Millions of adults and children who are blind, disabled, or seniors aged 65 and older receive federal benefits through the Supplemental Security Income Program (SSI). SSI is a need-based program that helps people with little or no income and limited resources pay for food and shelter, but the application review process takes several months or longer before you receive a decision from the Social Security Administration.
It’s not easy to wait for your disability claim SSI benefits to be approved, but it may help to know that you are entitled to back-pay SSI benefits during disability wait periods. It’s called back pay, and it pays retroactively for benefits you were entitled to receive while waiting for approval of your SSI application.
What Causes Delays When Applying For Disability Benefits?
If you have a disabling condition that prevents you from working for at least 12 months or is expected to result in death, you may be eligible for disability benefits through the SSI or Social Security Disability Insurance programs. As previously mentioned, SSI eligibility is based on financial need, but SSDI is an entitlement program, which means you must have worked long enough and recently enough at jobs where the earnings were subject to payment of Social Security taxes to qualify for it.
The already lengthy review process that an application for SSI or SSDI disability benefits goes through can be delayed for a variety of reasons, including:
- Difficulty getting medical evidence from your health care providers to support the claim.
- Social Security determines that an independent medical examination is needed.
- The nature of the medical condition causing the disability.
- Applications with missing or erroneous information.
The experienced disability lawyers and staff at Sackett and Associates help people throughout Northern California and nationwide to navigate the application process successfully and efficiently. They work with you and your medical providers to ensure that your application meets Social Security eligibility requirements and has the medical documentation supporting the claim.
What Is Back Pay?
When you receive notice of approval of your application for disability benefits, the processing delays mean you are owed retroactive benefits or back pay. It’s a relatively simple process to determine back pay for SSI: You receive retroactive SSI benefits for each month spent waiting for disability SSI amount paid as your first monthly benefit.
Note that SSI back pay may not go back to the time from when you became disabled. It is paid from the date of the application. It is, therefore, in your best interest to apply for SSI benefits as soon as possible after the onset of a condition that prevents you from working.
Calculating back pay with SSDI benefits is more complicated. One reason is that applicants for SSDI disability are not entitled to benefits for the first five months from the onset of their disability. Another is the one-year limit on back pay for the time between disability and the application date.
However, the one-year limit does not apply to retroactive benefits for the time from your application to when your claim for benefits was approved. A disability lawyer at Sackett Law is a reliable and trusted source of advice and guidance about the disability benefits and back pay you are entitled to receive.
How Do You Get Back Pay For SSI?
Your SSI back pay will be paid in a lump sum or in installments. Federal regulations only permit lump sum payments for back pay when the amount does not exceed three times your monthly SSI benefits. For example, the maximum monthly SSI benefits for individuals in 2024 are $943. Couples can receive as much as $1,415 per month. You could receive less if you have a countable income that reduces your SSI benefits.
If you are entitled to back pay for SSI, it will be paid as a lump sum as long as it does not exceed three times your monthly SSI benefits. If it does, it will be paid in no more than three installments spaced six months apart.
Temporary SSI While Awaiting Disability Determination Process
The Social Security Administration is authorized to pay up to six months of SSI disability benefits for applicants awaiting a decision on their claim for benefits. Presumptive disability or blindness payments can be paid based on the severity of the condition, the evidence supporting the claim, and the high likelihood that the claim will be approved.
Disability Benefits Help From Experienced Disability Lawyers
Learn more about SSI benefits during disability wait times that may be available to you. Sackett Law has been helping people with disabilities throughout Northern California for over four decades. Find out how a Sackett Law disability lawyer can assist by contacting us today for a free consultation and claim review.
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