Every now and then I encounter a case that potentially involves a claim for benefits by a disabled surviving spouse. This is a claim for disability benefits based upon the work record of the deceased spouse.
A claimant without enough quarters of coverage for Social Security disability insurance on his/her own work record could…
It's that time of year, and many successful Social Security disability claimants who received a lump sum of retroactive benefits in 2009 are now assessing the income tax consequences.
I am not a tax lawyer, and you won't be getting tax advice from me. However, there is an excellent web page available from the National Organization…
When you are awarded Social Security disability benefits, you do not receive benefits beginning on your onset date. Rather, there is a 5 month waiting period before benefits begin. As a practical matter, it is often a 6 month waiting period, because the waiting period is 5 full calendar months of disability. So if your…
For Social Security disability, retroactive disability benefits can be paid for up to 12 months prior to the date you filed your claim, if you were disabled during that time.
Here is a simple example:
Assume that a person filed for Social Security disability benefits today, August 1, 2009. Disability benefits are available for the past…
Unemployment insurance and Social Security disability are two separate programs, with different goals. In general, if you are receiving unemployment insurance benefits you are ready willing and able to work, and are not disabled. However, receiving unemployment compensation after your alleged onset date does not preclude a favorable finding for your Social Security disability…
Dear Social Security Payment Center,
I know how busy you are. And I know how promptly you pay most claims, once there is a favorable determination or an ALJ decision.
Every now and then, however, payment on an approved disability claim gets stalled for no particular reason. I have one of those claims now, and…
There is a little known Social Security benefit called the Adult Child Disability benefit. I took on one such claim this week, for the first time in quite a while.
An adult disabled before age 22 may be eligible for child's benefits if a parent is deceased or receives retirement or disability benefits. The SSA considers this…
One of the most important things you can do for a client as a Social Security disability lawyer is to request reopening of a prior claim. In my opinion, the issue of reopening does not get enough attention.
Reopening a prior claim can add substantially to the retroactive benefits payable to your client. At a recent hearing of…
For those who are already receiving Social Security disability benefits, Geri Kahn's California Social Security Lawyer blog has a well written post answering the question "How much money can I earn and still collect SSDI benefits?"
I recommend that you read her post, which weaves together trial work, the 36-month reentitlement period, and impairment-related work…
This Google search question led a recent visitor to the blog: Can disability go retroactive from the onset date rather than the date you apply for benefits?
I will answer that question right now.
Disability benefits are never paid retroactively from the onset date, because by definition you were not disabled prior to your onset date. However, both your onset date and your filing date are relevant to the determination of your benefits.
For an SSI claim, benefits begin on your filing date if your claim is granted. There are no benefits available prior to your filing date for SSI, regardless of your onset date.
For Social Security disability, retroactive disability benefits are paid for up to 12 months prior to your filing date, depending upon the interrelation beween your filing date, your onset date and the 5 month waiting period.
Benefits begin 5 months after your onset date. However, retroactive benefits do not extend further back than 12 months prior to your filing date. Let's look at an example.
