Filing For Retroactive Benefits For Disability

Obtaining disability benefits retroactively can be difficult. In many situations, filing any type of claim for disability benefits is challenging. Individuals need to prove to the courts that the circumstances of their injury or condition are significant enough to warrant being unable to work within their current, previous or other types of work related positions. Obtaining retroactive benefits is just as complex.

Are You Due Retroactive Benefits

There are several factors that play a role in whether or not you may obtain disability benefits retroactively. In general, it is not possible to do this. However, meeting some qualifications can help this process to work in your favor. Specifically keep in mind the following when trying to determine if you qualify for disability benefits paid retroactively, or back dated.

• You are unable to obtain benefits before your EOD, or Established Onset Date. This is the date on which your disability began. It may be the date a doctor documents your condition as being unable to work or it may be your date of birth, depending on your circumstances.
• Second, the date you filed disability is also important. In order to qualify for disability benefits, an individual must be unable to work for at least 12 months, or the condition must be expected to result in death. If it has not been 12 months, you may not be able to obtain retroactive benefits.
• In situations where the disability occurred a year or more in the past, and the condition is medically documented throughout this time, it may be possible to obtain disability benefits for that time period.
• There is no guarantee that retroactive benefits will be available.

Individuals will need to work through the five step process called the Sequential Evaluation Process to determine if their condition is severely disabled. This includes meeting any Listing of Impairments requirements for the specific type of condition you have. The process requires individuals to have medical documentation for all claims showing the limitations on their ability to work in gainful employment.

Hiring an Attorney

Although not required, it is almost always a good idea for individuals to hire an attorney to process claims such as retroactive claims for disability coverage. Disability benefits are difficult to obtain and most cases end in rejection the first time. An attorney can help to file an initial appeal or a new application. This may minimize the risk of the application for disability benefits being rejected for some people.