GETTING SOCIAL SECURITY "BACK PAY"

"Back pay" accumulates while you wait on Social Security to approve your claim.  Here's what's important:

1.  You must prove that you are disabled according to Social Security's rules.  They have their own rules about disability, and it's these rules that you must use to prove your case.

2.  Back pay depends on your "onset date," that is, the date your disability commenced.  In most cases, benefits can be paid back to your onset date.  Incidentally, the onset date can be earlier than the application date. The earlier the onset date, the more back pay you can receive.

Social Security may argue that you are not disabled.  They may also argue that you did not become disabled when you claim you did.  It is necessary to use medical evidence to prove both all aspects of your case, including your eligibility for back payments.

Let me use an example. If you allege that you first became disabled on March 1, 2013 (your "alleged onset date"), you must have objective medical evidence to show a severe disabling impairment that was present on or before that date.  Objective medical evidence includes laboratory tests, X-rays, MRIs, CT Scans, or other procedures.  This is what Social Security will look for when establishing your onset date.  It is useless to go into a hearing and argue an earlier onset date without this objective medical evidence. 

A careful review of your medical records will help determine your disability onset date and that, in turn, will help you get maximum back payments.

Comments

Post a Comment

Popular posts from this blog

YOU EARN SSDI BENEFITS - THEY ARE NOT WELFARE.

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it. Here's why the Social Security disability program is not welfare: 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned. 2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice. 3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become disabled, money comes out of the trust fund to pay you
Read more

DISABILITY FOR INFLAMMATORY BOWEL DISEASE

There are a number of inflammatory bowel diseases which can so interrupt the workday as to make an individual disabled.These would include Crohn’s disease, ulcerative colitis, schistosomiasis and amebic colitis, among others.  Such illnesses are evaluated in Section 5.00 of Social Security's Blue Book. These illnesses may preclude the ability to perform any full-time work because of regular symptoms, including: need to take frequent unscheduled restroom breaks unscheduled time away from work station to use the restroom need for a work station near an always-open restroom gastric pain that interferes with attention and concentration excessive missed days from work due to symptoms medication side effects Judges are usually going to want to see treatment using various medication and to see that the treatment does not eliminate your symptoms. When possible, I also try to get statements from former employers or co-workers about how the symptoms caused problems
Read more

VETERANS MAY GET WRONG INFORMATION ABOUT DISABILITY BENEFITS

Unfortunately, disabled veterans sometimes get wrong information, even from Social Security. Sometimes, we have known of disabled veterans being told, in effect, that they cannot apply for disability benefits because they are still receiving military pay, or "still working."  However, the Wounded Warrior program permits disabled vets to apply for disability when they are receiving active duty pay if they are on medical leave, performing restricted duties or under therapy in a military treatment facility. Social Security's website states the following: Active duty status and receipt of military pay does not, in itself, necessarily prevent payment of Social Security disability benefits.  Receipt of military payments should never stop you from applying for disability benefits from Social Security. If you are receiving treatment at a military medical facility and working in a designated therapy program, or on limited duty, the government will evaluate your
Read more