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Social Security Back Pay

Social Security back pay is the back payment of disability benefits to a person who is entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits in the past. Back pay may be weeks or even months of payments that is due to the individual.

Determining the amount of time Social Security will go back to pay the disability applicant will depend on several factors. The date your disability application is filed is important because Social Security allows for retroactive payments for the 12 month period preceding the date of the application of your claim for SSDI benefits and includes only the dates you have not been able to work due to your disability. In other words, you could be entitled to a full twelve months of past disability benefits if you were unable to work at a certain level due to your disability during that entire time frame. If, however, your claim is for SSI only, benefits are not payable before the date you filed your claim.

Your date of onset is the date you were no longer able to work. The standard is when you became unable to perform at a substantial work activity level due to your disability and proving this factor it is often dependent upon medical evidence. Having a knowledgeable disability attorney can be extremely helpful in establishing the earliest and most favorable onset date possible. It is important to note that there is an income limit for disability benefits that is determined by Social Security each year. In order for you to be considered disabled, you cannot earn more than this amount. For the year 2016, the income limit is $1130 per month.

What establishes the month of entitlement for disability benefits and the amount of retroactive disability payments is also considered in determining back pay.

Social Security disability has a waiting period, which is commonly referred to as the "five month waiting period," even though an approved claimant may not be required to wait five months before receiving SSDI benefits. There is no such waiting period for SSI, but the benefits are generally lower than SSDI.

The amounts of Social Security back pay that you may be entitled to can be substantial, especially if you have had to appeal your case. If you believe you are entitled to back pay or if you have any questions about your SSDI or SSI benefits, call on an experienced social security attorney to ensure that your legal rights are protected and that you receive the compensation you deserve. For more than 32 years Murphy & Garner has represented social security claimants in throughout the state of Georgia and East Alabama. For a free consultation, call 866-942-0552 or 678-563-1584.

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