The Social Security system provides financial assistance to individuals that are unable to work due to a disability. This income is known as SSDI and can be applied for and obtained anytime after a person is afflicted by a disability. In almost every circumstance, a person is eligible to receive compensation for the time it takes to process an SSDI application, which can be a while. This is known as backpay and if you fall under this criteria, you may be eligible for it.
Backpay is awarded when an individual’s alleged onset date (AOD), or time when he or she contracted a disability, was before his or her established onset date (EOD), or time when he or she begins to collect SSDI. The amount granted as a result of backpay is equivalent to what the person would have received if SSDI had been dispensed the entire time. This is almost always granted in a single lump sum, however may sometimes be broken into smaller awards if the amount is exceptionally high.
The caveat to calculating when backpay kicks in is the five month waiting period. This means that five months are automatically taken away from a backpay amount and nullifies it if the time is equal or less than this. For example, if a person’s AOD was four months before the EOD, no backpay will be awarded. If the AOD was instead a year, then seven months worth of backpay will be awarded.
If you or someone you know is fighting for SSDI benefits, including a proper backpay amount, it is beneficial to have an attorney on your side that knows Social Security law and will fight for you. To learn about how we at the Franco Firm can serve you in this role and to schedule a free consultation with us today, please call (813) 872-0929.