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PDF Editor FAQ

When you become disabled, when do you start recieving your disability check from the social security administration? And how is retroactive pay determined?

Do you mean SSDI or SSI? There are 2 SSA disability benefits.For SSDI -There is the alleged onset date (the date that you claim ("allege") on your Social Security application, that your disability—that is, your inability to work—began) and, if SSA disagrees with that, the Established Onset Date (if contrary medical evidence to show that your alleged date is wrong and that its EOD is correct. To determine your EOD, the SSA will look at your AOD, when you last worked, and what the medical evidence shows.)When the AOD /EOD is determined, there is a 5mo grace period of no pay and back pay for up to 12 mo. So, if your EOD was determined to be 17mo ago, you get 12 mo back pay (5mo grace plus 12mo pay). If your EOD is 6mo ago, you get 1 mo back pay.Back pay is the number of months less 5 times your monthly benefit. So, if your monthly benefit is $1000, your EOD is 8 mo ago, you get $3000 back pay (8mo minus 5 mo grace = 3 mo. 3mo x $1000 = $3000)If you had an atty, the SSA usually cuts them a check directly from the backpay for the lessor of 25% or $6000. So, in the above $3000 example, if SSA pays the atty, you will get $2250 and the atty gets $750. If you had a 17mo EOD with $2200, you’d get $20,400 while the atty gets $6000 (17 mo -5mo grace = 12mo. 12mo x $2200= $26,400 less $6000 max for atty = $20,400).SSDI backpay is paid as one lump sum, which is usually received within 60days of approval for SSDI.SSI is slightly different. I am not 100% on how it is calculated - it may be the same. I do know that back pay can be split into 3 pymnts

Is it true that SSA no longer pays back monies for claims denied, appealed and eventually approved? My husband has been denied 3x. Is this as of 2018?

Nearly every case where a claimant is awarded Social Security Disasbility Insurance (SSDI) or Supplemental Security Income (SSI) benefits based on disability, past due disability benefits, or disability "back pay," can be paid beginning when the disability application was filed, or sometimes even earlier. The reason being: SSDI claims can take a long time to process. I’ve not heard or read anything that says back pay or retroactive benefits are no longer paid.The Social Security Administration (SSA) places no actual limits in regards to back pay. Any back pay you receive will be determined by your disability filing date. For example, if you filed in June of 2011 and weren’t approved for benefits until June of 2013 due to the lengthy appeal process, then you would be entitled to 24 months of back pay if the SSA determined that you were eligible for benefits (19 months back pay plus the 5 month waiting period) at the time of your application.1. Application DateWhen you first applied for SSDI or SSI benefits is considered the day your disability started. For SSDI, you can receive benefits back to your date of application and can potentially be considered for retroactive benefits for the year prior to your application date. The Difference Between Retroactive Disability Benefits and Back PaymentsProtective Filing DateSSA allows applicants to establish a Protective Filing Date (PFD), the first time you made a written statement of your intent to file for SSDI. If you initiate the filing process online and get only part way through the application, it may also help establish your PFD. I applied during a telephone appointment which they granted me because of my condition.You are encouraged to use a PFD since it might be earlier than the date you filed your disability application. You can get get disability benefits going back to that date as if it were your actual application date. Because I called them for help in filing over the phone due to being bedridden, that first call was the date they used as my protective filing date.When the SSA refers to your Date Last Insured (DLI), they are referring to the last work quarter in which the you met disability insured status requirements. This is especially helpful to know when your disability case lasts for an extended amount of time as it preserves your status.2. Date of DisabilityWhen you file an application for disability benefits, you indicate (on the application) the last day you were able to work which then translates to the day your disability began. This is known as the Alleged Onset Date (AOD).What is an Amended Disability Onset Date?For SSDI, no matter when the EOD may be, "retroactive" payments will be made for a maximum of only 12-months, meaning that the applicant will remain unpaid for any time before the considered time. Whether or not retroactive benefits will be payable back to the beginning of the 12-month period time will depend on the Established Onset Date (EOD), either by a disability examiner or by an Administrative Law Judge (ALJ). The ALJ that heard my case, changed my onset date to the last day I worked rather than when I filed—which became my “amended onset date.”3. Mandatory Waiting PeriodEssentially, SSDI applicants who have been approved and given an established AOD will have five months of benefits removed from the beginning of their disability. In other words, the Date of Entitlement (DOE) does not start until five months after the EOD.If the claims examiner or judge determines that your onset date is 17 months prior to the application date, or more, you should be entitled to the entire 12 months (counting the 5 month waiting period) of retroactive benefits prior to the date of the SSDI application.4. Back Pay and Retroactive BenefitsWhat is the difference between back pay and retroactive benefits? Back pay is past due benefits, the benefits that the SSA would have started to pay you right away if it were able to approve you immediately when you first applied. Back pay is owed to you from your application date to the date that the SSA approves you for disability benefits and is payable for both SSDI and SSI disability claims.Retroactive benefits, on the other hand, can only be paid for the months you were disabled and unable to work before you applied for disability benefits. Only SSDI applicants are eligible for retroactive benefits. (SSI applicants are paid benefits for the month following their application and onward if approved.) To be paid retroactive benefits, you must be able to prove that you were disabled before you applied for Social Security disability.I frequently refer to the SSA brochure that discusses what everyone needs to know about disability benefits. You can read and download it for future reference here.

