If you cannot work because of injuries or disabilities, Social Security Disability Insurance (SSDI) benefits might come in handy. However, most people do not understand how SSDI works and when they can benefit from it. Our experienced team at the Law Office of Frank A. Cetero has taken the time to enlighten you about these benefits. Here is all you need to understand SSDI retroactive benefits.
What are Retroactive Benefits?
Retroactive benefits are payments disbursed to disability applicants for the period between the start of their disability and the approval date of their application. In simpler terms, retroactive payments cover the 12 months preceding the approval date of the SSDI application. This financial support aims to bridge the gap between the onset of a disability and the formal recognition of the disability by the Social Security Administration.
Factors Considered When Making Retroactive Payments
The Social Security Administration meticulously considers three fundamental factors when making retroactive payments:
- Date of onset: This marks the initiation of the disability
- Date of application: The moment a claimant officially seeks SSDI support
- Wait period: All SSDI claims entail a mandatory waiting period of five months after the disability onset
By default, the date of filing the application for disability is designated as the alleged onset date (AOD). This AOD serves as the reference point for retroactive payment calculations, encompassing the period from the onset of the disability.
However, if the disability manifests significantly before the application date, a crucial process comes into the fold. It becomes mandatory to provide substantial evidence to substantiate this timeline. This evidence is pivotal for altering the AOD and establishing a new onset date (EOD). This is a crucial step in ensuring accurate retroactive payments reflective of the actual commencement of the disability.
The mandatory waiting period of five months after the disability onset is a distinctive feature of all SSDI claims. During this interval, no payments are made. Consequently, retroactive payments commence at the outset of the sixth month. This underscores the unique structure of SSDI support, ensuring financial relief aligns with the challenges posed by the disability.
Eligibility of Retroactive SSDI Payments
Determining the initiation date for Social Security Disability Insurance (SSDI) payments is a multifaceted process impacted by various factors. By law, SSDI payments cannot commence until five months have passed from the onset of the disabling condition. The pivotal point in this timeline is known as the “alleged onset date,” designated by the date of filing the application.
Let’s break down the eligibility criteria:
- Five-month waiting period: As mandated by law, SSDI payments start only after a waiting period of five months from the onset of the disabling condition. The application filing date serves as the alleged onset date.
- Application date vs. true onset date: The date of application may not always align with the actual onset of the disability. In cases where individuals delay filing due to hopes of recovery or undergoing extended treatment and rehabilitation, the true onset date may precede the application date.
- Changing the onset date: Individuals can seek to change their alleged onset date to a newly established onset date by presenting evidence of the true onset of the disability. This is a crucial step in aligning SSDI benefits with the actual commencement of the disabling condition.
- Appeals process: If SSDI benefits are denied, an individual may have to endure months of appeals to secure the rightful support. Upon approval, benefits are retroactively granted from the onset date, including the five-month waiting period.
- Maximum retroactive period: The Social Security Administration (SSA) allows retroactive payments for a maximum of 12 months before the date of application acceptance. This ensures comprehensive coverage of the period preceding the formal acknowledgment of the disability.
How Our Attorneys Can Help
Applying for Social Security Disability Insurance (SSDI) can be daunting. It can be time-consuming, technical, and tedious in nature. A simple oversight for a novice can translate into months of costly delays. At the Law Office of Frank A. Cetero, our seasoned attorneys recognize the challenges of the SSDI process and are dedicated to providing personalized attention and expert guidance.
Our attorneys leverage their expertise to streamline the process and minimize the risk of delays while maximizing the chances of a successful claim. Whether you are filing an initial application, seeking retroactive payments, or going through the appeals process, our dedicated legal team is here to guide you every step of the way.
Contact Our Law Firm to Pursue Retroactive Payments of Your SSDI Benefits
Are you ready to secure the retroactive payments you deserve for your SSDI benefits? Contact the Law Office of Frank A. Cetero today. Our expert Suffolk County social security disability lawyers attorneys offer personalized assistance and ensure your application is comprehensive and compelling.
