I won my Social Security case! When do I get my benefits?

Your blog is a wealth of information. You have answered so many of my questions.

Thank you.

i got ssi award letter it said i can’t get ssdi but i earning statement say i have enough to qualify for retirement

I won my case on February 26, 2009. I have not herd anything snice . Not one single word of what is going on. My helth is deteriating. I have RDS also called CRPS. , Fibromyalgia, and just recently a Huge inflamed disc in my gluteus maximus. I have 2 childern to support, that live with me 24/7.And my stress is through the roof, heart burn that fells like battery acid on a good day, hair falling out in lumps and klups speratically(not the kind of look a single mom really goes for) and to top everything off panic attack just last week (ya thats one I so could of left unchecked). Many, many, more, but I'm sure you get the point. All I'm asking for is a letter to just let me know what's going on. A couple of minutes in a letter, three tops. A little communication goes a long way. Its all I'm sayin'. My health would thank them for it.

i live in baltimore maryland i just recieve an fully favorable by the ajl judge what is the next process

yes i'am getting ssa disability,will I get medicaid or medicare.got a letter saying fully favorable, will it be 30 days or 60 days before I hear something?

A case in editing already has the decision written (which is sometimes done out of the ODAR office with a decision writer), and is now being edited. Once that step is done, the judge has to sign the decision and it goes out the door.

Congratulations on the win.

A lot depends on the Judge. I have seen some judges take personal offense that an individual was receiving Social Security at the same time as unemployment insurance. However, Social Security has acknowledged that the standards for SSA disability and unemployment are different and not necessarily mutually inconsistent. Consider: http://www.socialsecurityinsider.com/2009/03/how-do-unemployment-benefits-affect-a-social-security-disability-claim/

Hi Sable,

That’s the only answer I can give you. *I* personally am not aware of any such regulation. But that is not determinative. Whether you may need to repay the state for unemployment is, strictly speaking, outside of my practice are (helping people get their Social Security disability benefits).

Since you have an attorney on your case, make them work for their commission and ask them!

That… doesn’t ring a bell. I can’t think of rule that would explain what you mention. There a 5 month waiting period. There’s income limits for both SSI & DIB. But, it sounds like there is something else happening. Talk to SSA about what is going on in your case.

Congratulations on winning your case! From what I have seen, when SSA get bad data in the system it can take quite a bit of time to get things corrected. I cannot speak to your specific circumstances, however, in general, I encourage people to try the following:

1) Find out what the problem is. Just knowing that the benefits have not been released is not enough. You need to know what the hold up is. Is there an workers’ compensation issue? Incarceration? Prior overpayment?
2) Find out who is working on it. Get the name and direct extension of the person who is working on the file right now.
3) Follow up regularly. I do not recommend calling daily. Social Security is amazingly overworked and you have to give people time to work on things. When you speak to the case technician, ask when the current step should be resolved. Calendar that and call back to follow up.
4) Document your contact with SSA. Keep a notebook with your attempts to solve the problem, and with Social Security’s response.
5) If the technician repeatedly fails to call you back when you leave messages, consider escalating the matter to the supervisor at that office. Be reasonable here: don’t leave daily messages and expect a call back the same day. However, if you leave only one message a week and after several weeks you still have not received a call back, escalate. Note: if there is a deadline that may affect your rights, you may need to escalate sooner, or pursue other remedies.
6) If all else fails and you have tried to leave messages, escalate, and you cannot get a response out of Social Security, consider getting your Congress-person involved.

Please keep in mind that my general disclaimer (this is not legal advice) applies.

another question, what happens if i buy some stocks or future contracts and i make some money. after the end of the calender year i get a 1099 showing x amount of income. would that affect my ssdi?

thanks, gary

Thanks Tom, i read about the “internal response” on another blog. my attorney just keeps telling me “in a few weeks” or “you should of already got it”.

Thanks for hosting this blog!

Thanks again, Gary

Honestly, if you got a fully fav letter 2 months ago, not that much time has passed. I often see it taking 3 months or so for back benefits to be released. Normally, if the atty has received payment and any auxiliary benefits have been released, the claimant’s back benefits are soon to follow.

Since you have an atty, have them give SSA a call to see if there is a hold up in releasing your back benefits.

Good luck!

Hi George.

I have have a number of instances of worried calls from my clients who have contacted the SSA 800 number and received incorrect or incomplete information.

Even though a regional payment center handles the processing of SSDI benefits, I have found it is often better to contact the local office to check on the status of benefits (versus contacting the 800 number).

Good luck!

