At some point after your claim is approved, you will receive a Social Security Disability award letter. This letter should answer most of your questions, including: The amount of your monthly Disability check. What day of the month to expect to receive your monthly check.

How long can you get back pay on SSDI?

If your EOD is before the date you filed your SSDI application, you may receive a maximum of twelve months ...

How long does it take to get back pay on Social Security?

In SSI cases, Social Security will award backpay starting from the first full month after you filed for benefits (or the month following your protective filing date). Unlike in SSDI cases, there is no five-month waiting period, and retroactive benefits (payments for any months before you applied for disability) are not available.

How long does it take to get approved for Social Security disability?

For the minority of applicants approved at the initial level, a wait of three to six months is common.

How long does it take for a disability to be processed?

However, if you haven't received any backpay after three or four months, contact Social Security to make sure your payment is being processed. Talk to a Disability Lawyer.