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Basics on Backpay for Social Security Disability Benefits

Most Social Security Disability claims take a long time to process. Applicants who are approved at the initial stage typically wait several months for a decision, and those who end up filing an appeal wait at least a year – in some cases, a few years – before receiving any benefits.

Because of this, just about everyone who is awarded Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) receives backpay. Also referred to as retroactive or past-due benefits, backpay refers to the benefits the applicant would have received if their disability claim had been immediately approved.

If your disability application is approved, how much in backpay can you expect to receive? Here’s a look at what the Social Security Administration considers when determining the amount of past-due benefits to distribute.

Disability benefits Utah

Backpay for SSDI Claims

If you’re approved for SSDI benefits, the SSA will look at the date your disability began – referred to as the established onset date (EOD) — to calculate the amount of your backpay.

You may be awarded a maximum of 12 months of past-due benefits, but the number of months for which you’ll be entitled to backpay will depend upon the date you filed your disability application. The SSA applies a five-month waiting period in SSDI claims, so to receive 12 months of retroactive benefits, your EOD must be at least 17 months prior to your application date.

Regardless of the amount, backpay for SSDI claims is always paid in a single lump sum.

Backpay for SSI Claims

If you’re approved for SSI benefits, you will be entitled to backpay for the period beginning the first full month after you filed your disability application. Unlike SSDI claims, no waiting period applies – but, you won’t be eligible for any past-due benefits for the time before you applied.

When the amount of backpay owed is large, the money is typically paid out in three separate installments. The payments are sent every six months, and the first two are capped at three times the maximum monthly SSI benefit. Any remaining backpay, no matter the amount, comes in the third payment.

Exceptions to the rule exist, however, and SSI recipients can ask the SSA for an exemption from the installment limits.

Consult with an Experienced Disability Advocate

Did you know that most Social Security Disability claims are initially denied? Getting the benefits you need may not be easy, but you don’t have to go it alone.

To improve your chances of an approval for SSDI or SSI, turn your case over to an experienced advocate — like the team at Mountain West Disability. We can provide you with help during every stage of the Social Security Disability claims process, and you won’t have to pay us a dime unless we win your case.

For details on the services we offer, or to schedule a free consultation to discuss your Social Security Disability benefits application, contact us online or reach out to our office in Murray, Utah, today.

Getting Social Security Disability if You Haven’t Worked Recently

Social Security Disability Insurance (SSDI) provides financial assistance to disabled individuals who are not able to earn a living. But, not everyone is eligible for disability benefits under this federal program.

To qualify for SSDI, you must the work history requirements – and if you haven’t been employed for quite some time, there’s a good chance you may not have enough Social Security work credits. However, you may still be able to receive disability benefits through the Supplemental Security Income (SSI) program.  For more details, read on.

Should I apply for SSDI or SSI?

Qualifying for SSDI

As the name suggests, Social Security Disability Insurance works like an insurance policy. And as with any other type of insurance, coverage lapses if you stop paying the premium. With SSDI, that premium is the FICA taxes withheld from your paychecks – so if you haven’t been working, you haven’t been paying into the system.

How soon does SSDI coverage lapse? As a general rule, if you haven’t worked in the past ten years, you are no longer covered. However, if you can prove that you became disabled prior to the date your coverage ended, known as the date last insured (DLI), you may still qualify for SSDI benefits.

Getting Benefits through SSI

If you’re disabled and haven’t worked recently enough to qualify for SSDI, you may be able to receive disability benefits through the SSI program. Eligibility for Supplemental Security Income isn’t determined on the basis of past employment – it’s a needs-based program.

To qualify for SSI, you must be disabled, blind or over the age of 65. In addition, you must have both a limited income and limited resources. If you meet these requirements, your Supplemental Security Income claim is likely to be approved.

Navigating the Social Security Disability Process

Determining eligibility for SSDI and SSI is far from simple, as the rules frequently change – and exceptions to the rules can also be found. As such, you may benefit from getting an expert to help with your disability benefit claim.

The professional team at Mountain West Disability can save you time and get the ball rolling on your claim. We’ve been helping people obtain disability benefits through SSDI and SSI since 2013, and we’re ready to provide the assistance you need.

While the purpose of disability benefit programs is to provide assistance to people just like you, getting through the claims process and coming out with an approval is often quite challenging. Many people have their initial SSDI or SSI application denied, but your odds will be much better with Mountain West Disability on your side. For more information on how we can help, or to schedule a free Social Security Disability case evaluation, contact us today.

What Is a Social Security Disability Advocate?

