Marken Law Group, PS, has helped hundreds obtain Social Security disability benefits. We do not charge a fee unless you obtain the benefits you deserve. The following has to do with what is commonly referred to as “back-pay” pertaining to Social Security disability benefits.
Social Security claims take a LONG time. They can at least, especially if you are denied at initial and reconsideration levels and are approved at the hearing level. This could be a two-year wait time from application to approval from a judge!
If you applied today, September 5, 2018 and put TODAY as your onset date, then if you had a hearing in two years (for sake of argument) and were found disabled at said hearing, you would be “entitled” to two-years back pay. If a judge or disability services representative finds you disabled from an earlier date, you would be entitled to back-pay. Often most wait an excruciatingly long time, resources are scarce, so the idea of a large back-pay award is enticing.
The reality is unfortunately typically discouraging and does not result in a windfall. First, the lawyers fee. 25% of your back pay. Second, any state welfare benefit paid out such as in Washington the Aged, Blind, Disabled (ABD) monthly cash benefit of $197 per month. Washington, and any state when offered the money, will automatically receive that amount back. Third; owe back child support, alimony, judgement against you? It will all be taken out of your back pay. Fourth; did you obtain only SSI benefits? If yes, then the amount will likely be further reduced depending on various financial situations. Finally; waiting period of up to six months. In other words if you were found disabled two-years ago after recently filing your claim, there will likely only be 18 months of back-pay eligible. The above is a very generic, does-not-apply-in-all-situations-summary. However it is important to lower your expectations when it comes to back-pay. Most believe it will be a windfall of profit and in reality, it often results in a few thousand dollars if any if the above factors are applicable.
Back-pay may not come all at once, as the Social Security administration favors breaking up back-pay in smaller amounts over a period of time. Is their a payee order for your benefits? Then you really have no control over your money.
Marken Law Group, PS, has helped many obtain disability benefits through the Social Security Administration. Call today for a free consultation. No Benefits, No Fee!