Bullhead City, AZ asked in Social Security for Arizona

Q: I received fully favorable decision on my SSDI 6/19The judge agreed that I became disabled April15, 2016. I didn’t apply

For SSDI until Jan 3

2017. How far is my back pay? Are the rules correct that I can be paid only up to 12 months less the 5 month waiting period??

Related Topics:
1 Lawyer Answer
Don Antonio Fendon
Don Antonio Fendon
  • Social Security Disability Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The claimant applying for Social Security Title II disability benefits can receive retroactive benefits for up to 12 months from the date of filing for disability. Since the claimant was found to be disabled on April 15, 2016, and he/she did not file until January 3, 2017, the Administration can pay retroactive benefits starting April 15, 2016 minus a five month waiting period from and after April 15, 2016 which was the onset date of the disability. However, since September 15th is at the end of five months the Administration would not start paying until October 1st. ( This example, is right on the cusp). If the fifth month ended before September 15th the Administration probably would begin paying on September 1st, 2016. If it ended after September 15th then the administration would not start paying until October 1st using the example number of September 15th. For Medicare benefits the Administration would begin paying as of April 15th, 2018. Medicare always starts exactly two years from the onset date of the disability. Hence, in the case at bar, since the onset date of the party's disability began on April 15, 2016, Medicare would start as of April 15, 2018.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.