Filing a Claim for Retroactive Disability Benefits

What do you need to know about filing a claim for retroactive disability benefits? First, it is important to understand that there are circumstances under which you can receive retroactive disability benefits from Social Security, but getting retroactive benefits awarded to you is in no way guaranteed.

You can get your questions answered at your local Social Security office or find information on their website at www.ssa.gov but you may be more comfortable talking to an attorney who has a great deal of experience filing a claim for retroactive disability benefits for their clients. Look specifically for attorneys with a practice that focuses on Social Security disability claims.

That being said, the process for filing a claim for retroactive disability benefits actually starts with filing a claim for disability. Before you can begin to hope for a retroactive benefit you must first be declared disabled by Social Security. This is a process that can take years, and sometimes happens only after an initial denial and then appeal.

In order to be eligible to receive Social Security disability benefits as an adult you have to have worked and paid your Social Security taxes. Under strict Federal law, Social Security has to determine that you have a disability that is expected to either last for at least one year or result in your death.

There are two dates that are important when it comes to Social Security deciding on whether or not you are due retroactive benefits. The first is the date that Social Security has found to be the date your disability actually began. This is referred to as your EOD, or Established Onset Date. The second date that is important is the date that you filed your disability claim. Under their rules, if you filed your disability claim in the same month that you became disabled, and Social Security determines that you are in fact disabled according to their definition of long term disability less than 12 months after your claim is filed, you probably will not receive retroactive benefits and may even have to wait for your benefits to start.

If you file your claim two or three years after your disability began you may be entitled to a retroactive benefit. Your best bet is to discuss your particular case with an attorney who specializes in Social Security disability or visit your local Social Security office to try and get your benefits questions answered.