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E-mailPHOENIX, AZ. Social Security Disability claims frequently take months or even years to move from initial application to a final approval decision. By the time benefits are approved, many claimants are owed a significant sum for the period they waited. That amount, referred to as back pay, remains one of the least understood aspects of the disability benefits process. Pekas Smith, an Arizona disability law firm, has published guidance explaining how SSDI back pay and disability retroactive benefits are calculated and distributed.
Two key dates determine the back pay calculation: the established onset date, which is when the Social Security Administration (SSA) determines the disability began, and the application date. For Social Security Disability Insurance (SSDI), benefits can extend back to the established onset date, though a mandatory five-month waiting period applies, during which no benefits are paid regardless of when the disability began.
SSDI also provides for retroactive benefits covering time before the application was filed. When the SSA determines that a disability began well before the filing date, a claimant may be entitled to up to 12 months of retroactive benefits prior to the application date, with the five-month waiting period still applied. Supplemental Security Income (SSI) operates under different rules. SSI benefits begin the month following the application date and do not include retroactive payments for any period before the application was submitted.
"Back pay often surprises claimants, both in how it is calculated and in how large it can be after a long wait. The established onset date is the single most important factor. Every month it moves earlier can mean another month of benefits owed, which is why the medical evidence supporting when the disability truly began deserves as much attention as the evidence supporting the disability itself." Tye Smith, Founding Partner at Pekas Smith
The method of payment depends on the program involved. SSDI back pay is generally issued as a single lump sum payment. Larger SSI back pay awards are typically distributed in installments over several months, in accordance with federal rules governing resource limits. Claimants who received certain other public benefits during the waiting period may also see adjustments applied to the final amount they receive.
Attorney representation in Social Security Disability cases is handled on a contingency basis. Under federal law, fees are set at 25 percent of past-due benefits, up to a maximum amount established by the SSA, and are collected only if the claim results in an approval. Because the attorney fee is drawn directly from the past-due benefits awarded, back pay and legal representation are directly connected in how costs are structured.
Additional educational articles covering disability benefits, approval timelines, and the appeals process are available on the Pekas Smith blog. Claimants can learn more about the firm and request a consultation through the Pekas Smith homepage, and general information on SSDI eligibility in Arizona is also available.
About Pekas Smith
Pekas Smith is an Arizona disability law firm representing claimants in Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and disability appeals matters. Founded by Jeremy D. Pekas and Tye Smith, the firm works with claimants at every stage of the SSA process, from initial application through federal court review. More information is available on the Pekas Smith website.
