The application process for Social Security Disability (SSD) and Social Supplemental Security Income (SSI) benefits is notoriously lengthy. Many applicants wait months, and some wait for years before receiving benefits. When you are suffering from a disabling condition that has prompted you to seek financial support from the Social Security Administration (SSA), you likely cannot work to earn a livable wage. This can place a tremendous strain on household finances as you wait for a decision on your SSD or SSI claim.

You may be able to receive back pay if the SSA approves your claim, but there are strict rules and limits. The Law Office of Daniel Martin has been helping people navigate Social Security disability applications since 2017, and we know what it takes to secure SSD and SSI approvals for our clients.

Why Back Pay Matters for SSI & SSDI Recipients

Back pay is the term used to describe the money that an applicant would have received if they were paid disability benefits immediately after applying. Back pay may be available to applicants who file applications for SSI and Social Security disability insurance (SSDI). Because of the extensive amount of time that often passes between filing an application and being approved for benefits, applicants are often left struggling financially as they wait for a decision. If the SSA approves your disability claim, they may owe you back pay.

Retroactive payments are also appropriate in some SSDI cases, which represent the payments you are eligible for between your disability onset date and the date you filed for benefits. Understanding back pay for Social Security disability benefits can be challenging, which is why having experienced and trusted legal guidance is crucial.

How Social Security Determines the Amount of Back Pay

Even if you are entitled to back pay, you will not receive SSDI benefits for the entire time period between your application date and your approval date. The SSA implements a mandatory waiting period of five months in most cases, which will affect the amount of back pay you are owed. The amount of back pay you receive will reflect this five-month period for which you are not typically entitled to receive benefits.

Timeline for Receiving SSI & SSDI Back Pay

You should be prepared to continue waiting even after approval of your disability claim. The exact amount of time it takes for the SSA to distribute your benefits varies from claim to claim, but it can take weeks or months for back pay and benefits to be processed and deposited. Typically, the SSA sends back pay as a lump sum in the form of a direct deposit, or a Direct Express card. It may be possible for you to request a paper check if you contact the US Treasury.

Restrictions on Retroactive Back Pay for Disability Benefits

SSDI and SSI applicants who have been waiting for their claims to be approved will benefit from understanding the restrictions the SSA places on back pay. Your backpay will accumulate while your case is processing. When it starts accumulating is broken down below. The date your disability began is referred to as your “onset date”. The date you file your disability application is referred to as your “application date”.

SSI – Backpay begins accumulating at your application date. You cannot go further back in the past regardless of your onset date. There is no 5 month rule in SSI claims. If you are considering filing an SSI claim it is imperative you file as soon as possible. You may be losing out on money by waiting.

SSDI – Backpay can begin accumulating up to 1 year prior to the application date depending on your onset date. For example, if you became disabled in January 2022 (onset date), but did not file until January 2025 (application date), the most your backpay can go back to is January 2024 (1 year prior to application date).

SSDI does have a 5 month rule. You are not entitled to disability payment until five full calendar months after your disability began (onset date). For example, if you apply for disability in January 2025 (app date) and your onset date during March 2024. You will not recieve backpay for the first five full calendar months, meaning (April, May, June, July, Aug). So, even though you stopped working in March 2024, your backpay begins accumulating in September 2024. This is referred to as the 5 month rule. Depending on how much time has lapsed between your onset date and application date will determine how the 5 month rule applies to your case.

  • For example, in the scenario mentioned earlier, if you became disabled in January 2022 (onset date), but did not file until January 2025 (application date), you will still begin accumulating back pay in January 2024. This is because the first five calendar months from your onset date are (Feb 22, March 22, April 22, May 22, and June 22).

Your backpay will begin accumulating according the rules set out above, and will continue to accumulate while your case is processing.

In concurrent SSI/SSDI claims, you may be able to receive SSI backpay during the 5 month period that SSDI does not accumulate, depending on your application and onset date.

This can be a confusing process, however at the Law Office of Daniel Martin we understand exactly how these rules work and can work with you to maximize your backpay. If you have already filed your application on your own, we can assist you with amending your onset date to maximize your backpay.

SSD/SSI Attorney for Tennessee Disability Claims

Waiting for approval from the SSA can seem unbearable, especially when you are also experiencing the stress associated with a disabling condition, extensive medical care, and a lack of income. When you have legal representation, you can trust that your application will be thorough and accurate, which gives you a better chance at approval. The Social Security disability lawyers at the Law Office of Daniel Martin provide skilled representation, compassionate guidance, and tireless advocacy for our clients seeking SSD and SSI benefits.

Contact us to schedule a free consultation to discuss your case.