social security disability lawyer already got paid when can i expect my payments to begin?

by Mia Doyle IV 7 min read

Even though your benefits are backdated to the date of your application, it takes 5 months for the payments to begin—so that five-month waiting period wipes out your back pay.Jun 18, 2020

Full Answer

How long does it take for Social Security to pay attorney fees?

Remember there is a five (5) month waiting period in which the government keeps your money. Depending on the date of onset, the waiting period can lie before the 12 month... The attorney will get a check from social security for the attys fees portion and they will likely send you a check separately.

Can I receive a favorable Social Security disability decision and not get paid?

So, it makes total sense that you could receive a favorable decision and not receive payment for 30 to 120 days. It is also possible, but uncommon, to could get payment before you actually receive the decision. We see this more so in our VA Disability practice, but it is possible with Social Security too.

When will my SSDI benefits be paid?

We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on. The amount of your monthly SSDI benefit is based on your lifetime average earnings covered by Social Security.

How much does a Social Security disability lawyer cost?

It makes sense that most people filing for SSD are not going to have thousands of dollars available to pay an attorney for help. Because of this, most Social Security Disability lawyers do not charge upfront fees or retainers to work on an SSD case. Most SSD attorneys only get paid if they win your claim.

How long does it take for SSDI payments to start?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

How long does it take to receive money from disability?

within two weeksMost benefit payments are issued within two weeks after we receive a properly completed claim online or by mail. By submitting your application completely and verifying that all information is correct, you help make sure your benefit payment is issued more quickly.

How long does it take to get SSDI 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.

What is the longest wait for SSDI back pay?

five monthsHow does the SSDI Waiting Period Affect My Back Pay? There is a five-month waiting period for SSDI benefits, meaning even if you receive approval the month after you apply, you will not be eligible to receive benefits until five months after the date your disability first occurred.

When can I expect my first Social Security check?

Social Security benefits are paid the month after they are due. If you tell us you want your benefits to start in May, you will receive your first benefit check in June.

How much back pay will I get from SSDI?

If your claim is approved 24 months after application, your will be entitled to 12 months of Back Pay (even though a 24 month waiting period less a 5 month waiting period is 19 months, the limit for Back Pay is 12 months).

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.

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.

How is back pay calculated?

How to calculate back pay for an hourly employee: Calculate number of hours worked: Add up the number of hours the employee is owed back pay for. Multiply hours worked by hourly pay rate. Adjust for overtime as needed.

What is the difference between SSDI back pay and retroactive pay?

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.

Is your first Social Security check retroactive?

You may be entitled to monthly benefits retroactively for months before the month you filed an application for benefits. For example, full retirement age claims and survivor claims may be paid for up to six months retroactively.

When Your Benefits Will Be Paid

Social Security makes payments in arrears, which means that when you receive a check, it is for the previous month. The only time this will probabl...

The Amount of Your Benefits

If you are approved for SSDI, the amount of your disability check will be based on the amount of income you earned prior to your disability and how...

Social Security Disability Back Payments

Most new beneficiaries are eligible to receive back payments from Social Security at the time their payments begin. This is because the benefit app...

Overpayments from Social Security

If Social Security determines that you have been erroneously overpaid disability benefits, you are required to refund the overpayment, in most case...

Taxes on Social Security Disability Benefits

If you have just begun receiving Social Security disability, or you do not receive it yet, you may have questions about whether or not your disabil...

How Long Will My Benefits Last?

Your disability benefits may not last forever, unless you are permanently disabled and your medical condition never improves. If your condition imp...

Why do people get back pay on Social Security?

Social Security Disability Backpay. Because the Social Security Administration takes so long to process disability claims, most people who are approved for disability are owed back payments.

What does backpay mean for disability?

Backpay and retroactive benefits can mean thousands of dollars for successful disability applicants, which is often more important to applicants than the ongoing monthly benefit.

How long before SSDI can I receive back payments?

For SSDI, your disability onset date could be up to 17 months before your application date, meaning you could receive payments for up to 12 months before your application ...

How long do you have to wait to receive Social Security Disability?

Keep in mind that for Social Security Disability Income (SSDI), there is a mandatory five-month waiting period from the date that Social Security determines your disability began (your onset date) to when your monthly payments can start.

What is the amount of disability check based on?

If you are approved for SSDI, the amount of your disability check will be based on the amount of income you earned prior to your disability and how much you worked in recent years. For more information, see our article on how much SSDI disability pays.

How much of your Social Security disability is taxed?

