Do All Social Security Disability Claims Receive Back Pay?

11/08/09

Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?

A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. Finding a way to expedite the hearing cycle would be welcomed by most applicants. It is not easy, however, to do this. If a claimant is suffering major financial trouble due to the long wait for benefits, he can file a letter of dire need. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The case will be reviewed by the Hearing Office and, in some instances, the claim can be accelerated. Another option is to request an on the record review. Such a review allows your case to be evaluated by the Office of Hearing and Appeals before the actual hearing. If all goes well, your case is approved at the on the record review and will not have to be heard before a judge. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. Regardless of what method you choose to try to speed up the hearing process for your social security disability claim, it is generally recommended that you seek counsel from a lawyer or legal advocate.

Q: What is an onset date?

A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.

Q: Is every claimant eligible for retroactive social security disability payments?

A: No, not all claimants receive back pay. But the majority of claims are awarded retroactive benefits payments. That is simply due to the fact that it can sometimes take years before a claim makes it through the process. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. It is important to apply for benefits as soon as possible, as there are limits to how far prior to your application date you are eligible to receive back pay.

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