how long after your attorney is paid do you get your back pay for social security disability

How long does Social Security disability take to pay back pay?

But note that, for Social Security Disability Insurance (SSDI) benefits, Social Security has a five-month waiting period, so you're only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

How can a disability attorney help me get back pay?

One critical way a disability attorney can help is to fight for an accurate onset date, so you receive the full amount of back pay you deserve. The onset date is also very important because of the potential five-month waiting period the SSA may impose after the onset date before you are eligible for benefits.

How much does social security hold back for attorney fees?

Social Security will in most cases hold back 25% of the back benefits, but pay no more than the maximum of $6K to your attorney. The retroactive benefits can only be paid one year before the date of application. Remember there is a five (5) month waiting period in which the government keeps your money.

What is the waiting period for Social Security to pay attorney fees?

Depending on the date of onset, the waiting period can lie before the 12 month... The attorney will get a check from social security for the attys fees portion and they will likely send you a check separately. In my experience many times the monthly checks will start before the back pay lumps sum comes in for my client.

How long does it take to get SSDI retroactive pay?

Once your SSDI application is approved, your retroactive pay will be calculated along with your back pay, and a lump sum for both will be issued sometime thereafter. However, the processing times vary. On average, most people wait 1-2 months before receiving their lump sum back payment.

How long after I receive my award letter will I get my money?

Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.

Can I track my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

How far back does SSDI pay back pay?

Usually applicants will receive their first installment of SSDI back pay 60 days after being approved for disability. After being approved, if you were disabled long before you even applied for disability, you may be eligible to receive retroactive SSDI payments for up to one year.

Will I get my SSDI back pay before my award letter?

The actual amount varies from case to case. Once your claim has been approved, you will be sent an award letter as notification. Besides telling you how much you'll be receiving each month in benefits, it will also tell you the amount of back pay you are owed and when you can expect to receive it.

What happens after a fully favorable disability decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

How long does it take to get your first SSDI check?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

Is disability back pay paid in a lump sum?

Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved. If a lawyer or other professional advocate represented you in your disability case, the SSA will pay their fee out of your back pay.

How long does it take to get Social Security disability Once approved?

Unfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

Why is my disability back pay taking so long?

The Social Security Administration has a huge backlog of cases to consider. Three to six months is the average time it takes for the SSA to come to an initial decision on a claim. If the claim is rejected, it may take several more months or even years for the applicant to make their way through the appeals process.

When Disability Payments Begin

For those who are receiving SSI benefits, payments will generally begin the first full month after you are approved for benefits. For example, if y...

Examples of Back Payment Calculations

By using the date your entitlement to payments should begin (discussed in the above section), you should be able to calculate the amount of your ba...

How Are Back Payments Made

If you are approved for SSDI only, you'll most likely receive one lump-sum payment for the entire amount of your backpayments.If you are approved f...

How long does it take to get back pay on SSDI?

If it took eight months for your claim to be approved , you can expect to receive back pay for those six months.

How important is the onset date for disability?

The onset date is also very important because of the potential five-month waiting period the SSA may impose after the onset date before you are eligible for benefits.

How far back can you pay SSDI?

SSDI benefits can build up either from the initial date of your application, or as far back as 12 months before the date of your application, minus a five-month waiting period.

What is back pay in Social Security?

The Social Security Administration, or SSA, issues payments to claimants after they’ve successfully filed , known as “back pay. It is also referred to as the more official-sounding “retro benefits” or “past due benefits. The amount you get depends upon the type of benefits, when the benefits began, and when you filed the claim.

How long is the waiting period for Title II?

If a claimant were eligible for Title II benefits, the pack pay would have a five month waiting period, beginning from the “onset date,” or the date their disability began. These benefits are also known as DIB, or Disability Insurance Benefits.

Does the SSA give back pay?

Even if you’ve been living on a shoestring budget for several months since becoming disabled, the SSA won’t always grant your back pay immediately after your case is approved.

Can I get SSDI back pay all at once?

Unlike SSI, which is paid in installments, SSDI back pay can be paid all at once in a lump sum. An important consideration is the amount you can get under SSI is based on your income. If you are eligible for both SSI and SSDI, your lump sum back payment under SSDI will be counted as income for SSI purposes, and could cause it to be reduced.

How long can you wait to receive SSA benefits?

Limits on Retroactive Payments. The SSA will not pay you for more than 12 months of retroactive benefits. Since there is also the five-month waiting period, figuring out your retroactive benefits can be confusing. Using some examples may help clarify.

How long do you have to wait to file for SSDI?

