SSDI backpay/award questions?
 

Hi, I was approved for Social Security Disabled Adult Child Benefits in Spetember 2009. My retoroactive payment was returned due to incorrect banking information on october 22, 2009. It took until November 30,2009 to get it all straightened out. On November 30, 2009 I recieved a payment via direct deposit for $1720 the deposit reads us treasury 310 soc sec I also recieved a direct deposit payment on December 1 ,2009 for $1720. Today I recieved two letters from ssa baltimore md the letters say the exact same thing they state " we are sending you a check for $1720, this includes the money due you through November 2009, after that you will receive $860 each mouth" My question is the checks ssa sent me for mouthly benefits or an advance of some of my back pay? ssa still owes me a lot of backpay, when will I get it? The letters I recieved today also state " when we are done working on your claim we will send you a letter explaining your benefit amount.

My guess is you would be better off calling SSA for an explanation of the payments you have and will receive, as no one here, or anywhere online, will know your exact situation.

Adult Child Benefits
 

Priscilla this is from the SS website Question # 156

There are two Social Security disability programs that include disabled children.

Under the Supplemental Security Income (SSI) program, a child from birth to age 18 may receive monthly payments based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for children and
the income and resources of the parents and the child are within the allowed limits.


Under the Social Security Disability Insurance (SSDI) program, an adult child (a person age 18 or older) may receive monthly benefits based on disability or blindness if:

He or she has an impairment or combination of impairments that meets the definition of disability for adults; and
the disability began before age 22; and
the adult child's parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits or is deceased.
Under both of these programs, the child must not be doing any "substantial" work, and must have a medical condition that has lasted or is expected either to last for at least 12 months or to result in death.

Thank-you Echoes long ago, I think maybe I ought to get a little more specific on here since my situation is somewhat unique. Evidently I gave the wrong date of the onset of my disibility due to the fact I thought I had to list the last known date based on current records in my possession at the time, but the truth is it dates back to when I was age 14. (SSA has it down as age 22) I do not know how to correct it since my attorney failed to submit the older records I requested. There is proof and I'd like to apply for benefits going back to age 19 on my own record and ages 14-18 on my father's record, since I believe that is the only way it can be done. So basically, does ANYONE know how to go about this? I spent over a year trying to work w/ the attorney to acknowledge they had made a mistake, but of course they were not willing to help since they considered it closed after they got paid. Anyway, if ANYONE knows the answer to this I know it will help 2 ppl since my brother has same disability since he was born and noone (gov)seems to be forthcoming w/ this information which I am sure all of you would agree!
Thanks and much appreciated!

When did your father die or turn age 62 and file a retirement claim or become entitled to SSDI himself? At age 14, a child can get benefits from a parent's record on the basis of AGE alone - if the family max is high enough, the parent is deceased or entitled to Social Security disability or retirement. A 14-17 year old child does not have to have a disabling condition to qualify. If your father is 61 or younger, still breathing and able to work, there is nothing for you to qualify for on your father (or mother if she is still healthy and not retired) Social Security record. And, if you got married, you might not be entitled as an adult. Or if you engaged in Substantial Gainful Activity and it was not an Unsuccessful Work Attempt (and you must have worked a year and a half to get SSDI) you might not be able to get benefits from a parent.

If your brother is disabled and unable to perform Substantial Gainful Activity, he should file his own claim since filing date is a factor in determining payment date. He should contact SSA before the end of December 2009 if he hasn't done so already. 1-800-772-1213.

If your attorney thought you could be entitled to more money by pursuing an earlier onset based on an earlier filing date, the attorney would then be entitled to a higher fee, so I would guess that the attorney is not interested in pursuing this because there is no money in it for anyone.

Go get your own records if you want them, and file a claim on your deceased, disabled or retired father, but it may do absolutely nothing to change your entitlement to Social Security or the amount of your monthly benefits. Help your brother get his own records and help him file a claim. But again, the retroactivity of an SSDI claim is AT MOST 12 months before application (with the 5 month waiting period, 17 months for onset) and for SSI, zero months before application.

