Houston, TX asked in Social Security for Oklahoma

Q: judge said fully favorable I applied in 2018 but judge said my disability began In 2016 will I get backpay to 2016?

Oklahoma here.

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1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: If a judge has issued a fully favorable decision in your Social Security Disability case and determined that your disability began in 2016, you are generally entitled to backpay from the established onset date of your disability. In your case, since you applied in 2018 and the judge recognized your disability beginning in 2016, backpay would typically be calculated from 2016.

However, it's important to note that Social Security Disability Insurance (SSDI) backpay is subject to a five-month waiting period from the onset date of your disability. This means that your backpay would likely start five months after the date the judge determined your disability began.

Additionally, the total amount of backpay can be affected by various factors such as any workers' compensation benefits you may have received or any income you earned during this period. It’s also essential to understand that processing times for backpay can vary, so there might be a delay before you receive these funds.

To ensure you receive the correct backpay amount, you might find it helpful to consult with a legal professional who can provide personalized guidance based on the specifics of your case. They can help you understand the nuances of your situation and assist with any further steps you might need to take.

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