When you’re eventually approved for disability benefits, you may also receive back pay to offset the time the Social Security Administration (SSA) took to finalize its decision. There are many factors involved that can affect your disability back pay, including your eligibility, how much you’ll get, how the back pay gets paid out, and when you might receive it.
Call Ankin Law at 872-529-9377 for a free case review and advice on your disability claim and the full back pay amount you’re entitled to in Chicago.
What Is Disability Back Pay, and How Does It Work?
Back pay is common in disability claims due to how long the claims process can take, with the SSA having processing backlogs and the appeals process extending the timeline by several months or years. Disability back pay, also referred to as past-due benefits, is the compensation individuals are owed for the period when they were qualified for disability benefits but hadn’t yet been approved to receive them.
Retroactive benefits are a form of back pay that you may be owed for the months between when you became disabled and when you applied for benefits. Retroactive benefits can only cover up to 12 months before your application date.
What Is the Established Onset Date?
The established onset date (EOD) is the date when you first met all the SSA’s requirements for disability. It could be weeks or months before you applied for benefits. Your EOD can affect the amount of back pay you receive.
What’s the Waiting Period for Receiving Disability Back Pay?
After your onset date is established, there’s a mandatory 5-month waiting period during which you’re not eligible for benefits. You only become eligible for back pay in the sixth month after your EOD. For example, if the total months from your established onset date to when your claim was approved were 10 months, you’d be eligible for five months of back pay (10 months minus the 5-month waiting period). For you to be entitled to the full 12 months of retroactive benefits, your established onset date would have to be at least 17 full months before your date of application.
The mandatory waiting period applies to Social Security Disability Insurance (SSDI) claims.
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. For SSDI, you’re eligible for retroactive benefits if you were disabled before your application date. As a result, you can receive back pay for up to 12 months leading up to your official application date.
Supplemental Security Income (SSI), on the other hand, is tied to your application date rather than your established onset date. Retroactive benefits for the period you were disabled prior to your application date aren’t available for SSI disability benefits. There’s also no waiting period. When your SSI disability claim is approved, the back pay you’re eligible to receive will go back to the date of application of your claim.
How Can You Qualify for Disability Back Pay Benefits?
Back pay eligibility typically applies to people who qualify for SSDI or SSI programs. Therefore, you must meet the eligibility requirements of the specific disability program. To qualify for SSDI, you must have worked for a sufficient period and paid Social Security taxes. SSI benefits are meant for disabled applicants with limited income and assets or resources. To receive SSI, the total value of countable resources shouldn’t exceed $2,000 for an individual and $3,000 for couples.
Additionally, you must meet the SSA’s definition of disability to qualify for these disability programs. The agency considers you disabled if your medical condition is expected to last at least a year or result in death, and you’re unable to do your past work or similar work due to your condition.
How Is Back Pay Calculated?
To understand how back pay is calculated, it’s good to have an idea of how disability payments are calculated. Back pay for SSDI is calculated differently than for an SSI claim.
SSDI Back Pay Calculation
You’re eligible for up to one year of back pay for the period between you becoming disabled and applying for benefits. You’re also entitled to the full back pay amount for the period from when you submitted your application to when you were approved for benefits. Your back pay will be worth the same as your monthly SSDI amount, which is based on your earnings history.
Suppose you became disabled and unable to work on March 1, 2022. You applied for SSDI benefits on March 1, 2024, and got your approval on February 1, 2025. You’d be eligible for 19 months of retroactive back pay (24 months between March 1, 2022, and March 1, 2024, minus the 5-month waiting period). However, you can only receive retroactive benefits for 12 months. Therefore, you’d only receive 12 months of back pay for the period before your application. You’d also receive back pay for the 11-month period between March 1, 2024, and February 1, 2025. The total amount of back pay would cover 23 months.
Let’s say Social Security determines the monthly SSDI benefit you’re entitled to according to your earnings history is $1,600. Your total SSDI back pay due would be $36,800 (23 months x $1,600). However, this is just a simplified example of SSDI back pay calculation. Reaching the 12-month limit for retroactive back pay is uncommon. Actual calculations for your SSDI back pay could be more complicated, depending on your individual circumstances.