Social Security Disability advocates offer professional services to disabled individuals, helping people navigate their way through the SSD application, hearing and appeals process.

That’s what disability advocates do – but before you make the choice to work with one, you’ll want to know what makes an advocate qualified to assist with your SSD claim. Read the following, and you’ll find the answer.

Social security lawyer vs. advocate

Training

Some Social Security Disability advocates are licensed attorneys, and they typically have extensive legal expertise. However, many non-attorney advocates are highly skilled, experts at representing disabled individuals in SSD claims.

Disability advocates are required to have either a college degree or the equivalent in training and work experience. They must also pass a certification exam and a background check, and to remain current on any changes to disability rules, they must meet the continuing education requirements.

As you can see, advocates have what it takes to handle SSD claims. With an experienced professional on your side, you stand a strong chance of getting the disability benefits you need.

Services

While many disabled individuals only seek the help of an advocate after their initial SSD application is denied, you have the right to representation at every stage of the disability claims process.

Your advocate can help you apply for Supplemental Security Income (SSI) or Disability Insurance Benefits (DIB) – and if your application is denied, they can assist with your request for reconsideration and provide you with representation should you need to file an appeal.

If the Social Security Appeals Council denies your SSD claim, a non-attorney disability advocate won’t be able to represent you. But if you work with a team of SSD advocates that includes licensed attorneys – like the professionals at Mountain West Disability – this won’t be an issue.

Should You Hire a Social Security Disability Advocate?

While you can pursue an SSD claim on your own, your chance of securing disability benefits is higher if you choose to work with an experienced professional. Attorney and non-attorney advocates understand the ins and outs of the claims process, and you may find it advantageous to have competent representation.

Worried about paying for legal services? Don’t be – Social Security Disability advocates work on a contingency basis, with the fees coming out of the past-due benefits awarded. If you don’t score a win on your SSD claim, your advocate won’t get paid. And if you do receive a backpay award? The amount that will go toward legal fees is capped at 25 percent of the total, up to a maximum of $6,000.

If you’re thinking about filing an SSD claim – or if your disability application has been denied – the professional team at Mountain West Disability is ready to fight for your rights. We’ve helped hundreds of disabled individuals get the benefits they need and deserve, and we’d love to do the same for you. To consult with a friendly and knowledgeable Social Security Disability advocate, contact us today.

How Assets Are Calculated in Supplemental Security Income Claims

Should you file a Supplemental Security Income claim? To get approved for SSI benefits, you’ll need to meet certain requirements. And one of the factors that will determine whether or not you qualify is the value of your resources.

For the Social Security Administration, resources is a term used to indicate the things you own – your assets, in other words. But when it comes to SSI claims, not all resources are taken into account. Below, the experienced professional advocates at Mountain West Disability explains how the SSA looks at assets in determining eligibility for SSI benefits.

How Assets Are Calculated in Supplemental Security Income Claims

What the SSA Considers to be Resources

For your Supplemental Security Income claim to be approved, you must have limited resources. To be more specific, the SSA will calculate the value of the following assets:

  • Cash in your possession
  • Funds in bank accounts
  • Stocks and savings bonds
  • Land or real estate property you own
  • Life insurance policies valued at $1,500 or more
  • Personal property of significant value
  • Vehicles other than the one you drive

Any other possessions that you could sell to have money for food and shelter will also be considered. And if you’re married, the SSA may deem a portion of your spouse’s income as being available to you, counting it as a resource.

What the SSA Doesn’t Count as Resources

When you file an SSI claim, certain assets won’t be considered to part of your pool of resources. The SSA will disregard the following in their calculations:

  • Your home and the land it sits on
  • One vehicle used for transportation
  • Furniture, appliances and other household goods
  • Personal jewelry, clothing and other personal effects
  • Burial spaces and burial funds

In addition, the SSA won’t count scholarships and gifted funds set aside for educational expenses as resources unless they were received more than nine months prior to the date of your application for SSI benefits.

Limit for Countable Resources in SSI Claims

Now that you have a better understanding of how assets are calculated in Supplemental Security Income claims, one question likely springs to mind – how much can you have in resources and still be eligible for SSI benefits?

To qualify, your countable resources must total:

  • $2,000 or less if applying for SSI as an individual
  • $3,000 or less if applying for SSI as a family

If the value of your assets is higher than the limit, you won’t qualify for SSI benefits. However, if you have a substantial work history, you may be eligible for Social Security Disability Insurance. And this program, also known as Disability Insurance Benefits, has no resource limit.

