Receiving Retroactive Disability Benefits

Disability is an uncomfortable subject to think about, but did you know that you have a 30% chance of becoming disabled before normal retirement age? The process of applying for benefits and receiving them can take months or even several years so an often asked question concerns whether or not it is possible to getting retroactive disability pay benefits from Social Security.

SSDI and SSI

Social Security pays disability benefits under two different programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

• SSDI pays benefits to disabled workers that are based on your average lifetime earnings in jobs where you paid your Social Security taxes.

• SSI pays benefits to low income disabled people, people over 65, and the blind.

Established Onset Date

Assuming that you are approved for Social Security disability benefits, a retroactive benefit payment may be available to you. As part of the approval process, Social Security defined the "Established Onset Date" of your disability. This is the date that Social Security agrees you became disabled and unable to perform significant work.

It is important to know this date because the earliest date that you can begin to receive benefits is after a mandatory five month waiting period has ended. Also, Social Security pays in arrears which means that if you are due benefits in the sixth month you will not actually receive the check until the seventh month, but then you will begin receiving them regularly.

File Early

The thought of receiving retroactive benefits is attractive, but even better would be to begin receiving the benefits that you are due as soon as possible. Social Security suggests filing for disability as close to the beginning of your disability as you are able. Keep in mind Social Security defines a disability as a condition that prevents you from working and that is reasonably expected to last at least 12 months or result in death.

The purpose of the five month waiting period is to weed out short term disabilities and ensure payments go to those who really need them.

Retroactive Benefits

Retroactive disability benefits can be owed to you if it takes more than a year or two to resolve your claim with a benefits approval. In addition to deducting the five month waiting period, your benefit amount may be adjusted based on other payments you are receiving such as those from a Worker's Compensation claim or another long term disability insurance policy that you may have through your job or that you have purchased individually.

If you receive an emergency assistance payment under SSI and then are awarded retroactive benefits, the amount of emergency assistance you received will be paid back from your retroactive benefits.

Get Legal Help

Estimates are that between 75% and 80% of all disability claims area denied initially. Working with an experienced disability attorney from the time of initial application can ensure that your claim paperwork is filed correctly and completely. An attorney will be invaluable if your initial claim is denied and you have to request a Reconsideration or a hearing before and Administrative Law Judge.