Claimants for Social Security Disability (SSDI) and Supplemental Security Income (SSI) benefits are typically anxious to receive their benefits, primarily because they are usually financially strapped during the interim period that they await benefits. That the receipt of SSDI disability benefits (Title II DIB) subjects them to a full five-month waiting period isn’t a very popular fact to share with clients and potential disability claimants. This waiting period is hard wired into the law by Congress. It cannot be waived. In reality, the five months is five FULL months, so it is usally a six month waiting period.
What is this five-month waiting period? Disability claimants who have received approval to receive Social Security disability insurance benefits, whether SSDI, SSD, or Title II disability benefits, are subject to a full five-month waiting period before the Social Security Administration (SSA) pays the claimant any amount of cash disability benefits as the SSA withholds five months of approved benefits before initiating monthly payments. However, like just about anything with disability law, there are limited exceptions to the five-month waiting period.
While not really an exception, SSI claimants who have been approved to receive disability benefits are simply not subject to the five-month waiting period. SSI claimants are eligible for their first payment of benefits on the first of the month after they apply for disability. An exception to the five-month waiting period is if an applicant is approved for SSDI benefits but returns to work, thus having benefits cease, and then again becomes disabled. In most cases, you need not bear the five month waiting period more than once. This is really a reinstatement of benefits. Insome cases, if the child of a disabled worker applies for benefits, his or her application may not be subject to any waiting period.
The five-month waiting period begins on the established onset date (EOD) of the disability of the claimant. As this is the date that the SSA considers the claimant to have become disabled, the date of entitlement to Social Security benefits doesn’t start until five full months after the EOD.
Of course, most of the time a claimant doesn’t actually wait five months after a decision, since typically a majority of the five-month waiting period is exhausted while awaiting a disability decision. Cases can take years, so most people do not wait five months for payment, they have already waited..
Do you have a potential disability claim? To improve your chances of meeting all of the requirements for the allowance of a claim (and avoiding the denial of benefits), retain the services of a qualified Kentucky Social Security Disability attorney. Contact Sullivan Law Office today. We offer free consultations, so you have absolutely nothing to lose! We look forward to hearing from you. Call 888-587-0228 or visit us online.