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In almost every case where a claimant is awarded
social security or ssi
benefits based on disability, past due benefits or back
pay will also be received.
The reason for this is plain: social security disability
claims take a very long time to process
and adjudicate. And, unfortunately, most claims
are denied at the initial application level, forcing claimants
to follow an appeal process which is, undeniably, very time-intensive.
The result of such an awkward system is
that nearly every claimant whose case is approved will be
owed past due benefits, or backpay.
How is backpay determined?
The amount of back pay a claimant can receive will always
depend on:
- when a claimant filed for
disability.
- when a claimant's disability
is decided to have begun.
For disability based on SSI, benefits can accrue and be paid
from the date of the SSI application. For Social Security
Disability (i.e. SSD, title II, RSDI), benefits can accrue
and be paid from the date of the application as
well as up to 12
months retroactive to the date of the application
(minus the five month waiting period for social security disability
cases--ssi cases are not not subject to the waiting period).
However, these are simply the maximum
allowable periods. In any case, how far back past
due benefits can be established will, ultimately,
depend on the EOD,
or established onset date.
The established onset date
is set by a DDS disability examiner, or an Administrative
Law Judge, and is considered to be the determined date
for when a claimant's disability actually began (based
on the available medical records).
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