Q: My business didn't operate from Jan. thru March: I received no compensation. Can I get retroactive SS?
We worked 3 days in April & I'll get a small K-! distribution. I didn't know that I would sell the business but I did on April 5. I applied for SS on April 11.
A:
The amount of your retroactive benefits depends on the type of Social Security benefit you applied for. Assuming that you applied for Social Security Disability benefits based on your own work record and also assuming that you meet Social Security's definition of disability, then the amount of retroactive benefits depends on the date your disability started and the date of your application for benefits. Generally, you can receive up to 12 months of retroactive Social Security Disability benefits from the date of your application. However, benefits are not payable for the month your disability started and for five full calendar months following the month your disability started. Generally, for 2012, you can not be found disabled by Social Security if you were still working and receiving at least $1,010 of income per month (or $1,690 if you are blind).
If you applied for Supplemental Security Income ("SSI"), then the earliest month you can receive SSI benefits is the month following the month of application. However, to be eligible for SSI, you need to be disabled and you your income and assets must be below certain figures set by Social Security.
If you applied for other Social Security benefits, such as retirement benefits or widow/widower's survivor benefits, then there are different rules for the situation.
You probably should consult with an attorney with experience with Social Security benefits to better evaluate your case.
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