The Social Security Process from application to finally receiving a favorable decision awarding you benefits is a very lengthy process. It is not uncommon for it to take over a year (or even two years in some cases) to finally get a decision. Therefore, when you are finally awarded benefits, it is likely that you are entitled to collect some sort of backpay in your case. The amount of backpay you will be eligible to receive depends on the type of benefits you are eligible for (SSDI or SSI). Other important factors which impact backpay include the date of disability (finding by the judge in the decision), date of filing (your application), and the 5-month waiting period for SSDI claims. It is important to note that attorney’s fees also will be deducted from this backpay if you are represented. This blog post will explain the basic backpay eligibility of SSDI vs. SSI claims.
SSDI/Title 2:
Social Security Disability Insurance (SSDI) benefits are based on your work history. In order to be eligible, you must have worked over a certain period of time and earn enough work credits. The monthly amount you will be eligible for varies depending on how much you earned and how long you worked – it is capped at a little over $3,822 a month for an individual for 2023. First, it is important to note that there is a five-month waiting period to start receiving SSDI benefits. This 5-month waiting period begins from the date you are found disabled. Therefore, if the decision by the judge finds you disabled on 06/01/22 then you would be eligible to start receiving SSDI payments 11/01/22. Additionally, your date of filing is also an important factor in determining SSDI backpay. Essentially, the most SSDI backpay possible is 1 year prior to the date to filed your application. This means if the decision found you disabled at 01/01/20 but you did not file your application until 02/01/22, then you would only be eligible for backpay starting 02/01/21. Moreover, you need to first look at the date you are determined disabled the decision and then at the application date in order to determine when your back pay would start.
SSI/Title 16:
Supplemental Security Income (SSI) benefits are based on financial need. In order to be eligible, you must meet certain financial requirements. The monthly amount you will be eligible for varies depending on your financial circumstances – it is capped at $943 for an individual in 2024. Unlike SSDI, SSI backpay is a little easier to figure out. There is no 5-month waiting period. However, like SSDI, the date you are found disabled, and the date of filing are still controlling factors. The most possible SSI backpay would begin from the date of filing. For example, if the judge finds you disabled as of 07/01/22 but you did not file your decision until 01/01/23, then your SSI payments would start 01/01/23. However, if the date you are found disabled in the decision is after your date of filing, then you would start receiving benefits as of the date you are found disabled. For example, if the decision found you disabled as of 05/01/23 but you filed your application 01/01/23 then you would start receiving benefits from 05/01/23.
Overall, there are a lot of dates and rules to be aware of when calculating possible backpay you may be eligible for. Therefore, it is important to work with an experienced law firm to better understand what your backpay eligibility may be based on your specific case and circumstances.