Do you qualify for SSI benefits? For answers to all of your questions about filing Supplemental Security Income claims, turn to the experienced professional advocates at Mountain West Disability. For a free case evaluation, contact us online or call our office in Murray, Utah, today

When Should You File a Social Security Disability Claim?

If you become disabled and are unable to work, you may qualify for disability benefits. And if that’s the case, you should file your Social Security Disability claim soon. A delay in filing isn’t in your best interests, as it could give the Social Security Administration (SSA) the wrong idea. Here’s what you need to know about timing your application.

How long do I have to file a SSDI claim?

Consider Your Monthly Earnings

To be eligible for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), you must be incapable of substantial gainful activity (SGA). In other words, you’ll only qualify for benefits if your condition prevents you from making enough of an income from work.

In 2021, the earnings cutoff for SSD claims is $1,310 per month for non-blind disabled applicants. For statutorily blind individuals, the amount increases to $2,190. The catch here is that you can only apply for disability benefits if you have been unable to meet the SGA level for at least 12 months. If that describes your situation, you should go ahead and file a SSD claim right away.

Don’t Put Off Filing a SSD Claim

Did you know that the SSA denies up to 70 percent of SSD claims? Or that getting an initial decision on your application can take several months? For both of these reasons, filing your Social Security Disability claim as soon as possible is in your best interests.

If your disability keeps you from working and your monthly income falls below the current threshold for substantial gainful activity, there’s no reason to hold off on applying for disability benefits. The sooner you file, the sooner you’ll get a decision – and if your application is denied, you can immediately request a reconsideration. If that fails, you can move forward with the appeals process. The point is, you could be waiting to receive benefits for quite some time, so it makes sense to file your SSD claim now.

Schedule a Free SSD Consultation

Do you believe you qualify to receive SSI or SSDI benefits? Or are you ready to apply? At Mountain West Disability, based in northern Utah, offers expert assistance at no upfront cost.

We have a team of highly experienced disability advocates who can answer your questions, provide advice and handle every aspect of your SSD claim. Our skilled legal professionals and case managers offer a full scope of services, and we only charge a fee – which is set by the Social Security Administration – if your application for SSI or SSDI is approved.

You can rely on the Mountain West Disability team to make every effort to help you achieve a favorable decision from the SSA. For more information about how we can help with your Social Security Disability claim application, contact us online or give our Murray, Utah, office a call to schedule a free case evaluation today.

How to Appeal a Termination of SSDI Benefits

If the Social Security Administration (SSA) believes that your medical condition is no longer disabling ” and, therefore, you don’t meet the criteria to receive Social Security Disability Insurance (SSDI) benefits ” you will be notified that your monthly payments will stop.

Fortunately, you can appeal a cessation of disability benefits, asking the SSA to reconsider their decision. And if you act quickly enough, you can continue receiving SSDI payments during the appeals process.

Social Security disability appeal help

The Disability Cessation Appeal Process

To appeal a termination of SSDI benefits, the first step is to request reconsideration. At this point, the decision may be reversed. If that doesn’t happen, you can ask for a hearing before an administrative law judge.

If the judge upholds the cessation of disability benefits, the appeals process follows a similar path as that for an initial SSDI claim denial. The next course of action is to request a review from the Social Security Appeals Council. In the event the council doesn’t reverse the decision to stop your SSDI benefits, you can take the case to the Federal District Court.

Forms and Information You’ll Need for an Appeal

If you want to appeal a termination of SSDI benefits, you’ll need to fill out and submit form SSA-789. This form, the “Request for Reconsideration ” Disability Cessation Right to Appear,– requires you to explain why your SSDI payments shouldn’t stop. You can and should submit any new medical evidence that supports your claim with the form.

To continue receiving SSDI benefits during the appeals process, you must submit the form within 10 days of the date on the notice from the SSA. If for some reason you don’t want your payments to continue, you have 60 days to file the form.

If your claim progresses to the hearing stage, you’ll need to submit form SSA-3441-BK, which is called the “Disability Report ” Appeal.– The document is used to update your medical information, and it must be filled out by you or your representative, not your health care provider.

Get Expert Help Fighting a Termination of Benefits

At Mountain West Disability, we understand how to navigate the disability cessation appeals process ” and our highly experienced team can guide you every step of the way.

We’re ready to help you fight for your SSDI benefits, and you can count on us make every effort to show that you continue to meet the criteria for disability. From filling out and submitting the required paperwork to representing you at SSA hearings and providing the expert assistance you need, we’ll be there for every stage.

If you’ve received a notice of cessation from the SSA and you don’t want your SSDI benefits to stop, contact Mountain West Disability in Murray, Utah, today.