It is possible that up to 85% of your Social Security disability could be taxed. If you and your spouse have a combined income of more than $44,000 and you file jointly, you will likely pay taxes on 85% of your disability benefits. If you and your spouse have a combined income between $32,000 and $44,000, you will likely pay taxes on 50% ...

What does it mean when Social Security checks are in arrears?

Social Security makes payments in arrears, which means that when you receive a check, it is for the previous month. The only time this will probably have an impact on you is when you are waiting for your first check to come. Your payment date depends on whether you receive SSI or SSDI.

Who can receive SSDI benefits?

Benefits are available to certain dependent family members of SSDI recipients only, including minor children, disabled children, older spouses, ex-spouses, and even dependent parents. For more information, see our article on SSDI benefits for dependent family members.

Do disability benefits last forever?

Your disability benefits may not last forever, unless you are permanently disabled and your medical condition never improves. If your condition improves and you are able to return to work, your benefits will end. Social Security periodically re-evaluates your medical condition during continuing disability reviews.

How long do you have to wait to receive your first SSDI payment?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

When will SSDI pay in 2020?

We would pay your first benefit for the month of December 2020, the first full month of disability. We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

When will I get my first SSDI?

Your first benefit would be paid for the month of December 2020, the sixth full month of disability. However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) and you are approved for SSDI benefits on or after July 23, 2020.

What are the other benefits that affect Social Security?

Other Payments May Affect Your Disability Benefits. If you receive certain other government benefits, such as workers' compensation, public disability benefits, or pensions based on work not covered by Social Security (e.g., some government or foreign employment), the Social Security benefits payable to you and your family may be reduced.

How to contact Medicare for a TTY?

If you have questions about this coverage, you can contact Medicare toll-free at 1-800-MEDICARE (1-800-633-4227) to speak to a Medicare Customer Service Representative. TTY users should call 1-877-486-2048.

How much can a lawyer take from past due benefits?

Your lawyer is legally bound not to require any more than 25 percent of the past-due benefits you are owed. In fact, they cannot legally take more than $6,000, no matter how much you are owed in past-due benefits.

What happens if you don't meet the requirements for a disability?

If you do meet these requirements, your application will move to the next step in the process and will be reviewed by a disability examiner. They will look at the medical evidence in your case to determine if it should be approved or denied.

Does it cost to hire a disability attorney?

Under nearly all circumstances, it does not cost anything upfront to hire a Social Security Disability attorney. Their fee will come out of your award, if and when you receive it. The SSA will pay them directly, and you will not be hassled with turning the money over to them.

Do attorneys charge out of pocket?

Other Costs. Be aware that most attorneys will ask you to pay a nominal charge for their out-of-pocket costs when you begin your case. These are separate from attorney fees and cover the costs of filing your application and other miscellaneous expenses such as charges for obtaining medical and work records.

Does Social Security pay an attorney?

This agreement allows the Social Security Administration (SSA) to directly pay your attorney if your claim is approved. The SSA reviews the contract before sending money to ensure that it meets the fee agreement guidelines and that your attorney only receives what they are entitled to receive.

Do SSD attorneys get paid?

Unlike other types of attorneys, such as those who handle family or estate law, SSD attorneys usually only get paid if you win your SSD case. When you hire an SSD lawyer to represent your claim, you will be required to sign an agreement regarding how they will get paid.

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.

How important is the onset date for disability?

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.

How long can you get back pay if you are disabled?

If you are able to do this, you can receive retroactive benefits up to 17 months prior to your application date. Unlike back pay, retroactive benefits are limited to 17 months regardless of whether you’ve been disabled prior to that time.

How much back pay can I get on SSDI?

There’s no real limit on how much SSDI back pay you can receive. If it took three years from the time you applied to the time you were finally approved for benefits, you could receive all but five months of back pay accrued during those 36 months. It all depends on how long your case takes to approve.

What is retroactive pay?

Retroactive pay refers to monthly benefits you may have been entitled to based on your disability onset date.

How long can you get disability benefits before application date?

If you are able to do this, you can receive retroactive benefits up to 17 months prior to your application date. ...

What is SSDA LLC?

SSDA, LLC is a group of attorneys that pursues claims for Social Security Disability benefits on behalf of its clients against the Social Security Administration. SSDA, LLC is in no way a part of the Social Security Administration. Further, the information on this blog is for general information purposes only.

When will SSDI be approved?

Within two months of that hearing, you finally got approved for SSDI benefits in November 2020. Your monthly benefit is determined to be $1,000.

How long is the waiting period for disability?

After subtracting the five-month waiting period, you are left with 17 months during which you did not receive benefits. As such, you would be entitled to $17,000 in disability back pay.