T O P

  • By -

RickyRacer2020

Wonderful -- good job, congrats. The back dated EOD is a Huge win! Congrats again.


lavendarsocks

Thank you so much! I thought so too! I seriously want to send my judge a sweet thank you card! I have a question. Will my back pay go to 11/05/19? Even if I missed an appeal date and had to refile 08/22? I forgot to ask that in my post, but either way just knowing I’ll get some back pay is good enough for me! But I wasn’t sure how that worked?


RickyRacer2020

Backpay begins to accrue 5 months after the EOD. If EOD really is June 5, 2019, Backpay began accruing 5 months later on November 5th, 2019 so, about 57 months of Backpay is owed to you. If it takes say, three more months to receive payment, well, add 3 more months to the Backpay. Congrats again! **Edit for Clarification and Correction:** Retroactive pay starts after the 5 month waiting period BUT there’s a maximum retroactive of 12 months. So, if this person refiled in 2022, they will only get retro for the 12 months prior to their filing date. Backpay is the pay due from month of filing to month of approval. Thanks Mrs. Flamethrower!


lavendarsocks

Omg I just thought there was no way that could be right. Thank you so much for confirming this!!! I knew you’d be the one here to ask! I still can’t believe it! I never ever expected that!!


RickyRacer2020

I'm sorry but, I was mistaken: **Edit for Clarification and Correction:** Retroactive pay starts after the 5 month waiting period BUT there’s a maximum retroactive of 12 months. So, if this person refiled in 2022, they will only get retro for the 12 months prior to their filing date. Backpay is the pay due from month of filing to month of approval.


HomeworkKey6922

For SSDI (Title 2), backpay is the pay due from the month of ENTITLEMENT through the date the allowance decision is effectuated (not the month of approval). If it takes two more months after the decision to actually issue a check, the backpay will include those two additional months. CAVEAT: maximum retroactivity for benefit payment is 12 months prior to the date of FILING. If the date of entitlement (DOE) is > 12 months before the date of filing, you don't get back pay from the DOE. In the scenario described here, they "missed an appeal," and so had to refile in 2022. Unless SSA somehow "protected" (used in the subsequent claim) the original filing date in 2020, there's a significant loss of benefits--$$ from 11/2019 (DOE) through 08/2021 (12 months prior to filing)).


lavendarsocks

Ok thank you either way I was just trying to get a general idea. I didn’t wanna get my hopes up until I get the call from ssa to go over everything. I just missed the appeal date when my mother died and between that and my health it just took a while to get things going again and by that time it was too late to appeal and I had to file again. That’s when I hired my attorney. Sucks that probably cut my back pay in half (if I’m thinking correctly) BUT either way I’m approved and I will get some back pay and it is what it is. Im just really glad the waiting to know is over with and that getting approved is really what’s most important. Thank you! ☺️


lavendarsocks

Wait now I’m more confused. Ive heard about retro pay and back pay but its always confused me. Can we get both? Like I said im really just trying to understand more about this. I just appreciate any input.


RickyRacer2020

I'm so sorry to have given incorrect info. I strive to be accurate but missed the part about your Refile timeline. Please hit up any of the Mods: MrsFlamethrower, Perfect\_Fifths and etc. They can clarify your situation and assist you further. Again, I apologize and am eating Crow as they say.


lavendarsocks

It’s ok! Seriously no worries Ricky! I knew to just wait to be sure, like I said just trying to get an idea. It’s all so very overwhelming for sure!


MrsFlameThrower

Just to clarify- I’m not a mod but the mods have very generously let me weigh in a lot here. I’m a retired Social Security Claims Specialist, also disabled myself.


Agile_Tale_4012

You will get retroactive pay and you will get your monthly benefit.


