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Author Topic: No Delays in my Back Pay  (Read 2978 times)

Rusty21963

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No Delays in my Back Pay
« on: June 06, 2011, 06:03:07 PM »
I have been a long time lurker on this forum and was astounded and discouraged by all the difficulties many people have had with the SSD1 filings and receiving their back pay once the struggles of appeals they went through. I almost decided not to try but when then said what the heck, nothing ventured nothing gained. I am posting my experience so it may bring hope to some people to go ahead and charge ahead.

I initially filed on Jan 15th 2011. I worked with the dds examiner closely and called her every week so I pretty much new where my file was. After she told me it had gone to QA  I called the national SSA number every week. Finally I was told on June 2nd 2011 a determination had been made on May 31 but the national number people would not tell me the decision.

I went to my local SSA office and told them I understood a determination had been made. I was told it was fully favorable and the nice lady started to ask me questions about if I was working or had worked, what was the last 4 digits were for my direct deposit account and some other things I don't remember. She then told me I was all set up and told me the amount I would be receiving each month explained how the back pay was calculated and told me the funds would be released on Monday  June 6th 2011.

Well the funds were deposited in my checking account today, June 6 2011,  17 months of back pay.

So here is the final time line Filed Jan 15th 2011, Favorable determination made May 31st 2011, Back pay received June 6 2011 for 17 months. I couldn't be more happier.  6 Days after the determination.

The next review CDR is in 7 years. I did not have a lawyer or representative, No I don't know anyone who works for the SSA or call my senator. It all went very smooth in my opinion.

I did do a lot of research before filing on what the SSA was looking for and the process I used is posted in the winners circle section. I just wanted to share a ray of sunshine and hope that it is not always doom and gloom. All the SSA people I dealt with were very polite and I got the feeling they were there to help me and help me they did.

I would be glad to answer and questions and provide any help I can.
Rusty

Rusty21963

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Re: No Delays in my Back Pay
« Reply #1 on: June 06, 2011, 06:07:31 PM »
One last bit of humor, when I go on the SSA website to check on the status of my application it still states. "As of today’s date, a decision has not been made on your application.'

I have no idea when I will receive the official letter telling me the determination and what I will be receiving.

Rusty

SSDAdmin

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Re: No Delays in my Back Pay
« Reply #2 on: June 06, 2011, 08:36:52 PM »
Rusty,
      I am very happy for you.  It is a like a breath of air when you finally see that money in your account.  I did not get my award letter until after I got my back pay and the website has proven more then worthless.
Marci
I speak from experience not expertise.

maxine0251

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Re: No Delays in my Back Pay
« Reply #3 on: June 07, 2011, 08:16:09 AM »
Hey Rusty,
  Congratulations!!!!!!!!!!!!! :dancing-chilli:

psssstttt......I got a question :blush:???? (can i borrow 50 bucks.......just until my claim gets approved?)

Hahahahahahahaha!
Have a great day,
Max :grin-nod:
Humor does not rescue us from unhappiness, but enables us to move back from it a little.

prince1969

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Re: No Delays in my Back Pay
« Reply #4 on: June 07, 2011, 08:58:04 AM »
Are you sure about the backpay? There is five months withholding and from my understanding, they will only give you backpay up to one year from the date of your application depending on your onset date. I could see you getting 12 months.

Rusty21963

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Re: No Delays in my Back Pay
« Reply #5 on: June 07, 2011, 01:46:56 PM »
Mark, you are partially correct. The date you file is defined at the protected date and you can only receive 12 months back pay from that date.

MY SSA established onset date was July 2009 was determined to be the same date I was injured. So when I filed in Jan 2011 there was 17 months past but you have the 5 month offset so I was due the 12 months back from the date I filed. The actual date of fully favorable determination was May 2011 which was 5 months after I filed. So I received the 12 months back from the date I filed plus the 5 month due until the date of determination for a total of 17 months back pay.

I hope this clarifies how I received the 17 months back pay.

prince1969

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Re: No Delays in my Back Pay
« Reply #6 on: June 07, 2011, 02:04:31 PM »
Mark, you are partially correct. The date you file is defined at the protected date and you can only receive 12 months back pay from that date.

MY SSA established onset date was July 2009 was determined to be the same date I was injured. So when I filed in Jan 2011 there was 17 months past but you have the 5 month offset so I was due the 12 months back from the date I filed. The actual date of fully favorable determination was May 2011 which was 5 months after I filed. So I received the 12 months back from the date I filed plus the 5 month due until the date of determination for a total of 17 months back pay.

I hope this clarifies how I received the 17 months back pay.