How Long Can You Receive Social Security Disability Benefits?

If you’re thinking about filing an application for Social Security disability benefits, you may be wondering what happens if you receive an approval. Will you continue getting monthly payments for the remainder of your lifetime? Or will that stop at some point?

No one is guaranteed to receive lifelong payments, but many people do. In certain situations, however, the SSA terminates benefits. Here, the professional team at Mountain West Disability explains what you need to know.

SSDI duration

Benefits Can Continue Until You Reach Retirement Age

Once you are awarded Social Security disability benefits, you may continue to receive monthly payments until you reach the age of retirement as long as you remain unable to work. At this time, you won’t be disqualified – instead, your payments will become either Social Security retirement income or Supplemental Security Income (SSI) for the elderly.

Why You Could Stop Receiving Disability Benefits

If medical care or rehabilitation improves your condition in the future, you may no longer have a qualifying disability – and that would bring your benefits to a stop. The SSA will conducts periodic assessments, known as continuing disability reviews (CDR), to determine if you meet the medical requirements to continue receiving benefits.

Your monthly payments could also stop if your income becomes too high. Disability benefits are meant for people who cannot work, and earning enough money on your own may end your eligibility.

Do You Qualify for Social Security Disability Benefits?

Knowing that you could potentially receive benefits until retirement age – or at least until your medical condition or earning situation improves – should help put you at ease. Being disabled and unable to work is incredibly stressful, but at least now you can see that your financial future can be brighter.

However, the first step is to apply and get approved for benefits. SSI is a needs-based program, designed for low-income individuals. Disability Insurance Benefits (DIB), on the other hand, provides monetary assistance to those who have paid enough in Social Security taxes when previously employed. The experienced advocates at Mountain West Disability can determine which program you qualify for – and you can count on our team to work hard to secure an approval.

We never charge upfront fees for our services, and we’ve helped hundreds of disabled individuals start receiving cash benefits. We’d be happy to answer your questions, assist with your SSI or DIB application and provide you with peace of mind. For more information on Social Security disability benefits, contact us online or call our office in Murray, Utah, today.

Decisions on SSD Claims – Fully Favorable vs. Partially Favorable

After you apply for Social Security Disability benefits or appeal an SSD claim denial, you’ll eagerly await a decision. And, of course, you’ll be hoping for an approval.

However, approval comes in one of two forms – and the judge may grant either a fully favorable or partially favorable decision. What’s the difference? For an easy explanation, read on.

How do social security disability claims work

Fully Favorable Decision

A fully favorable decision is the ultimate goal, the best possible outcome for a Social Security Disability claim.

If your Notice of Decision letter is fully favorable, it means that the judge has found you disabled – and that the judge agrees that the alleged onset date (AOD) listed on your claim is the date your disability began. As such, you’ll receive the maximum in retroactive Social Security disability benefits, otherwise known as back pay.

Partially Favorable Decision

A partially favorable decision certainly isn’t the worst SSD claim outcome – it does mean you’ll receive disability benefits, after all.

However, a decision that’s partially favorable means that you’ll receive less in back pay. The reason? The judge believes that you are disabled, but doesn’t agree with the AOD on your SSD claim. The Notice of Decision will include an established onset date (EOD), which is later than the date you indicated. As a result, your retroactive disability benefits will be reduced.

Can You Appeal a Partially Favorable Decision?

If you receive a partially favorable decision, you have the right to file an appeal – but before doing so, you’ll need to give the matter careful thought.

In some cases, the difference between the AOD and the EOD is small. Appealing isn’t always the best decision in this situation, as doing so allows for the reexamination of your entire SSD claim. If you do appeal, you need to be aware that you run the risk of receiving an unfavorable decision or the judge setting an even later EOD for your disability.

But if your Notice of Decision is partially favorable, you could be deprived of several thousands of dollars in retroactive benefits. When you stand to lose out on receiving a substantial amount, appealing the SSD claim decision may be in your best interests.

Are you planning on applying for Social Security Disability benefits? Or was your SSD claim denied? Whether you want help filing a claim or an appeal, the professional team at Mountain West Disability is ready to meet your needs.

Our highly skilled Social Security Disability attorneys and advocates have worked with hundreds of disabled individuals – and we’ll fight to make sure you get an approval for disability benefits. For more information on our services, or to schedule a free consultation to discuss your SSD claim, contact our office in Murray, Utah, today.

Can You Get Both Social Security Disability & Workers’ Compensation?

