If you’re suffering from a disability but haven’t taken action to receive benefits yet, you’re likely wondering, “Can you be entitled to benefits retroactively?” If you’re seeking financial support due to disabilities, understanding the complexities of Social Security Disability and Supplemental Security Income (SSI) benefits is essential.
Social Security Disability benefits can be paid retroactively for up to 12 months before the date a claimant officially applied for benefits. In other words, if all eligibility requirements are met, the individual may receive benefits for the months leading up to the formal application date.
In contrast, Supplemental Security Income (SSI) benefits do not have a retroactive effect. This means that SSI benefits are typically payable starting from the month following the individual’s application approval.
Waiting Periods
For SSI applications, after all the requirements are met there is an effective waiting period until the first of the next month.
For Social Security disability there is a five-month waiting period after the onset date—the date disability began— during which no Social Security disability benefits are payable. Because only full months are counted, the actual waiting period is nearly always more than five months. Only when a person becomes disabled on the first day of the month is the waiting period exactly five months.
Understanding these waiting periods and retroactive payment provisions is crucial for individuals navigating the Social Security application process, as it impacts the timing and calculation of benefits.
Timely Filing Your Application
These rules illustrate the importance of the timing of filing your disability application to avoid losing potential benefits. File your application immediately, especially if it is near the end of the month. SSA does not count partial months when calculating benefits.
For example, if you file your application on September 2, instead of September 1, you have lost the whole month of September. You can prevent this by calling the number below and requesting a “Protective Filing Date” over the phone. This protective date serves as the official filing date for your application. It allows you to initiate the process promptly, even if you are unable to complete the paperwork immediately.
How Do I Apply for Social Security Disability or SSI?
You have multiple options for filing your claim:
- In-Person: If you are able, visit your local district and branch Social Security office to file your claim. This option allows you to receive assistance and guidance from SSA representatives.
- By Telephone: Call the toll-free number (800) 772-1213 to initiate your claim over the phone. Experienced representatives can assist you in completing the application and answering any questions you may have.
- Online: Embrace the convenience of online filing by visiting the official SSA website at www.SSA.gov. The online application allows you to complete the process at your own pace. However, we do not suggest filing online without a Social Security disability attorney’s assistance due to the SSA’s potential online system challenges.
For many claimants, it is advisable to file for both SSDI and SSI simultaneously. This ensures that your application is considered for both programs, maximizing your chances of receiving the financial support you need.
For a free legal consultation, call 800-562-9830
Completing The Application
When completing your disability application, you will be asked a series of questions regarding your past work, medical conditions, and education, and you will need a list of your healthcare providers and prescriptions. Thoroughly answer all questions, providing detailed and accurate information.
Be descriptive. Take your time to ensure that you convey the full extent of your disability and its impact on your ability to work. Do not underestimate the amount of time spent standing or walking and do not underestimate the heaviest weight you had to lift at work. If you do, this will work against you. Describe what you did, not what your title said, i.e. “I mowed the grass and repaired the broken fixtures” not “I was Supervisor of Facilities.”
How Is the Retroactive Entitlement Date Determined?
The retroactive entitlement date, or Established Onset Date (EOD), which is the date when you first met the SSA’s disability requirements, is determined by the SSA based on a thorough review of the medical evidence, statements from the claimant, expert opinions, and other relevant factors that were provided.
Understanding your EOD is essential, as it signifies the starting point for potential retroactive payments. These payments cover the period from your EOD to the date when your disability claim is officially approved. If there are disputes or concerns regarding the retroactive entitlement date or the amount of retroactive benefits awarded, individuals have the right to appeal the decision.
At Marc Whitehead & Associates, we are here to help you navigate the Social Security Disability and Supplemental Security Income application or appeals process, ensuring a smooth and thorough completion. Having strong legal guidance from the very start significantly increases the likelihood of your initial application being approved.
Consulting with our knowledgeable national social security disability claim attorneys can make a significant difference in understanding the complexities of the application process and help you secure the benefits you deserve. Contact us today by calling (800) 562-9830 for a free consultation.
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