My Lawyer Called me Yesterday And Told me The Judge Was Going To Find Me Disabled And From Back When I Turned 50 !! Man What A Relief !! Now Waiting For my Letter I Suppose And Money !! How Long Before i get The Letter And back Pay & 1st Check !! Anyone Please !! Thanks ben !!!

i have won my appeal for dla i was told im entitled to middle rate carecomponent frm 4 oct 2010 til 4 oct 2012 how long wil it take to recieve money thats owed and how much is it weekly

Tom,
I am a wounded warrior ( OEF) and rated through the VA as 100% disabled and have been since 2006.
I filed for my SSDI in Feb 2006 and was turned down I went through the appeals court with the law judge in 2009 I was turned down again while waiting for my next appeal I called my congressman and received helped in getting my case reviewed in Falls church, VA they sent my case back to the same law judge and told him that he made the decision and to look at the case again. A week before my hearing
The judge calls my lawyers to make a deal saying he would approve my case if I would except Jan 2010 as my date of disability. I had a stroke at that time. I received my letter from the judge showing my fully favorable decision on march 14 2011. How long does it take to start receiving my first cheek.

Wounded from Texas

i will keep you in my prayers ….. i just got approved on the 17th after 3 years. I wish you and your family the very best it is a bear what all you must go through. i hope u gets lots back. you have a great night now….
m

I know how frustrating these long decisions can be. However, a case in “final edit” for a month is not that long (even if it has been seven months since the hearing). I realize that this is not very satisfying, however, things are moving forward (even if slowly).

Hopefully, you will win your case. In my experience, benefit processing takes between 45 days to 90 days.

Good luck!

When this happens to me, I call the main number and hold for the next attendent. Sometimes, the case technician is on vacation, or the case has been transferred to another person. If the case is still with the same case tech, it is also possible to escalate to their supervisor.

First of congratulation to you for this achievement and it’s really great for you.

i would like to see my fully favorable decision details and what i need to do now i have been waiting iwould like to see when i will receive my benefits

Hi Lori,

You are not going to like it, however I consider transferring from work to Social Security disability with no loss of income as an unrealistic request. The processing time on an *initial* claim is about 4-6 months (in Colorado). Also the test of disability under Social Security is an inability to perform work (at a substantial gainful activity level). http://www.socialsecurityinsider.com/2008/08/am-i-disabled/

Theoretically, if an individual’s impairments limited to working below the SGA threshold, they could continue to work and apply for benefits. http://www.socialsecurityinsider.com/2007/12/useful-site-social-security-substantial-gainful-activity-amounts-by-year/

However on DIB claims, there is also the 5 month waiting period during which SSA withholds benefits: http://www.socialsecurityinsider.com/2009/04/what-is-the-5-month-waiting-period-in-disability-insurance-cases/

Conceivably, it could be done to document a declining ability to work and basically build up the case before the individual stops working to try to minimize the time without income. However, as lawyers (and non-lawyer representatives) work on a percentage of back benefits in most cases, and you are basically asking any lawyer to “keep my back benefits to an absolute minimum,” because you want a smooth hand off from work income to disability benefits, a standard fee agreement may not work.  If an individual asked my office to do something like this, I would probably require a fee petition based fee agreement along with a sizable deposit toward fees. http://www.socialsecurityinsider.com/2009/05/what-is-a-fee-petition/

So, it is difficult, potentially doable (or at least tryable), but costly.

Good luck Lori!

I have some advice for folks: Don’t go with Binder and Binder.  They are not advocates in any sense of the term.  They push paper around and pass on costs for medical records that will never be used.  They do this only to maintain an illusion that they are doing something for you.  They are not. 

I had an interesting conversation with the state SSDI claims analyst handling my case:  She had never, ever heard word one from anyone at Binder and Binder about my case, period.  Binder & Binder had told me that they had spoken with her and made arrangements so that I did not have to appear for a medical examination.  That was a lie.  She told me that my failure to appear was considered an act of bad faith and that as a result my case was in imminent danger of being denied. 

Binder & Binder has a vested interest in  this I think.  If your case is denied and goes to the appeals level, it takes longer and if you get approval your back SSDI pay is larger and they therefore maximize their cut.

So take care!

That’s very frustrating. Especially since you don’t know what happened. Hopefully the denial letter will give you some idea of what happened. The denial also lays out your appeal options. If SSA just denies the claiming stating you are not disabled, you can still appeal to the next stage (either a Reconsideration or a Hearing — depending on your state). You can also appeal if there was a different problem. But, it all depends on what the denial says.

and i also wanted to know can you get advisability for such a diagnosis for ptsd and the fact that i was with the state which caused my ptsd. When i filed and did my phone interview she asked me haven’t anyone tried to file these benefits for you in the past i said i don’t know i was a ward of the state in the age of 21 and realized that i cant make it out here on my own i have nightmares about the things that happen to me in the so when i went to the examination the lady said i have ptsd and i should get approved so i wonder how long its going to take. I call ed and the lady said that they haven’t got the report back but then when i call the 1800 number they say its at the field office so what should i do now

I have gotten approved But I got a partially favorable decision and I got told to show up for an appointment but they still haven’t told me if I’m getting paid the norm or what or even when I’m getting back pay from or nothing. How long does it usually take for a partially favorable decision recipient to figure out how much I get and when I’m gonna get it. Help n e one lol.

