For SSDI Claims you can only get max backpay of 1 year

Discussion in 'Fibromyalgia and ME & Chronic Fatigue Syndrome' started by Honora88, Jun 22, 2008.

  1. Honora88

    Honora88 New Member

    Dear Friends,

    I'm extremely saddened that I can only get SSDI backpay of 1 year when I have been sick for 2 years. The new rule states that the max backpay is 12 months. When did this rule change does anyone know?

    Can someone shed some light on this? I really wanted to fight this. if I had known I would have applied for SSI while I was waiting for my SSDI. Also, I wouldn't have bothered with a lawyer.

    I saw someone on the board got full backpay (worth more than 12 months) only 3 months ago!

    Is this a firm rule or not?

    [This Message was Edited on 06/23/2008]
    [This Message was Edited on 06/23/2008]
    [This Message was Edited on 06/23/2008]
  2. Honora88

    Honora88 New Member

    Hello? Can anyone please shed some light on this?

    Bump
  3. marti_zavala

    marti_zavala Member

    I was approved in 2006 - October. I got backpay for a total of 1.5 years approximately.

    I applied for SSI at the same time as SSDI. I was approved for both right away and they deducted my SSI from my SSDI backpay so, Texas, you have to repay your SSI.

    I have heard of that rule but was unsure if it was a hard and fast rule or if they is any leeway. I had heard that as early as when I had applied so I really can't shed light on this for you.

    All in all, I don't think it matters about the SSI vs SSDI as you would have had to pay that back anyway, but I would agree with you on the attorney.

    When people start trying to figure out what they would get, I always suggest the two numbers, the minimum one being the 12 months and the maximum being backpay from date of disability.

    Marti
  4. Honora88

    Honora88 New Member

    I really appreciate all your responses!
  5. charlenef

    charlenef New Member

    it must be your state i just won last summer but i got 2 1/2 yrs back pay july 3rd will be one yr ann. yay
  6. luv2float

    luv2float New Member

    I filed over 4 years ago and am still fighting. I'm at the appeals level which has been in VA for a year. My DD date was in 2000. If I only get 1 years back pay I will be so pissed. This has taken forever!!!!!!!!!!!
  7. marti_zavala

    marti_zavala Member

    luv2float - I suggest making sure your file has everything you need in there (see posts in SS sticky) then contact your state representative or congressman. You need help moving it along.

    Ktn, I suggest joining disinissues. they are a great group and they will know if this rule is a new one or not and if it is set in stone now or not.

    It can't be a state thing as it is a federal issue - SSI is state but SSDI is federal govt.

    Marti
  8. mjwarchol

    mjwarchol New Member

    I applied 10/05. I won my case at the judicial hearing 5/08, and was awarded back to 4/13/05.

    I just revieved my backpay check covering from 10/05 through 5/08. My next monthly check will be 7/16/08.

    M J
  9. MamaDove

    MamaDove New Member


    My husband recently got his and the judge determined he was disabled from 2000, he recieved like 5 years back pay, they could only go back one year prior to his filing date, but I also recall that his judge was great and gave him some sort of 'special treatment' due to the mistreatment he received by SS not approving his in the beginning (he worded it much nicer) and gave him an additional 6 months...again 5 years approx. back pay...

    Check it out the best you can...

    Peace~MamaDove
  10. lighthouselady

    lighthouselady New Member

    I had my hearing date on April 30 and received 2 years back pay a couple of weeks ago. I was told by my disability representative that the ALJ judge decides from what date you are disabled. He said I was disabled from September of 05, subtracted the 5 months you have to wait to file and received benefits from March 06. This also qualified me for Medicare immediately, which was retroactive to March of 08.

    Hope this helps,

    Judy