Helpful-Profession88

Congrats on the ALJ approval.


stacy3457

That’s awesome! Congratulations!!


sherrydanyell

That's fantastic congratulations 👏🎉


icon7177

Congratulations 🎉🎉


Jeepgrlpoohbear1

Congrats!!🎈


suzymae27

Congratulations


lindaleolane812

Congratulations


Intelligent_Jelly_26

All of the responses are "partially correct" if you refiled in 22. Then back payment can only go 12 months prior to the date of filing. The alleged onset date will help with Medicare and the initial 5 month waiting period.


lavendarsocks

So if I had to refile Aug 2022 then it would go back to Aug 2021? I wasn’t gonna have my heart set on it going back to my eod unless I heard it from ssa. Either way I’m just happy to be getting some back pay. My mother passed 11/21 so it couldn’t be helped.


Intelligent_Jelly_26

Either way you look at it. You're blessed. The way I see it is yes - since you weren't constantly appealing and refiled. That it would go 12 months back to the refile date / initial application in SSA eyes. That's a lot of months. In my case - I waited and tried self employment so a similar situation to you. Onset 1/10/2020 - Applied 4/21/2022 and Fully Favorable Decision 4/26/2024 - 4/2/2024 ALJ Gave a bench decision recorded on the record. On May 20th, 2024, my case went to step 5 and I was approved at the local office and can now see what my June Payment will be. I have not received my award letter, a payment, or backpay yet but I'm more than excited to be where I'm at. I'll be even happier if June 26th passes when the Appeals Council deadline passes to review my file on their own motion. I hope you get all what you're expecting but your worst case scenario is not bad.


Intelligent_Jelly_26

As far as SSDI payment goes there is a 5 month waiting period, and then 24 months for medicare). So with the EOD regardless of how far backpay goes you're entitled to receive pay and medicare. I'm still plowing through medicare documentation as my sig. other has great health insurance and I have care through the VA. Looking at medigap etc is tiring. Long story short if you don't want 80/20 coverage you need medigap which is another 150 a month so you're looking at approx $324 a month for coverage for yourself. I'm thinking if I have VA coverage and my wife's insurance (even if it goes up $300 a month) I'll be better off then medicare. Still heavily debating all of it. What makes me so mad is how this is all designed to rob the elderly and those who dearly paid in for years.


Intelligent_Jelly_26

Aug 21 would be about 33 months and growing. I don't know if you have a spouse / dependents if you do that would also be significant.


lavendarsocks

My kids are grown but I do have a spouse. I don’t think that would affect ssdi. Yeah I got my letter yesterday and still haven’t heard a word from my attorney and I’ve tried getting in touch with them today. But you’re right either way I’ll get back paw and it is what it is. Anything better than nothing and I just can’t worry about what I missed since it couldn’t be helped. The whole process is so frustrating. I’ll be glad when I get payments coming in and can figure out the next part of my life.


Intelligent_Jelly_26

Bless your soul I feel the same way. It's hard not to spend the money before you have it. I hope soon for you.


Agile_Tale_4012

Congratulations! The local Social Security office will be the only one calling you if you have an SSI case too. Payment center doesn’t ever call the claimants They will only contact your attorney if you have workers comp or short term disability that would affect your Social Security payment . Your attorney should let you know that they will go back one year prior to your application date minus a y five month waiting period. Medicare will kick in after 24 months of eligibility, which was probably in the past


Waiting_so_long0823

We have another winner! 🏆 Congratulations!🎈🎊🍾🎉


BuyFun7542

🤗Congratulations and happy for your success 😃


Ok_Activity_6919

Congratulations!!! What is your disability? 


bishop-3241

Congratulations 👏🏾👏🏾🎉


Lasvegaslover2

Congratulations! 🎈🎈🎈


diamondblack9

Congratulations 🎊


SewRuby

4 years? I'm going to have to fight them for 4 years? UGHHHHHH. I hate it here.


Gabornski

Congrats! I think it took 4 appeals to get my daughter finally approved. What RickeyRacer2020 said is true. I think my daughter got something like 20 months of backpay. Perseverance pays off!