If you can’t work due to a disability, then you may be eligible for monthly cash benefits from the Social Security Administration (SSA). Depending on when your disability started and when you applied for Social Security disability benefits, you may even be able to receive retroactive payments. This is typically referred to as back pay.
Back pay is the payment(s) you may receive for the period of time between when your disability started and when you are entitled to benefits. This number is subject to the 5-month waiting period for Social Security disability benefits. You may be eligible for up to 12 months of back pay, depending on your specific situation.
Bross & Frankel is dedicated to fighting for the rights of people with disabilities. We handle all types of disability benefit claims, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) cases. Reach out to our law firm today to schedule a free claim review with a New Jersey Social Security disability attorney.
What Is SSDI Back Pay?
When you apply for Social Security Disability Insurance (SSDI), there is a 5-month waiting period for most disabilities, other than amyotrophic lateral sclerosis (ALS). This means that you will not receive benefit payments before your 6th full month of disability. The waiting period begins the first full month after the date that the SSA decides that your disability began, which is known as the established onset date (EOD).
To add to the confusion, there is a “date of entitlement,” which is the day that you are entitled to receive benefits. It can be up to 12 months before you apply for disability benefits. When you add the 5-month waiting period, your EOD could be 17 months before your application date. In some cases, your EOD might actually be after you applied if the SSA believes that you did not become disabled until that later date.
If there is any time between a person’s date of entitlement and the date that the application was approved, they will receive a lump sum payment of benefits for those months. This is commonly known as back pay. You may also receive back pay for the time between when your disability started and when you applied for disability benefits (minus the 5-month waiting period).
For example, Mike was diagnosed with Multiple Sclerosis in February 2021. He applied for Social Security disability benefits but was denied because the SSA found that his symptoms weren’t severe enough to prevent him from working at this point. He filed an appeal, and while waiting for a hearing, his symptoms worsened. The administrative law judge (ALJ) determined in January 2023 that he became disabled 7 months after applying – an EOD of September 2021.
His SSDI benefit payments will start 5 months after his EOD, or in February 2022 (the date of entitlement). Not only will Mike not have to wait to start receiving benefits, but he will be entitled to benefits from February 2022 through the decision date in January 2023. This amount is considered his back pay.
How Much Back Pay Can You Get for SSDI?
The Social Security Administration will pay a maximum of 12 months in back pay. Even if you were disabled for several years before you applied for disability benefits, the most that you can receive in back pay is 12 months’ worth of benefits. The total amount of back pay will be the monthly benefit amount multiplied by the number of months of retroactive pay that you are owed.
For example, consider a situation where you become disabled due to depression in January 2020. Due to the symptoms of your depression, you don’t apply for SSDI benefits until March 2021. When you are ultimately approved in August 2021, the SSA sets the EOD as January 2020. Your monthly benefit amount is $2,000.
In this situation, even though your disability began well over a year before the SSA approved your application, you will only get 12 months of back pay. As such, you will receive $24,000 – or 12 times $2,000 in retroactive pay from the SSA.
The issue of back pay can be complicated, particularly given SSDI wait times. There are strategies that you can use to ensure that you get the maximum possible back pay. One option is filing a written statement of intent to file an SSDI claim. This can establish what is known as a protective filing date.
If you meet the criteria, a protective filing date can essentially extend your SSDI eligibility. This is particularly important if you have stopped working and are worried about having enough work credits to qualify for benefits. It can also mean that you receive a larger retroactive payment.
To establish a protective filing date, you will need to:
- Submit a signed, written notice to the SSA that states that you intend to file for SSDI benefits within the next 6 months;
- Include the date that you completed an Internet Claim Applicant Identification Screen and received an application number; and
- File an application for SSDI benefits within 6 months of the date that the letter was signed.
Deciding when and how to apply for Social Security disability can be challenging. Similarly, it can be difficult to figure out what your back pay will be based on your established onset date. You may even disagree with the SSA’s determination of what your EOD is. A New Jersey Social Security disability lawyer can work with you to determine the best course of action, from seeking a protective filing date to filing an initial application to appealing a SSA decision.
How Bross & Frankel Can Help
If you are disabled, you may qualify for Social Security disability. However, the process for applying can be confusing. Our law firm is here for you.
Based in New Jersey, the Social Security disability attorneys of Bross & Frankel represent clients throughout New Jersey and Pennsylvania. We have decades of combined experience in Social Security benefits, including working within the SSA itself. If you are considering filing for disability benefits or want to appeal an SSDI denial, call our law offices at (866) 858-0571 or fill out our online contact form to schedule a free claim review with a New Jersey SSDI lawyer.
Related:
Most Common Disabilities Eligible for Social Security Benefits
Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.
Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.
Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.