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11/01/2012 07:31 PM

Date of disability and back pay(page 3)

fibroforever
fibroforever  
Posts: 4128
VIP Member

I have a friend that had a brain tumor when she was in high school. It left her permanently impaired and disabled. She's never been able to even attempt to try and apply for a job. She has physical as well as emotional challenges. She just recently won her battle w/getting SSI. Now, none of this was her fault, and her actual onset date was clear back... uhm... like 30 years ago. What would happen if we gave her money clear back until then? I guess what all I'm trying to say is- they have to put a limit to it- whether it's 3 mo, 6 mo, 12 mo, 18 mo, 24 mo, etc. And, I guess, most people don't have her situation. So, 12 months might be fair. Maybe not, I really don't know. And, I'm thankful I'm not in your situation, or hers, or someone elses. -And, I know you're thankful to get what you might get. You did state that. Smile
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11/02/2012 06:17 AM
heatherj78
heatherj78Posts: 1673
Senior Member

i agree. people who haven't worked and never actually put into ssi should not ever complain about it when there are people who have worked all their lives who cannot work now and get denied for disability.

11/02/2012 08:08 AM
heatherj78
heatherj78Posts: 1673
Senior Member

yes...ive confused everyone including myself. and flat out just wrong at some points. from what ive been reading other places and what ive read here is all different. i shouldn't tr to post while on meds..but we all do. i was told that you will only get ssi payments 1 year even if you applied 5 years ago. this doesn't seem to be true. from what ive been reading all morning it seems that ssi goes back to the date of application regardless of how long ago it was when you applied.

this is what ive been reading....

For SSI, you can be paid back to the date of your disability application. If you have had to file appeals (most people do), then, chances are, by the time you get approved by a disability judge, about 2-3 years will have passed from the time you filed your initial disability claim. This means, of course, that the social security administration will owe you a substantial amount in back pay.

For social security disability, you can receive back pay back to the time of your disability application and, potentially, even 12 months prior to your original filing date. This is known as retroactive benefits. Retroactive benefits can be won if the medical record proves that your condition existed and was disabling (according to the social security definition of disability) at least twelve months prior to your application.


11/02/2012 01:51 PM
ElvisPresley
ElvisPresleyPosts: 2885
Group Leader

Heather, SSI will only pay back 12 months in retro.. SSDI back pay will go all the way back to your onset date no matter how many years it is,minus the 5 month wait.

11/02/2012 02:02 PM
heatherj78
heatherj78Posts: 1673
Senior Member

i know that everyone here has said that no matter if you applied for ssi 4 years ago, you will only get 1 year of back pay. but every site including attorneys and that disability secrets site has said what i posted above....that when you get approved for ssi it will go all the way back to application date even if its 5 years ago.

i don't understand ... ??


11/02/2012 02:26 PM
wheresmoney
wheresmoney  
Posts: 290
Member

SSI can only go back to application date ,but it won't be more than 12 months of back pay regardless of onset date

Say if u got approved today they would only go back 12 months even if your application date was 2 yrs ago.SSi does not have a 5 month wait period either.


11/02/2012 02:28 PM
wheresmoney
wheresmoney  
Posts: 290
Member

SSA has new rules where an award can only get 12 months of back pay with either SSDI/SSI

Sometimes people get SSI during the SSDI 5 month waiting period if they qualify for both But once SSDI kicks in they will take it back.Along time ago SSA use to pay all the way back But to my understanding that was changed a few years ago!!


11/02/2012 02:47 PM
heatherj78
heatherj78Posts: 1673
Senior Member

wheresmoney - this is what ive thought..and always though. but reading on different sites today has totally confused me bc it says otherwise. but that is ssi.

with ssdi - your entitled to all your back pay even if its been 5 years...you are entitled. i know about ssdi. its the ssi that is confusing.


11/02/2012 04:09 PM
baroness
baroness  
Posts: 825
Member

heatherj78 But in some cases the judge moves your onset date back to when you were first injured or your last day of working. I have read this and I have also gone on other sites and I think one time I posted what I read and 2 people from here said that was absolutely wrong so I guess you have to figure out if your sources are reliable or not. I trust people on here because they seem to know what they are talking about.

11/02/2012 04:13 PM
baroness
baroness  
Posts: 825
Member

wheresmoney what do you mean SSA has new rules and you can only get 12 months of back pay for ssi and ssdi? It was my understand that the disability could be changed to your date of onset or when you quit working as it has happened for others on here.
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