Filing a claim and, if denied, filing an appeal is what keeps a claim alive for years and sometimes results in years of retroactive benefits and sometimes nothing.

You were misinformed.

SSI does not pay claims for months before some applies. SSDI may in some cases pay claims for 12 months before the application date. You cannot get any kind of benefit from a parent who is not deceased, or entitled to SSDI or entitled to retirement. SSI benefits for disabled minor children are based also on the parents' income, so even if your parents had applied for you as a minor, there might not have been any benefits because they had too much income. From what you have said, I do not see how you can qualify for anything more than what you are currently receiving.

Social Security and SSI back payments
 

Hi, I am new my name is hotwater. I have had it with social security. I was awarded SSi and Soc. Sec. in December of 2009. They paid my SSI and now that it is time to pay out my Social security they want to take back what they paid me in SSI payment. The person I spoke with said that even though a judge awarded me both that I only got ssi because I owe the state trustee money and now that my soc.sec money is due they are taking all of it from me. They want to pay me only $5,937.00 out of $42,246.00 awarded. What must I do, should I appeal this in the US Discrit Court?

The law does allow for offset of retroactive Social Security benefits in the amount of SSI that would not have been paid if the Social Security had been paid on time. It is called windfall offset. SSI is Supplemental Security Income. The retroactive benefits are computed on the amount of income you actually received. The windfall offset is based on the amount of SSI that was paid MINUS the amount of SSI that would have been paid if the Social Security was paid on time. Read that sentence many times until you understand it.

Windfall offset happens in 100% of the claims in which there is both retroactive SSI and Social Security for the same months.

How much SSI was paid to you or is still owed to you? You cannot have windfall offset that exceeds the amount of SSI paid or owed (if there are installment payments still outstanding).

Did your state put a levy on your Social Security benefits? Or is there a garnishment? I am a bit confused about owing the state trustee money unless you are referring to your county's interim assistance (AK general assistance, general relief, some locally funded program for the indigent). And, unless you got $37,000 in SSI benefits, I can't figure out how you could have a windfall offset that would reduce $42,246 to $5,937. So there much be more to this situation.

The decision about whether or not you are disabled was appealable and I assume you got a favorable decision by an ALJ. The decision about the amount of your payment is also appealable, but you have to go up the ladder again, starting with a request for reconsideration by your local office (or payment center since you disagree with the Social Security amount) and if that is unfavorable, you can again request a hearing before an ALJ. The previous favorable hearing decision only was a decision that you were disabled and the date you became disabled. It was not a payment decision. If you read the whole thing, there should be a paragraph about computation of benefits being done by a different component. So, you cannot go above the ALJ on the payment computation without a recon and then another request for hearing.

I think the best solution is to see if you can get an appointment with your local office's SSI windfall offset expert. You still may not like the outcome, but you may understand it better. You can still appeal within 60 days of the date of the notice. You can't jump up to District Court.

Here's a Ruling

http://www.socialsecurity.gov/OP_Hom...9-oasi-41.html

Here's something a little less legalese

http://www.socialsecurity.gov/OP_Hom...book-2185.html

Here's the local office instructions

https://secure.ssa.gov/apps10/poms.nsf/lnx/0502006000

They will only pay back pay for the last 12 months/ but you have to subtract the whole 5 month waiting period. That is if those five months were included in the past 12.

this is incorrect. you can get up to 12 months of backpay previous to the date you filed if you were unable to work for the period of time of 17 months before the date you filed and that is determined to be your start date by ss. The 5 months waiting period is subtracted from the 17 months previous not the 12 months previous If it takes years for you to go through the disability process such as waiting for an alj hearing you also get that period of time in your backpay if your start date is determined to have been when or before you filed.

That 12 months and 5 month waiting thing has been explained to me a dozen times and I still can't understand it...I have no clue...too confusing.

Hope this helps:

I applied for SSDI in February 2010 claiming an onset date of April 2009. Since April 2009 is within 12 months of my application, then I can be approved for an onset date of April 2009. However there is a five month waiting period, so my back pay would be calculated starting October 2009 (Add 5 months to the April 2009 date).