SSI Back Pay Calculation
The SSI back pay you’ll receive is for the period between when you filed your application and when it was approved. For example, let’s say your disability established onset date is April 1, 2024, your application date is June 1, 2024, and your date of approval for benefits is April 1, 2025. If your monthly SSI payment is $700, the total SSI back pay you’re owed would be $7,000 ($700 x the 10 months between the application and approval dates).
When Do You Receive Disability Back Pay?
“When do SSDI benefits begin, and how long do they continue?” is one of the most frequently asked questions. Therefore, it comes as no surprise that with regard to back pay, many claimants ask about how long it takes to receive their back payment of benefits. Most disability beneficiaries receive their back pay one or two months after they’re approved for benefits. Some claimants receive their back pay within days. Delays could also happen. Claimants who don’t receive their back pay several months after approval may need to contact the SSA or Social Security disability lawyers.
How Are Back Pay Benefits Paid?
You could get your back pay in installments or a single lump sum. For back payments accumulated under the SSDI program, Social Security typically sends one lump sum payment. Social Security pays SSI back pay benefits in three installments six months apart if your back pay exceeds three times the maximum SSI monthly payment ($967 in 2025). Social Security also generally pays back pay in three installments for beneficiaries receiving both SSDI and SSI. If you require additional funds sooner, for example, for debts or necessities, you may be eligible for higher first and second installment payments.
You could be eligible for a lump-sum payment if you no longer qualify for SSI monthly benefits at the time you receive your back pay and are expected to remain ineligible for the next 12 months. SSI recipients can also be eligible for a lump-sum back payment if they’re expected to die within the next 12 months.
When Should You Contact a Lawyer About Your Disability Back Pay Claim in Chicago?
In your pursuit of disability back pay benefits in Chicago, several issues could arise that make it necessary to seek legal guidance.
Dispute Over the Established Onset Date
The SSA will likely assume your application date to be your disability onset date. Sometimes, the agency may change the onset date to a more recent one, meaning you’ll receive less back pay. Establishing an earlier disability onset date can be challenging. It’s best to contact a Social Security disability lawyer if the SSA disagrees with your disability onset date, you were disabled for some time before the application date, or you’re struggling to prove your onset date.
So, how can an attorney help with obtaining SSDI back pay? A disability attorney will help you evaluate the EOD that the SSA selected and understand which months you’re owed benefits. Your attorney can help you challenge the EOD and gather the necessary evidence to prove how far back you became disabled and eligible for back pay.
Uncertainty Regarding Your Eligibility
When filing a disability claim, it’s important to know the full extent of benefits you’re entitled to, including back pay. If you’re unsure of your eligibility for retroactive or back payments, contact a disability benefits lawyer to schedule a consultation. A lawyer will evaluate your case, help you establish your options regarding retroactive benefits and back pay, and provide any legal support needed.
Challenges With Your Disability Application
To receive back pay, you’ll first need to win your disability case. If you want to file an initial application or are facing challenges with the process, a disability attorney can help you through the process. Working with an attorney is the best way to ensure you apply for disability benefits properly and position yourself to obtain the maximum back pay benefits possible.
A Social Security disability attorney will help you fill out and file your application, submit the required documents on time, and avoid the common mistakes applicants make that hurt their claims. Establishing the earliest possible disability onset date is a significant part of what disability attorneys focus on when handling cases. Your attorney will properly document your onset date to help ensure you’re awarded all the back pay to which you’re entitled.
Your Initial Application Is Denied
The steps you take after having your initial application for disability benefits denied are crucial in determining the amount of disability back pay you may receive. The earlier your application date is, the higher the amount of back pay you’ll get when you’re approved for benefits. Reapplying for disability benefits rather than appealing a denial restarts the disability process, which could lead to your losing months of disability back pay. Therefore, it’s usually better to appeal a denial.
If you have issues with back pay or any other matter related to disability benefits, the Chicago SSDI and SSI lawyers at Ankin Law are available to help. Our compassionate and dedicated lawyers work diligently with our clients to help them navigate the disability claims process and secure the maximum amount of disability benefits available to them. Contact us today to schedule a free consultation and case evaluation.
