How are Social Security Disability Back Pay Benefits Calculated?

Why does a Social Security Disability Claimant receive back pay?

When a Claimant applies for Social Security Disability (SSDI) benefits, it can take a long time to be approved.  Because of this, many people are entitled to several months of back benefits when they finally win their cases. To determine how those back benefits are calculated, you must first know that not everyone receives the same size disability check.

The monthly amount you receive is based on your average lifetime earnings also known as a PIA. You can check your personal Social Security Statement, and your earnings record by creating a my social security account through the Social Security Administration’s website. The amount increases the more you have worked or earned in the past. If you are a disabled widow or widower, the rate depends on how much your late spouse worked or earned in the past.

How do Back Benefits begin Accruing?

You may be entitled to back benefits. These benefits begin accruing five months after your disability onset date and they accrue until you win your Social Security Disability case or a final decree is entered in your case. Because getting SSD benefits can take such a long time, many people are entitled to months and months of back benefits when they finally win their cases.

What is your Disability Onset Date?

The alleged onset is the date that you claim on your Social Security application that your disability began.  This is also the date that you feel you became unable to work. With Social Security Disability benefits (SSD), you can receive retroactive pay as far back as 12 months from the date you applied for benefits if you were disabled before you applied.

To get the full Social Security Disability backpay of 12 months, you would have had to have become disabled at least 17 months before the date you applied, because there is a waiting period of five months after becoming disabled in which benefits are not paid or owed. So paid benefits can start as far back as 12 months from the date you file but you will not receive those until DDS or an administrative law judge adjudicates you disabled. 

For SSI recipients, there is no retroactive pay. If you are approved, you will get paid benefits from the month you applied. Remember there are two programs SSDI and SSI one is an insurance program while the other is an entitlement program.

Where Does the Money Come From?

Social Security Disability Insurance benefits (SSDI) come from payments made by working Americans. These payments are made in the form of Federal Insurance Contributions Act (FICA) taxes and are withheld from your wages. You may have noticed these taxes coming out of your paycheck before you ever considered filing for Social Security Disability. If you have spent enough time working at a job where you were required to pay FICA taxes, you will probably be eligible for Social Security Disability benefits if you are disabled

Getting Help with Your Social Security Disability Benefits

If you are considering applying for either SSD or SSI benefits, or have been denied these benefits and need representation, do not delay.  Contact an experienced Social Security Disability Attorney. Call the Social Security Disability Attorneys at Betz & Baril at 865-888-888 for a free no obligation consultation and to tilt the scales of justice in your favor.

What are the new Social Security Disability (SSDI) considerations in the age of Covid?

What are new considerations in the era of COVID-19 for a Social Security Disability case?

1. Onset Date- Think carefully when you set your onset date.  Do not use your last day at work if they laid you off or the business shut down due to Covid-19. Look at your medical records and use a date that signifies some significant event in regards to your medical history after you quit working. Most peoples conditions tend to go from bad to worse over time and find a date that the doctor said things were getting worse or that you had a diagnostic test.

2. Telemedicine is legitimate treatment- Do not hesitate to use a tele-doctor. The excuse I could not go to the doctor because I was afraid of getting Covid-19 is not going to fly with judges anymore.  

3. Mental health- Has Covid -19 affected your mental health? If it has treat and assert the conditions and subsequent limitations because of the pandemic. Judges are people too and Covid-19 has affected them as well.

Social Security Disability Fact or Fiction

Answer the following five statements fact or fiction and then watch the video to see how you did.

1. Social Security will be bankrupt in next 10 years

2. Undocumented workers have ruined this once great robust program.

3. Everyone gets denied Social Security Disability Insurance (SSDI) then some judge pays them a year later

4.Social Security is a Ponzi Scheme.

5. Whatever you pay in to Social Security you get back.

We hope everyone went 5 out of five but if you did not and are thinking about or have filed for Social Security Disability call Betz and Baril at 865-888-8888 and let the winning begin!

What is the Social Security Disability Benefits Nuclear Option?

What is the Social Security Disability nuclear option?

The Social Security Disability nuclear option is when an onset date is amended when you have a judge that you know is going to deny a claim where the onset date sits. There are 5 fact patterns when we want to consider the SSDI nuclear option.

In what circumstances should I use the Social Security Disability nuclear option?

1. Recent drug use and subsequent facility graduation-  

2. Judge is going to deny again but you just turned 55 for a specific grid out-

3. Went to prison while applying and you got out a couple months before your hearing.

4. Working full or part time for an extended period

5 You know judge is going to deny you and the evidence was weak until just recently.

Why would I do this?

It is simple if this is going to make a difference evaluating the claim because the claim has more merit and you know the judge is going to deny your client and a positive outcome on appeal is not likely it is a no brainer and in many instances even if an appeal would be successful it is still better for the Claimant to have their money now because they are in need or terminally ill then this should be done.

Remember these are fact intensive decisions and why you want to hire Betz & Baril  or another law office with experience handling Social Security Disability issues.

What Categories of Representatives are there for a Social Security Disability case?

Can anyone be my representative at my SSDI hearing?

Yes, unfortunately that is the current state of our Social Security Disability Insurance (SSDI) system.   A family member is a category of representatives that can represent a Claimant. Generally the family member has the best intentions when trying o help his son or daughter, mom or dad, aunt or uncle, or brother or sister. However, intentions do not count for anything, what is achieved is what counts. T

 

What are the categories of individuals who can represent me?

1. Friends and family members– Would you let your friend who is a waiter do your foot surgery? No! Then do not have them represent you in your hearing.

2. Case workers– They know a little about a lot. Case workers are great about helping with applications but they are not experts in SSD. They know about welfare programs, housing programs, low income health care. The are generalists.

3. Disability Advocates- Advocates can not reason with a judge the same way an attorney can. Disability Advocates  get paid the same as attorneys.

4. Certified Disability Advocates- Teach a general broad brush how the Social Security process works. This is not a legal individual. They will never take your case past the administrative process because it would be the unauthorized practice of law if this person represented you.

5.  Law School Drop Out-  They function at a high level but lack the cognitive ability of a lawyer.

6.  Law School Graduate that does not Pass the Bar- Only the very top functioning people can pass the bar. It is one of the hardest tests out there. Less than 5% of people are capable of passing the bar. They are better than a drop out because they have more time studying than the above.

7.  Lawyer- State level attorney that has no federal license.

8. Lawyer with Federal License- Registered at the federal level. This lawyer can take your case from A-Z.

9. Certified Social Security Disability Attorney- A higher level thing that says an attorney is specialized in this area and must have at least 5 years experience before taking the exam. 

10. Social Security Disability law school Professor-  These are the top experts in their fields but they either retired early or couldn’t run their own business regardless of there brilliance in a subject matter area.

If you need legal help, call Betz & Baril , we have helped over 20,000 people get benefits the last 10 years. Hire someone who has done these types of cases hundreds of times if you can and you will be better than if you do not.