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Law offices of Stephen Barszcz Disability Lawyer
  • NATIONAL DISABILITY ATTORNEY

Can I Get Retroactive SSDI Benefits?

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Being diagnosed with a disabling medical condition or suffering a disabling injury can make it difficult to focus on anything except your physical pain and medical care. Indeed, for many people who become disabled, it is difficult and sometimes even impossible to think about legal issues surrounding the disability and going through the process of seeking disability benefits. As such, disabled people might go for months without receiving disability benefits for which they were actually eligible. If you are in this situation, you might be wondering: can I get retroactive SSDI benefits? In other words, can you receive disability payments you should have received in the past based on your eligibility, except you had not applied for benefits at that point in time?

Depending upon your circumstances, it may be possible to get retroactive SSDI benefits. Our national disability benefits lawyers can tell you more. If you need assistance seeking retroactive SSDI benefits, do not hesitate to get in touch with us.

Understanding Retroactive SSDI Benefits 

What are retroactive SSDI benefits? According to Merriam-Webster dictionary, the word “retroactive” means “made effective as of a date prior.” Accordingly, retroactive benefits are benefits that can be paid to a disabled person for previous months in which they were eligible for SSDI benefits but had not yet applied and been approved for those benefits.

To be clear, retroactive benefits provide payments for past months of SSDI eligibility.

Who Can Get Retroactive SSDI Benefits? 

Who is eligible to receive retroactive SSDI benefits? In short, you can receive retroactive SSDI benefits for up to 12 months prior to the date of your SSDI application, not including the five-month waiting period. What that means is that you can seek retroactive benefits up to 17 months after your disability started, and you can receive up to 12 months of retroactive benefits. Yet to be clear, you cannot receive more than 12 months of retroactive benefits even if more than 17 months have passed since the onset of your disability.

It is also important to note that you cannot receive retroactive benefits for the five-month waiting period. Accordingly, retroactive benefits will only be possible if more than five months have passed since the date of your disability.

It is important to apply for SSDI benefits as soon as you can and to avoid waiting to submit an application. Even though you may be eligible for retroactive benefits, you should never assume that this will be a possibility, and you should not rely on retroactive benefits.

Contact a National SSDI Benefits Lawyer 

If you are struggling with a disability and have waited to file for SSDI benefits, it may be possible to file an application and receive retroactive benefits. One of the experienced national SSDI benefits attorneys at the Law Offices of Stephen Barszcz can speak with you today. We can learn more about your circumstances and can advise you about the best course of action for obtaining the benefits you need. Do not hesitate to get in touch with us for assistance with your disability application.

Source:

secure.ssa.gov/poms.nsf/lnx/0410105015

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