If you’re injured on the job in Utah, the financial help you need to might come through Social Security Disability or workers’ compensation. And depending upon your specific circumstances, you may be awarded benefits from both programs.

SSD is funded at the federal level, while workers’ comp is a state-administered program. The qualifications for determining eligibility for each type of benefits are different, and there’s a ceiling to how much you can collect each month. Here’s what you need to know if you plan on applying for SSD and workers’ compensation.

What’s the difference between workers’ comp and Social Security disability?

Qualifying for Social Security Disability in Utah

To be approved for disability benefits through the Social Security Administration, you will need to be able to prove that you’re disabled – and the SSA has a strict definition of the term. You’ll only be considered disabled if the following conditions apply:

  • You have a medical condition that prevents you from performing basic work-related activities
  • The severity of your condition has made you unable to continue working at your current Utah job
  • Adjusting to other work isn’t possible because of your condition, age, past employment experience and/or a lack of transferrable skills
  • You won’t be able to return to work or perform any substantial gainful activity for at least a year

In addition, to be eligible for disability benefits, you must have enough Social Security work credits. The number required depends upon the age you become disabled.

Qualifying for Workers’ Compensation Benefits in Utah

To qualify for workers’ compensation, you will need to be able to prove that you suffered an injury or became ill as a direct result of your job duties. The laws and procedures are set by the state of Utah, and through the program you may be awarded:

  • Medical benefits to cover health care expenses
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits

Workers’ comp covers any injury or illness incurred in the course of employment, regardless of how long you’ve been on the job. The moment you started work on your first day, you became eligible for the program.

The Maximum Amount of Benefits You Can Receive

You may qualify for both SSD and Utah workers’ compensation, but there’s a limit to the amount of benefits you can receive under both programs. The total won’t be more than 80 percent of your average monthly earnings.

If the amount of SSD and workers’ comp benefits you’re eligible to receive adds up to a higher total, an offset applies. In other words, the excess will be deducted from your Social Security benefit.

Do you have questions? Or are you ready apply for Social Security Disability benefits? The attorneys and team of professional advocates at Mountain West Disability, based in northern Utah, have the skill, knowledge and expertise to guide you through the SSD claims process. We’ll help you determine if you qualify for benefits – and if so, we’ll work hard to make sure you get an approval.

For a free consultation with an experienced Social Security Disability advocate, contact our office in Murray, Utah, today.

Advantages of Working with a Social Security Disability Advocate

Should you choose to have a Social Security Disability advocate assist you with your claim? Or is hiring an attorney a smarter plan?

As advocates, we’re obviously in favor of the former. But we do have good reasons for recommending our professional services. Here, we explain what you have to gain by working with an experienced disability advocate.

Help with Every Step of the Disability Claims Process

Social Security Disability advocates know the claims process inside and out. By working with an advocate, you can get expert assistance with the application and every other step. Many attorneys who assist with disability claims don’t get involved until the hearing stage – which is the second level of appeal and can take a couple of years to arrive.

Guidance from a Team of Highly Trained Disability Experts

Hire an attorney, and you’ll have one legal professional on your side. Choose a disability advocate, and you’ll most likely be working with a team of professionals, each of whom has extensive training and expertise in a specific area of the claims process. Advocates tailor their services to meet their clients’ needs, and you can expect yours to work hard to get you every dollar you deserve.

Less Stress About Your Application for Disability Benefits

Most attorneys work on many different types of cases, not just disability claims. Advocates specialize in helping qualified claimants get approved for benefits – and for something as complex as an SSDI or SSI claim, you’re better off relying on a team of specialists. With an advocate, you’ll have the peace of mind in knowing that your claim is being managed properly. Plus, the team approach allows for an increased level of communication, which helps to alleviate your stress.

No Worries Over Paying for Assistance with Your Disability Claim

Like attorneys, most Social Security Disability advocates don’t charge upfront fees or require retainers. And, the cost of their services won’t ever have to come out of your pocket – if your advocate is successful in getting you approved for disability benefits, they’ll get their payment from the backpay you are awarded. The amount they receive is limited to 25 percent of your past-due benefits, with a maximum payment of $6,000. The funds are sent automatically, so you don’t need to be concerned about paying your disability advocate.

Mountain West Disability, based in northern Utah, has helped hundreds of disabled individuals through the claims process. If you qualify for benefits, you can count our advocates to fight for your rights – and with us, you stand a strong chance of getting an approval.

To learn more about the services we offer at Mountain West Disability, or to consult with a friendly and knowledgeable Social Security Disability advocate, contact our office in Murray, Utah, today.