who gets the money first in a ssi backpay settlement state or attorney?

by Fae Crist PhD 9 min read

How does SSI pay back payments?

The SSI awards back payments in installments. You will receive a third of the back pay due to you soon after approval, one six months later, and the final payment after another six months. Note: If the SSA deems you “presumptively disabled,” you can begin receiving benefits before the SSA approves your application.

How long does it take to receive SSI back pay?

When You'll Receive Your Back Pay. You should receive your SSDI or SSI back pay in a separate check or direct deposit one or two months following your approval. You may receive it before or after you receive your first monthly payment.

Why is SSI holding my back pay?

When you receive a "fully favorable decision," your benefits will be paid back to the month after you applied for SSI. Because Social Security decisions can take so long, you may be owed backpayments of benefits for anywhere from three months to fifteen months or more.

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.

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 do I get my SSI back pay from one lump sum?

If you aren't expected to live more than 12 months, or if you become ineligible for SSI after approval, you can receive your backpay in one lump sum. If you think you may be eligible for larger first and second installment payments, or one lump sum, talk to a field representative at the SSA.

How do I get my SSI 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.Mar 11, 2020

How far back does SSDI 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.

How do I find out if my SSI claim is pending?

Call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday, 8:00 a.m. – 7:00 p.m.Apr 8, 2021

How long after I am approved for SSI will I get my first 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.

Contingency Fee Agreement

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you must sign a fee agreement that allows the SSA to...

How Much Is The Attorney's fee?

For Social Security disability lawyers, the fee is limited to 25% of the past-due benefits you are awarded, up to a maximum of $6,000. Note that th...

How Disability Backpay Is Calculated

Once you are approved for benefits, the SSA will calculate the amount of backpay you are owed. For SSDI, your backpay will include retroactive bene...

Finding A Disability Lawyer

Read our article on how to find a good disability lawyer (and how to screen a lawyer before you hire one), or go straight to our local disability a...

How much can a disability attorney charge?

Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

Can a Social Security representative be paid out of past due benefits?

The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.

Does it cost to hire a disability representative?

It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.

Can a representative ask for money in advance?

Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

What is resource based Social Security?

These terms mean that they are based on your current needs or resources, and such resources exceed the limits set by the social security office then your SSI benefits can be terminated.

Is SSI a low cost benefit?

SSI benefits can be critical for many recipients providing low to no cost healthcare at most hospitals in California. Recipients receive low cost healthcare, pharmaceuticals and life saving operations at little to no cost, so it is important for such benefits to remain intact.

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 to do with a settlement from SSI?

A special needs trust will set the funds aside to cover expenses not addressed by SSI and Medicaid, such as legal services and nursing home care while keeping SSI eligibility.

How long does a person have to be on Social Security to get SSDI?

Instead, it is an entitlement available to any qualified person who is disabled and has paid into the Social Security system for at least ten years regardless of current income or assets.

How long does it take to get Medicare for SSDI?

Individuals with SSDI qualify to receive Medicare benefits after two years of SSDI eligibility. Medicare does not provide the comprehensive coverage of Medicaid and the financial payout is often much larger. SSDI depends on the earnings record of the individual, so although the average monthly payment for 2019 is $1,234, ...

What to worry about when you get involved in a personal injury?

When you are involved in a personal injury accident, the last thing you want to worry about is how the settlement you need to pay your medical bills will affect the income you need to pay for daily life. However, it is a very real concern.

Does a settlement on behalf of your spouse affect your SSDI?

Even a large settlement or a settlement on behalf of your partner will not affect SSDI payments. Likewise, your eligibility for Medicare remains unchanged. However, settlements hold the potential to drastically affect SSI payments.

Does a settlement affect Medicare?

Settlements will not affect SSDI payments or your eligibility for Medicare. As stated, you earned SSDI benefits throughout your working life as a sort of insurance against disability. When you became eligible for SSDI, you began to receive back Social Security taxes you paid via income taxes. Even a large settlement or a settlement on behalf ...

Can a child receive SSI?

Typically, recipients are elderly, blind, or severely disabled; children may also receive SSI. SSI is a means-tested program with a set of financial requirements. Most SSI recipients also qualify for Medicaid benefits. Medicaid provides a rather thorough set of healthcare benefits as it is both a state and federal program.

How long do you have to spend your backpay on SSI?

Luckily, the SSI program makes an exception for lumps sums of disability backpay. The rule is actually that you have nine months to spend your retroactive pay. (If you receive more than one lump sum installment, you have nine months to spend the money each time you receive an installment.)

How long do you have to pay back Social Security disability?

Because Social Security decisions can take so long, you may be owed backpayments of benefits for anywhere from three months ...

How many months does Social Security pay?

Social Security will pay you only three months' of SSI at once in your first payment of backpay. If you are owed more retroactive benefits than that, Social Security will usually pay you in two or three installments, six months apart, unless you can prove you need the money for necessities.

