When you are approved for Social Security disability benefits, you may also be entitled to disability back pay for the time the Social Security Administration (SSA) spent processing your claim. Questions about disability back pay are common, especially for people who waited months or even years for a decision. You may be wondering whether you qualify, how much back pay you will receive, how those benefits are paid, and when you can expect payment. To help clarify the process, our Chicago disability attorneys answer the most frequently asked questions we hear from clients about disability back pay.
What Is Disability Back Pay, and How Does It Work?
Disability back pay, also called past-due benefits, is the compensation the SSA owes you for the months you were eligible for disability benefits but had not yet been approved. Back pay is common because Social Security disability claims often take a long time to process, especially when appeals are involved.
In some cases, disability back pay includes retroactive benefits, which cover the period between when you became disabled and when you filed your application. Retroactive benefits are limited to up to 12 months before your application date and apply only to certain types of disability claims.
What Is the Established Onset Date?
The established onset date (EOD) is the date the SSA determines that you first met its medical and legal definition of disability. This date may be weeks or months before you actually applied for benefits. Your EOD is critical because it directly affects how much disability back pay you are eligible to receive.
Disputes over the established onset date are one of the most common issues that reduce back pay awards and are often a reason claimants seek legal help.
What’s the Waiting Period for Receiving Disability Back Pay?
For Social Security Disability Insurance (SSDI) claims, the SSA imposes a mandatory five-month waiting period after your established onset date. You are not eligible to receive benefits during this waiting period.
Back pay begins in the sixth full month after your EOD. For example, if 10 months passed between your established onset date and your approval, you would be eligible for five months of SSDI back pay (10 months minus the five-month waiting period).
To qualify for the full 12 months of retroactive SSDI benefits, your established onset date must be at least 17 full months before your application date.
How Far Back Can You Receive Disability Back Pay?
How far back your disability back pay can go depends on the type of disability benefits for which you’re approved.
SSDI Back Pay
If you qualify for SSDI, you may receive:
- Up to 12 months of retroactive benefits for the period before you applied, if you were already disabled
- Back pay for the time between your application date and approval, minus the five-month waiting period
SSI Back Pay
Supplemental Security Income (SSI) back pay works differently:
- SSI back pay begins only from your application date
- Retroactive benefits for time before you applied are not available
- There is no waiting period for SSI benefits
Once approved, SSI back pay goes back to the date you filed your application.
How Can You Qualify for Disability Back Pay Benefits?
To qualify for disability back pay, you must first qualify for either SSDI or SSI and meet the SSA’s definition of disability.
- SSDI eligibility requires sufficient work history and payment of Social Security taxes.
- SSI eligibility is based on financial need. Applicants must have limited income and resources, generally not exceeding $2,000 for individuals or $3,000 for couples.
In all cases, you must have a medical condition that:
- Is expected to last at least 12 months or result in death, and
- Prevents you from performing your past work or other substantial gainful activity
How Is Back Pay Calculated?
The way disability back pay is calculated depends on whether you receive SSDI or SSI.
SSDI Back Pay Calculation
You’re eligible for up to one year of retroactive back pay for the period between becoming disabled and applying for benefits, plus the full back pay amount for the period from when you submitted your application to when the claim is approved. The back pay amount is usually based on your monthly SSDI benefit, which in turn is based on your earnings history.
SSI Back Pay Calculation
SSI back pay is for the period between when you filed your application and when it was approved. For example, if your monthly SSI payment is $700 and your approval took 10 months, you’d be owed $7,000 in back pay ($700 × 10 months).
When Do You Receive Disability Back Pay?
Most disability beneficiaries receive their back pay within one to two months after approval, although some cases are paid sooner. Delays can occur, particularly in complex cases or when payment calculations need review.
If your back pay has not been issued after several months, it may be necessary to contact the SSA or speak with a disability lawyer about resolving the delay.
How Are Back Pay Benefits Paid?
- SSDI back pay is typically paid in one lump sum.
- SSI back pay may be paid in installments six months apart if the total exceeds three times the maximum monthly SSI payment.
- Some recipients may be eligible for a lump sum under special conditions (e.g., when no longer qualifying for SSI).
When Should You Contact a Lawyer About Disability Back Pay?
You may benefit from speaking with a disability lawyer about your back pay if:
- Your established onset date is disputed or incorrect
- You are unsure whether you qualify for back pay
- Your disability application was denied
- Your back pay amount seems lower than expected
- Your payment is delayed or improperly calculated
An experienced Chicago disability attorney can help protect your rights, ensure accurate onset date determinations, and pursue appeals when necessary to help maximize your disability back pay. Call Ankin Law at 872-529-9377.