How is homelessness a problem?

There are so many contributing factors to it. First of all, housing costs continue to rise, but pay rates do not. I have lived and worked in specialist homelessness services in America and Australia and in my experience the lack of affordable housing is a really big factor in not being able to end homelessness. In America, there is a lack of any real safety net to catch people before they end up on the streets—in 2009 there was the HPRP (homelessness prevention and rapid rehousing program) that targeted people at risk of homelessness and provided emergency assistance to try to maintain their residence or get them into housing quickly but that ended in 2012. I am not sure how well it worked overall but the agency I worked for had some great results.Think about it: in the USA in particular, if a person is working at a low-mid range job and living pay check to pay check it is hard enough. But say that person gets sick and loses their job. Their health insurance is out the window—because face it not many people are able to purchase COBRA when they lose a job—and then they miss a few payments and it snowballs. They can find themselves very quickly in a position where they are at risk of homelessness or lose their housing completely. There are usually bills that do not get paid that go on a credit report making it that much more difficult to obtain housing. If they are able to get unemployment it is for 6 months. There will barely be enough money to survive—let alone find and pay a rent and utilities. And that is a person who is stable and ran into some bad luck.Think about that situation with a person who has mental health or substance abuse issues. They may be socially isolated and where the person who had lost their job may have family/friends to take them in, there is the distinct possibility that the person with mental health/AOD does not have that support. Much research has been done in this area and the majority of people who have experienced long term homelessness have also had traumatic events in their lifetime. They may be a survivor of childhood abuse (physical/sexual/emotional), they may have witnessed family violence, they may not come from intact families—the program I manage, almost 50% of the cohort was homeless for the first time BEFORE 15 years old. Then, they either do not have any income—maybe part time work, maybe Food Stamps, families may have TANF or their is a possibility that the person is disabled and has SSI/SSDI. Regardless of the income, chances are good that it is not sufficient to pay rent and bills.Housing is really expensive. I remember working with a woman in the states who was on SSI (this was in 2008 or so) and she got $637 a month and her rent was $550. It was impossible to even work with her to develop budgeting skills because there was just no money to budget.To end homelessness, many different factions need to come together. We saw some improvement during the 10 year plan to end homelessness. There was change and a reduction in numbers. There was generally bipartisan support because it is really expensive for people to remain homeless. They access crisis services like ERs, get arrested, shelters etc. But, until we commit to allocating resources to ensure that people are able to be housed, developing more affordable units, raising the minimum wage so that if people go back to work they can afford housing, providing people with the medical (physical and mental health) care they need to stay healthy and doing what we can to have people get back into their communities and break away from the “homeless subculture” we will continue to be stuck.For me, one of the most important parts of the process is working with people to build capacity to manage independently. Start having conversations about going to work right away. If we get people into employment, they are occupied, they are making money and becoming self sufficient and they start to build their self esteem back up.In a nutshell, the reason we have homeless people is because as a society, we are not fully committed to solving the problem. There are people among us that want to and are dedicated to it. But then there are the people who believe that people experiencing homelessness are lazy, they choose to be homeless and they want handouts. I can tell you with certainty that in my experience that couldn't be farther from the truth. The program I run currently is a randomised control trial. So, 60 people who meet Australian criteria for chronic homelessness have been recruited into the study. They receive 3 years of intensive case management support. During the length of the program they are surveyed by a research team at 6 monthly intervals. One of the findings of the baseline was that people rated their current functioning in the area of employment/economic participation low—but the rated their capacity as quite high. The majority stated they would like to go back to work. And now at the end of the 2nd year we have more than 20% in employment. To be clear, I know that 1/5 of participants doesn't sound like a lot but in all honesty, 30 out of the 60 are on disability and have been assessed as unable to work.Affordable housing + health care + living wage + building capacity to re-enter the workforce + building natural supports etc.

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