Does SSI money count as a resource?

In addition, money put into a Program to Achieve Self-Support (PASS) to help you return to work doesn't count as a resource. And finally, some SSI recipients put money into a trust to maintain SSI and Medicaid eligibility. The trust money would be available for you to spend on living and medical expenses, within limits.

Can I put my backpay into an ABLE account?

Those who were disabled before the age of 26 can put their backpay into an ABLE account, a special type of account created by the Achieving a Better Life Experience Act, a federal law passed in 2014. Money in an ABLE account doesn't count as assets or resources for the purpose of SSI disability benefits or Medicaid.

When will backpay be paid?

The remainder of backpay will be paid in the third installment, regardless of the amount. There are some exceptions to the rule limiting the amount of the first two payments.

How much is the federal backpay for 2021?

In 2021, the maximum federal monthly benefit amount was $794, but your amount may be different if your state pays an SSI supplement. The backpay installments will be made in three payments, at six month intervals. The first two payments can't be more than three times your maximum monthly benefit. The remainder of backpay will be paid in ...

Do you get back pay if you are on SSDI?

You will receive the backpay, and possibly retroactive benefits (payments from your disability onset date to your application date), as one lump-sum payment if you were approved for Social Security disability (SSDI).

Will I get a lump sum payment if I was approved for SSDI?

Whether you'll get a lump sum or installment payments depends on whether you were approved for SSDI or SSI.

What to do if you have a large SSI fund?

There are two ways to handle the situation. For a large sum, a special needs trust should be considered. If it’s a smaller sum, then “spending down” the money to below the SSI resource limit— another way of saying “Go spend it!”—may be the right solution.

How long does it take to spend down SSI?

1) Timing: In order to minimize the loss of SSI and Medicaid, goods and services must be purchased in the same calendar month in which the lump sum is received. See SI 01110.600. Note that the individual does not have a period of a month or 30 days to complete the spend down. If a lump sum is received on the 20th of August for example, the spend down should be completed in 11 days to bring resources below the applicable limit before September 1.

How to avoid being cut off from SSI?

How to Avoid Being Cut Off SSI Benefits When You Get a Sum of Money. Sometimes a supplemental security income (SSI) recipient will become eligible to receive a moderate or large sum of money that could make them ineligible for SSI. This can happen for any number of reasons, but we often see this happening if a person receives an inheritance ...

When do you report spend down on Social Security?

4) Reporting: The spend down must be reported to Social Security by the 10th day of the month following the month in which the lump sum was received. Here are some guidelines to follow in order to properly prepare for the reporting:

When to provide documentation of bank balance?

Have the bank provide documentation of the bank balance on the first day of the next month to verify the spend down was successfully completed.

Who must be on the title to a vehicle purchased with a lump sum?

The claimant must be on the title to any real property or vehicle purchased with the lump sum. The claimant must be the loss payee for any auto or homeowners insurance purchased with the lump sum. Make copies of current bank statements from all accounts, as well as a printout on the last day of the month showing the balance as of that day.

Can I buy a home with SSI?

Buying a home or paying off a mortgage, if the SSI recipient is on the title or has a lifetime agreement to be a tenant of the home. Additionally, home repairs, maintenance, remodeling or adding accessibility features could all be approved expenses.

Why are PI settlements different from SSI?

The reason PI settlements affect the two SSA programs differently is that each program has very different eligibility requirements to fit different purposes. SSDI is an “earned benefit” program, while SSI is a “needs-based” program for people whose assets and income fall within a certain poverty range.

How does PI settlement affect SSDI?

The reason PI settlements affect the two SSA programs differently is that each program has very different eligibility requirements to fit different purposes. SSDI is an “earned benefit” program, while SSI is a “needs-based” program for people whose assets and income fall within a certain poverty range. This also means each benefit is paid from different federal coffers.

What is disability lawyer?

Our disability lawyers understand both sides of these issues and the laws that govern them. We have designed our practice specifically to empower and support disabled individuals and can analyze all legal options for your unique situation. Our representation ensures that your eligibility for benefits remains protected and maximum benefits are preserved throughout the life of your disability claim.

What does it mean if you are not working and you are on disability?

Therefore, any PI settlement would be less than if you were working. The settlement would not include compensation for lost wages and lost future earning capacity. This often results in a significantly lower personal injury settlement or award.

Can I qualify for SSDI after a personal injury?

You may quality for SSDI benefits after a personal injury event if you meet Social Security’s definition of “disability” as follows:

Does SSDI affect Medicare?

Hence, if you are receiving SSDI benefits, a settlement in a personal injury case will in no way affect your SSDI. Disability benefits would continue until you return to work, or SSA finds you are no longer disabled, or you reach retirement age.Likewise, because Medicare benefits are based on work history, and not income or assets, your Medicare benefits should not change.

Where does SSI money come from?

SSI is funded from a different federal money source than SSDI. These funds are from general tax revenues, like personal income and corporate taxes.