First, if you are eligible for SSDI benefits as the child of a disabled person, you do not have the five month waiting period. Second, if your benefits start and the stop again, you don't have the five-month waiting period.

How does backpay work?

Here's how backpay works. Social Security Disability Insurance (SSDI) pays monthly benefits to you if you are disabled and unable to work. If you are approved for SSDI, you may be able to get past, or retroactive, benefits from before you applied for SSDI.

What happens if you apply for EOD before SSDI?

On the date that the SSA determines all of the following are true, that date will become your EOD: your medical condition prevents you from doing other types of work.

What is the onset date of SSDI?

Your "onset date" is when your disability began; that is, when your impairment prevented you from working . The date that the SSA determines to be your onset date is your "established onset date," or EOD. If your EOD is before you applied for SSDI, or before you were approved for benefits, you should be able to obtain past benefits, or backpay.

How long does it take to get Social Security benefits?

Once this is done, the claimant can expect payment within 30-45 days. The attorney representative, on the other hand, waits longer to receive attorney’s fees which currently are 25% of back due...

How long does it take to get back my unemployment benefits?

Back due benefits, except for any fee due attorneys, goes directly to the client. This can be as short as 10 to 14 days; normal is 30 to 60 days. If there are other issues (like workers' compensation offset, or SSDI and SSI offset) then it can take longer than 60 days...

How long does it take to get back SSDI benefits?

The date of onset can be up to 12 months before you filed your claim.

How long does it take to get back pay?

Most applicants receive their back pay within 60 days of having their claim approved. You could receive your back pay quite a bit sooner (some claimants have had their back payments deposited within days of approval), but could potentially experience delays as well.

How long does it take to get a Social Security claim?

The Social Security Administration has a huge backlog of cases to consider. Three to six months is the average time it takes for the SSA to come to an initial decision on a claim. If the claim is rejected, it may take several more months or even years for the applicant to make their way through the appeals process.

Do I need a bank account to receive my back pay?

Before you can receive your back pay, you’ll need a bank account. Since 2011, the Social Security Administration required all recipients of SSDI benefits to receive their monthly disability payments via direct deposit into their bank accounts.

Can you get Social Security Disability if you are injured?

For a lot of people who become too injured or ill to continue working, their Social Security Disability benefits can’t be paid out too soon. However, before they can receive benefits, their claim must be investigated and approved. The Social Security Administration has a huge backlog of cases to consider. Three to six months is the average time it ...

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

What does a disability attorney charge for?

Disability attorneys often incur up-front costs in pursuing a disability case, mostly from obtaining medical records and getting opinions from treating doctors. Your lawyer may also charge you for the cost of postage, travel, copying, and long-distance phone calls. Your attorney will ask you to sign an expense agreement when you hire him or her.

What are some examples of disability hearings?

Here are some examples: You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.

Can a disability lawyer charge a fee?

A disability lawyer can petition to charge you a reasonable extra fee if you have to appeal your case multiple times before you win . Sometimes a disability case will require multiple hearings, an appeal to the Appeals Council, or even a trip to federal district court. These sorts of cases can drag on for many years and require a lot ...

Can Social Security approve a petition?

Social Security will approve the petition only if the fees requested by the attorney are reasonable. Social Security's decision as to whether the requested fee amount is justified will take into account the nature and amount of work performed by the attorney, the complexity of the case, the attorney's knowledge and experience, ...

Can a lawyer charge a fee for Social Security?

Under the contingency fee arrangement required by Social Security, your attorney may not charge a fee unless your case is successful. In order to collect fees from a client, an attorney is required to submit a fee agreement to Social Security. The fee agreement spells out the terms of the contingency fee and must be signed by both attorney ...

Can a disability lawyer file a fee petition?

According to the two-tier agreement, a disability lawyer may choose to submit a fee petition to the court instead of accepting the standard contingency fee.

Whether you've been approved for SSDI or SSI benefits, you'll usually receive your retroactive pay within a couple months

Whether you've been approved for SSDI or SSI benefits, you'll usually receive your retroactive pay within a couple months.

When You'll Receive Retroactive SSDI Benefits

Usually, a claimant will receive their SSDI backpay within 60 days of being approved. But it doesn't always work out that way. Sometimes the backpay comes very quickly. In fact, backpay is sometimes deposited to a bank account before an award notice is even sent.

Retroactive SSI Benefits Processing Time

Past due benefits for SSI are processed at the local Social Security office. But SSI payments can get held up while Social Security requests your updated income and asset information to determine whether you're still eligible for the program.