once your approved for ssi does your lawyer know how much u getting back

by Amani Kovacek 4 min read

That means once your claim’s approved, the SSA

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

automatically owes you five months of SSDI

Social Security Disability Insurance

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …

back pay, at minimum. You won’t receive a check until the start of the sixth full month after your EOD, which can be confusing. For example: You filed your claim on January 1, your claim’s approved July 1, so your first SSDI check arrives August 1.

Full Answer

What happens if you are approved for SSI and SSDI?

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.

When will I receive my SSDI or SSI back pay?

You should receive your SSDI or SSI back pay in a separate check or direct deposit one or two months following your approval. You may receive it before or after you receive your first monthly payment.

How long will my insurance Follow Me for SSDI?

If you have worked consistently for 10 years then stopped working, therefore, you “insurability” will follow you for approximately 5 years. One of the pieces of information I always look for is my client’s “date last insured” for SSDI.

Why do I have to wait longer for SSDI than SSI?

In general Concurrent Claimants (those approved for SSDI and SSI) wait longer than individuals approved for either SSDI or SSI but not both, because the benefit calculations are more complex; (5) Were you approved around the holiday season?

image

How does SSI determine backpay?

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 far back does SSI pay once approved?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

What happens after fully favorable decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

Can I track 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.

Will SSI release backpay early?

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.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

What happens when SSI is approved?

If we approve your request for expedited reinstatement of your SSI benefits, your provisional (temporary) benefits will begin the month after your request. You may be eligible for Medicaid coverage. We can give you provisional benefits for up to 6 months while we determine whether you can get benefits again.

What happens when you are awarded Social Security disability?

your disability benefits automatically convert to retirement benefits, but the amount remains the same. If you also receive a reduced widow(er)'s benefit, be sure to contact Social Security when you reach full retirement age, so that we can make any necessary adjustment in your benefits.

What does a fully favorable decision mean for SSI?

Fully favorable--means that SSA has found that you are disabled as of the date you allege your disability began.

How far back does SSDI back pay go?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

How long does it take to get your first check from Social Security?

Once you have applied, it could take up to three months to receive your first benefit payment. Social Security benefits are paid monthly, starting in the month after the birthday at which you attain full retirement age (which is currently 66 and will gradually rise to 67 over the next several years).

Does SSDI back pay come in one lump sum?

SSDI backpay is always paid as a single lump sum. How much backpay you'll receive depends on your disability onset date, your application date, and the date you were approved for benefits. In addition to your backpay, you'll also be entitled to monthly SSDI payments.

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 many back payments do you get if you are approved for SSDI?

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.

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).

What is back payment for SSDI?

Another type of back payment that may be available to individuals who are receiving SSDI benefits are retroactive benefits. 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 ...

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 .".

How long does it take for Social Security to pay past due benefits?

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 .

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.

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).

How long does it take to get disability benefits?

Typically you will receive disability benefits within 60 days of your favorable decision. Whether your claim was approved in one month or two years, your disability benefits can never arrive soon enough! There are several steps that need to take place prior to your receipt of benefits.

What happens when you get favorable medical decision?

Once your favorable decision is in writing, it is official and it begins a domino-effect of other activities that ultimately result in you receiving your financial and health insurance ( Medicare or Medicaid) benefits; (2) Ensure your contact information is up-to-date with your local Field Office;

When do you get your first Social Security check?

According to the Social Security Administration, claimants who win Social Security disability approval get their first payment during the sixth full month after the date their disability began . For example, if your disability started on June 1, you should get your first check in December – six full months after the condition’s onset.

Does Medicare cover older people?

The federal government manages Medicare to specifically cover individuals aged 65 and older. In addition, Medicare also provides healthcare coverage for younger people with qualifying disabilities.

Is disability insurance difficult?

For many Social Security disability insurance (SSDI) applicants, the claim process can be challenging. But upon receiving your Social Security disability approval, it’s important to have a good understanding of next steps. From knowing when your benefits will begin to knowing what types of medical coverage you may receive, ...

Can I get SSDI with an attorney?

Getting SSDI benefits can be a real challenge. However, a qualified disability advocate or attorney charges $0 for legal assistance unless you win benefits. People who file claims through an attorney are 2x more likely to win benefits on their first try.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

How much can you earn on disability in 2020?

For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

Can an attorney approve a disability application?

Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.

Is alimony considered income for SSD?

Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. Likewise, you can be ineligible for benefits even if you earn less than SGA. For example, if the SSA finds that you could perform other work, ...

How long does it take to get a Social Security exam report?

The Social Security Administration makes it clear to the consulting doctors who conduct the medical exams for Social Security that the doctor's examination report should be sent to DDS within 10 business days from the date of the exam. This means basically two weeks.

What happens if you call the DDS after a disability exam?

If you call the DDS (Disability Determination Services) after your exam, you might get the answer that the claims examiner is simply waiting on the results ...

What happens after a consultative exam?

After attending a consultative exam per the request of a disability claims examiner, most disability claimants are eager for an answer on whether they will be granted disability benefits.

Why is disability not investigated?

The disability examiner or the supervisor may discover, late in the process, that the a particular condition was not investigated, because it hadn't been discovered in the previously gathered medical evidence. This can cause delays.

Can an IQ test be rescheduled?

This can happen after a physical or mental exam has been conducted. In such instances, an exam may need to be rescheduled. I remember, as an examiner, a rare case of an individual having to be sent to an IQ test on three separate occasions. The individual's scores kept coming out suspiciously low.

image