how long does it take to get the residual back pay after attorney fees on an ssdi case

by Alek Runolfsson 8 min read

within 60 days

How much does an SSDI attorney charge for back pay?

So if you were entitled to $30,000 in back pay, your attorney would end up getting less than 25%. When you hire an SSDI attorney, you will usually sign a fee agreement outlining the exact amount of the fee. The SSA will then review the fee agreement to make sure it follows the rules.

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

That means if you get approved for SSDI within five months of your initial application, you won’t be entitled to any back pay whatsoever. If you get approved for SSDI within nine months of your application, however, that means you’ll get back pay for the four months after the initial five.

How long does it take for Social Security to pay attorney fees?

Remember there is a five (5) month waiting period in which the government keeps your money. 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.

What happens when you hire an SSDI attorney?

When you hire an SSDI attorney, you will usually sign a fee agreement outlining the exact amount of the fee. The SSA will then review the fee agreement to make sure it follows the rules. How much does a disability advocate cost? If playback doesn't begin shortly, try restarting your device.

How long will it take to get my SSDI back pay?

around 60 daysWhen Will I Receive My SSDI Back Pay? It usually takes around 60 days to receive your back pay. Unlike SSI, SSDI back pay is often provided as one lump sum payment. However, it can only be paid by direct deposit, so you will need an active bank account in order to receive these funds.

How long does it take to get backpay?

within 60 daysUsually, 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.

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 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.

How can I get my SSDI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.

Is disability back pay paid in a lump sum?

If you are approved for Social Security Disability Insurance (SSDI) benefits only, back pay benefits are typically paid as a lump sum. Supplemental Security Income (SSI) benefits may be paid as a lump sum or in installments, depending upon how much the SSA owes you.

How is back pay calculated?

How to calculate back pay for an hourly employee: Calculate number of hours worked: Add up the number of hours the employee is owed back pay for. Multiply hours worked by hourly pay rate. Adjust for overtime as needed.

What is the maximum SSI back payment?

SSI amounts for 2022 The monthly maximum Federal amounts for 2022 are $841 for an eligible individual, $1,261 for an eligible individual with an eligible spouse, and $421 for an essential person.

Does SSDI back pay include dependents?

If Social Security approves your claim and gives you back pay, you will receive benefits for every month that passed since you became eligible for SSDI. If you have a spouse or dependent children who are entitled to benefits based on your SSDI claim, they will also receive back pay.

How long does it take to get my SSDI award letter?

between 1-3 monthsWhen the Social Security Administration approves your application to receive Social Security Disability Benefit payments, you will receive a Social Security Benefits Award Letter, which usually arrives between 1-3 months after the decision.

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.

What is the monthly amount for Social Security Disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

How much is the average SSDI benefit for 2020?

The average monthly SSDI benefit awarded in November 2019 was $1,390.60. Monthly SSI benefits for 2020 are set at $783/mo for eligible individuals and $1,175/mo for eligible couples. That’s a lot of benefits on the table. $6,000 or less in attorney fees is a pretty small fraction of that in the long run. And according to Martindale-Nolo, most ...

How much can an SSDI lawyer charge?

For example, if you are entitled to $12,000 in back pay, your attorney will receive no more than $3,000.

What happens if you don't get back pay?

If you don’t get back pay, your attorney doesn’t get paid. If your case involves a lot of extra work, like an appeal, it is possible for your attorney to petition the SSA for a higher fee. This is pretty rare with a standard disability claim, though.

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

For SSI claims, the date can be as early as the month after you filed your application. For SSDI claims, the date can be up to twelve months before the date you filed your application. The SSA will send your back pay in your first disability check. Your back pay will include everything you’re owed from the date your disability began to ...

Do SSDI lawyers get paid?

SSDI lawyers are required by law to work on a contingency basis. This means that they don’t get paid until you get paid. Plus, social security disability lawyers’ fees are capped by federal rules, so your attorney can’t overcharge you. If a social security disability lawyer attempts to charge you hourly instead of on a contingency basis, ...

Can I get my application approved without a hearing?

Having a lawyer makes the biggest difference when you have to go to a hearing. It is possible to have your application approved without a hearing, but most written applications are initially denied. When an application is denied, the next step is to request a hearing before an Administrative Law Judge.

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 to contact Marc Whitehead?

Call us today at 800-562-9830.

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.

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.

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 ...

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.

What is SSDI back pay?

SSDI back pay is an essential aspect of disability benefits designed to make up for the time lost during the approval process. Essentially, it’s meant to make up for the payments you would have received had your application for SSDI been approved immediately.

How long before disability can I apply for EOD?

That means if the EOD of your disability is 14 months prior to your application date, you’ll have to go without compensation for those extra two months.

How long does it take for back pay to show up in your bank account?

Regardless of the speed of your particular case, you can expect to see back pay payments show up in your account no more than 60 days after the date of approval.

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

If you get approved for SSDI within nine months of your application, however, that means you’ll get back pay for the four months after the initial five. After you receive your back pay within 60 days of your application’s approval, you can pursue even more retroactive payments.

Do I have to have a bank account to receive my Social Security check?

For several years now, the Social Security Administration has generally required back pay and SSDI benefits to be deposited online in a bank account. They’re not going to mail you a check or any other form of cash, so you have to have a bank account open before you can start receiving benefits.

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...

What is back payment for SSDI?

Another type of back payment that may be available to individuals who are receiving SSDI benefits are retroactive benefits. Retroactive benefits are paid for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are benefits that you were eligible for ...

How long does it take for SSDI to start?

For those who are receiving SSDI benefits, there are several factors that affect when your payments begin: your disability onset date, your application date, and the five-month waiting mandatory period for SSDI. Onset date. Social Security will use the date you filed a disability application as your " alleged onset date .".

How many back payments do you get if you are approved for SSDI?

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 for SSI, or SSI and SSDI, the rules are different.

How long does it take for Social Security to pay past due benefits?

Social Security generally pays the past-due benefits for SSI or combined SSI/SSDI in three equal installment payments that are separated by six months each .

How long does it take to get back pay for disability?

Back payments are paid for the months between the date you applied for disability benefits and the date you were approved for benefits. Due to the number of people that are applying for disability benefits and the time it takes to process your application, there is usually a long delay between your disability application date and approval date. And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).

When do disability payments begin?

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 you are approved for SSI benefits on January 1 st, you can expect to begin receiving benefits on February 1 st.

How long is the waiting period for SSDI?

And for Social Security Disability Insurance (SSDI) benefits, there is five-month waiting period, so you are only eligible to receive back pay for any delay beyond the waiting period (see "When Payments Will Begin," below, for further information).