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Disability Law Offices of Tony Adderley

Retroactive Disability Benefits

  • By: Tony Adderley
  • Published: January 7, 2015
Los Angeles Social Security Appeals Lawyer

In most cases where Social Security disability benefits are awarded, past due disability benefits are also paid. The reason is simple: Social Security disability claims take a long time to process. And that’s why you need to speak promptly with an experienced Los Angeles Social Security disability attorney if you need to receive disability benefits. It take a while, so start now.

How much can you receive in retroactive disability benefits? The key factor is the onset date of your disability – when the disability began. When you apply for benefits, you’ll enter a date when your disability began. If your disability was caused by an accident, use that date. If your disability slowly emerged over time, use the date when you first became certain that you were disabled. Either way, the Social Security Administration (SSA) calls this the “alleged onset date” or “AOD.”

If you are approved for Social Security Disability Insurance (SSDI), you will be given an “EOD” or “established onset date.” This date will be considered by the SSA to be the date your disability actually began. The EOD is based entirely on your medical records and work history. In other words, your “back pay” should begin from the date Social Security decides on after examining your medical records, lab results, and disability application. However, there’s another twist for SSDI applicants: the infamous five-month waiting period. SSDI applicants who’ve been approved and given an EOD will have five months of benefits removed from the beginning of their disability period. In other words, the actual date when you are entitled to receive benefits doesn’t start until five months after the EOD. Yes, it’s complicated and confusing. That’s another reason to put your disability claim in the hands of a trustworthy, experienced disability attorney.

For Supplemental Security Income (SSI) benefits, the date your disability began will (obviously) be earlier than your application date, but the SSA won’t set an EOD before the date of your application. Your “back pay” will extend back only to the date of your initial application. Learn more by speaking to an experienced Los Angeles Social Security disability lawyer, and if you need to receive disability benefits, make the call today.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.