Serving clients in Fayetteville and all of NW Arkansas
If you are employed and you struggle with a disability, you will likely want as much as help as possible to manage your disability. A disabled individual that has been employed for a long period of time may be eligible to receive Social Security Disability Insurance payments. If that worker was entitled to payments at an earlier date, they might even be able to receive back pay. If you or a family member is concerned about the length of Social Security Disability back pay, you should consult with an experienced Fayetteville disability lawyer today. The Kieklak Law Firm can help you obtain the Social Security disability payments that you need to help you with any complications that may stem from your disability. Disability lawyer Ken Kieklak is here to explain how long you can receive Social Security disability back pay.
How Social Security Disability Back Pay Works
Social Security Disability Insurance (SSDI) back pay is the benefits that you may retroactively receive if your claim for SSDI benefits is not immediately approved. A worker will typically earn back pay when their claim for SSDI or SSI benefits is approved.
It is normal to receive back pay because many SSDI claims have to be appealed multiple times before they are approved. When you consider the fact that the approval process can take several years, the amount of accrued payments can be quite large.
To determine the amount of money that a claimant will receive for back pay, the Social Security Administration (SSA) will first look to the date that you filed your disability application. They will then consider the date that your disability manifested, also referred to as the established onset date (EOD). Under certain circumstances, the EOD will be used to award you with payments for the period of time where your disability began, but before you applied for SSDI.
It is important to note that SSDI claims have a mandatory wait period. Specifically, you must be disabled for five months after the EOD before you may receive any payments. This means that on the sixth month you will be able to receive back pay. However, the application process for many claimants will not last longer than six months, meaning that a claimant may not be entitled to back pay if their claim is approved within five months.
The number of your back payments will be determined by how much your monthly SSDI payments are. This means that if you are entitled to payments of $700 every month and you are owed three months of back pay, you will be entitled to $2100 of back pay. Back pay for SSDI is typically awarded in a single lump-sum payment that covers the total amount of money you are owed. However, there are separate rules for receiving back pay under the Social Security Supplemental Income program.
To learn more about the application process for SSDI, you should continue reading and consider speaking with an experienced Arkansas SSDI lawyer today.
Requirements for Applying for SSDI
A worker can file a claim for SSDI benefits if they have paid taxes to the SSA. For employees that have an hourly or salary-based position, these taxes should automatically be deducted from your paycheck by your employer. However, if you are self-employed, you are solely responsible for making quarterly payments that should be deducted from your income.
Paying taxes to the SSA will allow a worker to garner credits that can be used to qualify for SSDI. As mentioned, a worker must be employed for a certain amount of time before they can file for SSDI. When you file for SSDI benefits, the SSA will consider the following factors when evaluating your disability claim:
- The severity of your impairment
- Are you capable of working or engaging in substantial gainful activity
- Were you diagnosed with an illness the SSA has listed as a disability or do you have an illness that is equivalent to a condition recognized by the SSA
- Can you continue working in the profession you were in prior to your disability
- Can you adequately perform in a different profession
Filing an SSDI claim can be an arduous and lengthy process, but our firm can help you ease the stress of filing a claim, even if your claim for benefits is denied.
Our Arkansas Disability Attorney Can Help You File an SSDI Claim
If you believe that you should receive back pay after filing for SSDI payments, you should contact an experienced Arkansas disability benefits attorney today. At the Kieklak Law Firm, our legal team is dedicated to providing you with the unique legal representation that you deserve. Ken Kieklak has offered legal representation to residents of Arkansas for nearly two decades, and he would be proud to represent you. To schedule a free legal consultation to discuss your claim, call the Kieklak Law Firm at (479) 439-1843.
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