Your onset date doesn't matter if they only pay a year's back pay from when you filed. It could have been 2006. You seem to acknowledge that in the first paragraph. From what I know, it is no way you could have 17 months and you just filed in Jan 2011. The five month offset means you would have only been entitled to the year of back pay from the date file.

Doesn't matter to me but if they overpaid you for some reason, they will want that money back if they figure it out.

Rusty21963

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Re: No Delays in my Back Pay
« Reply #7 on: June 07, 2011, 02:35:00 PM »
I agree with your first paragraph. 12 months is the max from the date you file. The 5 month offset starts from the determined date of onset.

What about the months from the date you file until a determination is made?

Rusty21963

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Re: No Delays in my Back Pay
« Reply #8 on: June 07, 2011, 02:47:03 PM »
Here is some info from the SSA

The five month waiting period ensures that during the early months of disability, we do not pay benefits to persons who do not have long-term disabilities.  Social Security disability benefits can be paid only after you have been disabled continuously throughout a period of five full calendar months. Therefore, Social Security disability benefits will be paid beginning with the sixth full month after the date your disability began. [/u]You are not entitled to benefits for any month in the waiting period.

prince1969

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Re: No Delays in my Back Pay
« Reply #9 on: June 07, 2011, 05:17:53 PM »
I agree with your first paragraph. 12 months is the max from the date you file. The 5 month offset starts from the determined date of onset.

What about the months from the date you file until a determination is made?

Actually, I read somewhere else that there is an exception to the 5 month withholding and it makes sense. I cut and pasted its example below. The onset date doesn't make sense because if it was in 2006, they are not gonna start five months from then.

Quote
Bear with me while I go over some basics:  Disability Insurance benefits can only be paid 12 months prior to the Protected Filing Date (PFD).

If your PFD is January 2009, at most you can get benefits back to January 2008. If your Alleged Onset Date (AOD) is January 2008, Social Security applies the 5 month waiting period (keeping your benefits for January through May) and your benefits begin to paid as of June 2008.  

Here is the exception to the 5 month waiting period: if your Alleged Onset Date (AOD) is 5 months or more BEFORE the 12 month maximum back payment period, you do not lose 5 months of benefits?

Let me put it another way. If your Alleged Onset Date is 17 (or more) months before the protected filing date (PFD), you are eligible to get the maximum 12 months of back benefits prior to Protected Filing Date.

Just keep in mind that you cannot just pick a date 17 months before you applied as your Alleged Onset Date (AOD) and leave it at that.  You have to prove you were disabled back to the Alleged Onset Date. The further back you have prove your disability, the more difficult your case becomes.

Rusty21963

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Re: No Delays in my Back Pay
« Reply #10 on: June 07, 2011, 06:26:43 PM »
I agree with everything you copied.  My onset date as Established by the SSA is Jul 2009.

My 5 month waiting period is Aug 2009, Sept 2009, Oct 2009,. Nov 2009 Dec, 2009.  which means I was eligible for SSDI payments start Jan 2010

! received back pay for all of 2010 12 months, since my Protected Filling Date was Jan 2011, and current pay for Jan 2011, Feb 2011. Mar 2011, Apr 2011, and May 2011 since the determination was made the end of May. It adds up to 17 months. payment you can call it back pay or current pay I don't care but it is not an overpayment and I'm sure glad it came when it did.

Freeangel

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Re: No Delays in my Back Pay
« Reply #11 on: June 07, 2011, 06:55:13 PM »
Congratulations Rusty!!! You do indeed give me hope.... I bet it was shock to see all the money in your account. ;D

SSDAdmin

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Re: No Delays in my Back Pay
« Reply #12 on: June 07, 2011, 08:55:26 PM »
I do think it is a matter of semantics.  You are both saying similar things just in a different way.  Good discussion though, it helped clarify things for people that may have some questions about it. 

By the way, were either of you on the debate team in high school?  I bet you rocked it!
Marci
I speak from experience not expertise.

Dragon Fly

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Re: No Delays in my Back Pay
« Reply #13 on: June 07, 2011, 10:13:06 PM »
 :got milk:
"And those who were seen dancing were thought to be insane by those who could not hear the music." --  Friedrich Nietzsche

VietnamVet

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Re: No Delays in my Back Pay
« Reply #14 on: June 08, 2011, 06:55:19 AM »
Wow it seems you got lucky. They still have yet to give me my back pay. paid my lawyer. Ive waited for a long dang time. Its beyond fustrating.  What website are you guys checking? does it say your back pay amount? and or when it will be deposited?

 

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