Suppose you’ve spent any time at all applying for Social Security benefits (whether SSI or SSDI). In that case, you’re likely aware of the complexities and process towards approval that can drag on for months. For Oregon residents stuck in the lengthy waiting process with the SSA, it’s possible to receive “backpay” that fill the gap for this delay, and the SSA has a method to determine the amount, considering the time between your entitlement date and official approval.
SSDI and Backpay for Oregon Residents
There’s a mandatory full five-month waiting period from the date your disability begins to the time when your benefits start. You will be paid your “backpay” from this date to the date your favorable decision was made. If you are approved for SSDI only, you’ll receive a lump-sum payment for the total back payment amount.
For SSI, your back pay is paid in three installments over one year, with the first two payments equalling three times the monthly SSI benefit. There are exceptions if you need money for outstanding debts relating to food, shelter, or medical treatment, or if you have current and/or expected expenses in the near future pertaining to medical treatment or the purchase of a place to live.
When Do SSDI Payments Begin?
If you are approved, Social Security will set your “established onset date,” which is the date your disability began under Social Security law. The “established onset date” is important as this is used to determine the date your benefits start. For SSDI, retroactive benefits cannot be paid for more than 12 months before your application regardless of your “established onset date.” If you disagree with the SSA’s ruling on your “established onset date” this is something you can appeal and would require the assistance of a knowledgeable Oregon Social Security disability attorney.
SSI begins the month following the date of your application. The back pay will typically arrive in three separate installments with the first two payments equalling three times the monthly SSI benefit. A larger payment is possible if you meet any of the aforementioned exceptions for outstanding debts and current and/or expected expenses. You should inform the SSA about these circumstances to aid in your case for more immediate benefits.
What About Appeals and Hearings for Oregon SSI and SSDI Denials?
With a denial, you do have the right to a hearing as part of the appeals process. It’s important to note that it may take 18 months to receive any payment due to the time for appeals. With concurrent claims for SSI and SSDI, you’ll generally receive the monthly payment (whichever is higher) and not both monthly benefits.
Suppose an issue arises with establishing your specific disability onset date and the SSA challenges it. In that case, it’s wise to consult a qualified Oregon Social Security claims attorney to see if there are additional options for you to challenge their reasoning. Call the team at Drew L. Johnson, P.C. at (541) 434-6466 to learn why Oregon residents trust the firm with their Social Security claims needs.
