In nearly all cases where a claimant is awarded Social Security benefits because of a disability, they will also receive disability backpay. Backpay usually dates back to when the application for Social Security disability was first filed, and in some cases, even earlier! There is a very simple explanation for this — it takes a lot of time to process Social Security disability claims. Not all disability backpay will start at the same time, and in order to determine how much backpay you will get depends on these factors:
#1. The date you applied.
The first thing that determines how much backpay you will get is the date that you applied for Social Security disability. Most people are eligible for past due benefits dating back to their application date, and some are even able to receive benefits for the year leading up to the date they applied. The year prior to the application date is called the retroactive period.
#2. The date you became disabled.
On your application, you will need to indicate the date when your disability started, and this is called the alleged onset date (AOD). Once your benefits have been approved, your disability examiner will set an established onset date (EOD), which is the date when the disability actually started. EOD is determined by medical records. EOD helps the SSA to determine how much disability backpay you are eligible for.
#3. The five-month waiting period.
Once your benefits are approved and you are given an EOD, you will have five months of benefits removed because the date of entitlement does not begin until five months after the EOD. If it is determined that the onset date is seventeen or more months before your application date, you should be entitled the full twelve months of benefits from the retroactive time.
Have questions or concerns about disability backpay? If so, contact our Social Security attorney in Louisville online today!