Is there a limit on the amount?

[fallenangell]

Is there a limit on the amount of backpay that you can get from disability (not SSI)...like a cap on the amount they will give you?

If anybody knows, I would appreciate the answer.

Thanks,

Angell

[cindybear]

no
You get what they owe you after they pay back all you owe people...Whatever is left..you get...All I owe is my lawyer...I didn't get anything else ..So he is all that will be paid...Some people will have to pay SSI. Warefare, workman comp. food stamps etc....

[ange11]

There is a limit on the number of months for which you can receive back pay. Back pay can not be paid for more than 12 months prior to your date of application, provided you were found disabled a full 17 months or more prior to application (5 month waiting period). So if you were found to be disabled as of Oct 2000, but did not apply until Oct 2003, you would receive benefits starting from Oct 2002.

[gah]

There also is a difference in the back pay with SSI and SSDI. If you will receive SSDI it goes back to the date of application no matter how far back. I do not know the particulars and someone else should speak to this but if you are only going to receive SSI the back pay rules are different. You must remember SSI is really a Federal Welfare Program so they do not want anyone to have lots of $$., different than SSDI.

[fallenangell]

When I went in to the SSA office this week to sign some papers to get the ball rolling on my benefits, they told me that I would be making way too much income in SSDI to qualify for SSI, so I dropped the SSI claim to speed things up. That's what they suggested since they already know that I will not qualify for the SSI, and that by dropping the SSI claim, it will speed things up for the SSDI benefits by at least a month.

The judge I had gave me a disability date of 8 months before the date I applied, so basically I will not have a 5 month waiting period after the date of application..my benefits will start 2 months before I filled out the application. So will the dependent benefits I will be receiving for my daughter.

They said to expect to recieve both the backpay and my first check within 30-45 days now that they only have to process the SSDI and no SSI claim. The only person that has to be paid out of it is my lawyer, no other people. I'm desperately hoping that it does come in that time frame as I would really like to give my daughter a nice Christmas, nicer that I've been able to provide living off welfare for the last 3 years. She deserves so much more than I've been able to give her these past few years since I've not been able to work (although she gets enough love for 10 kids and that's the most important thing, I know).

Hope everyone else's case is going as well as mine has been, I still can hardly believe that after so many years of waiting that it's over. It's a glorious feeling to know that all of the waiting, hearings, appeals and years of stress are finally over.

Angell

[haven'tgotaclue]

Hi,:)

I thought I might offer some info on this discussion.

I just recieved my first SSDI payment in the mail on the 3rd of Oct.. I was found favorable by a judge on July 24th.:D

My check arrived before my letter.

:confused: This is what my letter said:

We found that you become disabled under our rules on
October 6, 2004.
However, you have to ne disabled (5) full calendar months in a row before you are entitled to benefits. For the reasons, your first month of entitlement is April 2005.
Your representive's fee (the lawyer or company which helped you obtain your award) can not be more than 25% of your award by federal law.
You will not be entitled to Medicare for 24 full calendar months after your first month of entitlement.


Note: FYI
If you have been receiving long term disability, during your time off, you may be required to pay part or all of your entitlement to them when your SSDI has been rewarded.
That is determined by individual LTD companies rules.

I don't know anything about SSI except that it is awarded to the disabled who do not have enough work time to draw regular SSDI. SSDI means that you have already accured enough work hours to get Social Security but you have become disabled prior ro your normal retirement age.

This is probably as clear as mud, LOL ;)

Blessings, TJ ;)

[FormerDE]

There also is a difference in the back pay with SSI and SSDI. If you will receive SSDI it goes back to the date of application no matter how far back. I do not know the particulars and someone else should speak to this but if you are only going to receive SSI the back pay rules are different. You must remember SSI is really a Federal Welfare Program so they do not want anyone to have lots of $$., different than SSDI.
______________________

Actually with SSDI, benefits can begin as far back as 12 months prior to the initial application filing date. Whether a claimant can get the full 12 months of retro benefits prior to the initial filing date is dependent on how far back the judge or examiner sets the date of onset. If the onset is set as far back as 17 months prior to the date of filing, then 12 months of retro benefits before date of filing are due, after subtracting the five waiting period months from the date of onset.

With SSI it is different. Benefits can only begin with the month of filing at the earliest. And an onset date established later than the date of filing would actually restrict the beginning date of payable benefits to a date even later than the initial filing date for SSI.

FormerDE