Had my hearing on Sept. 1st and the judge stated I would receive a fully favorable decision in the mail. Got the decision in less than a month. The 24th is when I actually received it. I’ll have 28 months of back pay according to the judge’s ruling. Now I assume the SSA office is calculating payments and back pay, can I expect an award / statement letter and eventually a payment within 30-90 days? Is that 30 – 90 days from the date I got the judge’s letter or 30-90 days from the beginning?

My daughter had a hearing in June 2011 she  has therthering of the spinal cord, carpal tunnel, unlar nerve, left arm loss of use 45% She could get ssi but Hubby makes to much, the judge requested she go to Mental/Ortho doc, where  the reports say on mental end Bi-polar1, Post tramtic stress ( chronic),  Obsessive compulsive disorder, Mood disorder, and borderline intellectial functioning.. Also said she can’t handle money. The Ortho put her as she could do all thing 1/3 of a 8 hr day ( whatever that means) Ortho also stated that this would last more then 12 months  THAT appt WAS July 2011, and still havent heard anything< What are the odds of her getting approved ?

I recently called SS to setup direct deposit for my monthly payments. My lawyer called me and told me in may that my case was reviewed and I won. I still have not receive my award letter but the operator at the SS office I spoke with told me my first payment should begin next month. Why are they going to start the payment without the award letter? 

Back benefits depend on the type of case (SSDI vs SSI), the filing date, and how far back the judge found an individual disabled. This goes over it: http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

I filed for SSI and SSA in 1997, the lawyer I had at the time did not do anything for me at the hearing niether did appeal withing the 60 day piriod, so I hires another lawyer and he filed a appeal for good cause, we still waiting, in the mean time I file a new application and got deined, back in august got a letter saying thet I should get a letter soon for my hearing, but nothing yet in the mean time I’ve had 4 heart attacts and was Baker Act for trying to commit suicied.

I had a hearing in August 2011. Recieved a decision from the judge right at the hearing and then 2 weeks later on September 16th I recieved the copy of his decision as fully favorable. It is now going on over 60 days since the hearing and I have heard nothing! How much longer is this going to take? Should I contact my lawyer?

Thank you! I was so glad I got the decision while I was sitting there! Contacted my lawyer today. Apparently the fee agreement that he signed was lost at the payment center and another one had to be sent. My lawyer still has NOT been paid! I am getting so angry! I hope this resolves soon!

oh yea i will start getting my monthy benefits in dec

I don’t know your case so I really can’t say: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

You sound like an idiot who pretends to know but knows nothing,must of spent alot time in jail (jail-house lawyer)

My freind and his Girlfriend are both disabled. he is getting full disability for  Parkinsons. He is young like Michael J Fox. They have 4 children of their own and she has 2 by a previous marriage.
She applied and was awarded her  benefits. That was over 4 years ago. Our US senator has gotten involved. She has brain cancer and even the senator can not get the local office to break loose with the back payments or thier monthly checks.
The local office has been playing games with them for over 4 years. They have had judgements in court that order SSI to pay up immediately.There seems to be no interest in morals or ethixs within this governmental body.
They are wanting to take their kids to Disneyworld, but have no money. She will most likely not get to see the smiles of her children at Disney before she passes away.
Nobody seems to care.
They can not even afford a car anymore. They rely on family to get her to and from Doctor’s hospitals and treatments.This summer will be 5 years since she was awarded her benefits, but nothing has happened.

I’m not sure if I know *all* the reasons why SSA might withhold backpay. Some of the reasons include paying attorney fees, owed child support, workers’ compensation offsets, Social Security overpayments. Benefits may also be reduced/recalculated based on earnings/gifts/awards etc during the disability period (SSI claims), or periods of incarceration or treatment in a public institution (state hospital) for more than 30 days.

Most commonly, states provide “interim assistance” for individuals applying for SSI. The individual receives some monthly cash benefits which have to be repaid if SSI benefits are paid for the same months. There is typically a signed agreement that outlines how this works. An individual can also contact their local Dept of Social Services/Human Services for more information. 

I personally have not seen back benefits automatically going to pay county medical bills or prescriptions. That’s not to say it is impossible. It would depend on the agreement signed. Usually, medical providers hope to be reimbursed by Medicaid (SSI) or Medicare (SSDI) if available. 

this was auxilary claim for 3 children going 8 months retro because of date of marriage to my wife(needed to be married for 1 yr)