ssd how long after lawyer gets paid do you start receiving benefits

by Dr. Laurine Crist DVM 7 min read

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

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 …

and SSI

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 …

offset) then it can take longer than 60 days.

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.

Full Answer

How 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 from SSDI?

For this reason, you must ensure you have direct deposit set up in plenty of time, so there is no unnecessary delay in receiving your back pay. If you were approved for SSDI, you should receive the entire amount of back pay at once, hopefully within 60 days of approval.

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.

What happens after SSD is approved by SSA?

After the SSA approves your claim, you won’t automatically get health insurance right away. Once you receive SSD approval, you must wait 24 months. Then, you receive automatic enrollment into into Medicare Part A (hospital insurance) and Part B (health insurance).

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 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 receive Social Security benefits after approval?

6 Weeks on Average to Get Approved for Social Security Usually, it is 6 weeks. But the accuracy of your information and the number of applications at the time you apply may extend the timeframe. You now have a rough idea of how long it takes to start receiving social security benefits after applying.

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.

What is the 5 month waiting period for SSDI?

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.

What is the most back pay for Social Security?

Therefore, the maximum amount of retroactive pay that you can receive would be one year's worth of benefits, and that would require you to have been disabled for 17 months or more prior to your application date (due to the 5-month waiting period).

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

Is your first Social Security check retroactive?

All of which brings us to retroactive benefits. Here are the rules: If you first claim Social Security after reaching full retirement age, you can backdate your application and receive benefits for the months after reaching your full retirement age, not to exceed six months.

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.

What happens after a fully favorable disability 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.

What can I spend my SSDI money on?

Answer: After paying for the disabled person's food, shelter, clothing, medical and dental costs, and any rehab expenses, the representative payee can spend disability benefit money on personal comfort items and recreation costs (such as outings, movie tickets, or magazine subscriptions).

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...

First-Round Approvals

The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years.

Reconsideration Approvals

Most people receive denials in the first round of review and the next step, or the first appeal, is called Reconsideration. At this stage, you can request an on the record (OTR) decision, but only with the help of an experienced Social Security Disability attorney, do you realistically have a chance of getting approved at this level.

ALJ Hearing Approvals

If you are denied at the Reconsideration level, your case will proceed to a hearing in front of the ALJ. The average waiting time for a hearing is currently in in the 15 – 20 month range from the time the Request for Hearing is filed with the SSA.

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 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 is the waiting period for Social Security Disability?

You may have a future month of entitlement, because of the mandatory five month waiting period for Social Security Disability claims for which you are not entitled to receive disability benefits (note: SSI claims are not subject to a waiting period).

What is CR in Social Security?

Once your claim is back in your local office, a social security claims representative, or CR, completes all the necessary actions to get your claim into disability pay status. Generally, they are able to quickly adjudicate your disability claim and you will receive your Social Security Disability or SSI benefits the month you are entitled ...

Can I get disability if I don't have a future month?

If you do not have a future month of entitlement, your disability benefits may still be delayed if additional actions are needed to clear your disability claim for payment. If your disability claim requires a manual action to clear it for payment, it could take a little longer for you to receive disability benefits after you have been approved.

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

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.

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.

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 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.

First-Round Approvals

  • The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years. If you decide to hire an attorney to assist with the application process, the right lawyer will know what the Social Security Administratio...
See more on socialsecuritylawoc.com

Reconsideration Approvals

  • Most people receive denials in the first round of review and the next step, or the first appeal, is called Reconsideration. At this stage, you can request an on the record (OTR) decision, but only with the help of an experienced Social Security Disability attorney, do you realistically have a chance of getting approved at this level. Currently, only 13.6% of appeals on Reconsideration ar…
See more on socialsecuritylawoc.com

ALJ Hearing Approvals

  • If you are denied at the Reconsideration level, your case will proceed to a hearing in front of the ALJ. The average waiting time for a hearing is currently in in the 15 – 20 month range from the time the Request for Hearing is filed with the SSA. This is by far the most important time for you to have representation for many reasons that are too lengthy to discuss here. This is where you …
See more on socialsecuritylawoc.com