6Jun

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

By Tomasz Stasiuk, June 6th, 2008 | 5 Starting Benefits | 76 Comments

After waiting months (even years) to get your Social Security hearing, and then months more to get the decision, you finally have it! Social Security has found you disabled. It is “Favorable” (either Fully Favorable or Partly Favorable).

Ok, now what? When do my benefits begin?

Here’s the thing: Social Security disability claims have two parts:

Part 1. Determining if you are disabled? That was what the hearing was about.
Part 2. Determining your eligibility for benefits, the benefit amount, and the amount of back benefits if any.

Part 1 is done. Part 2 is just starting…

Social Security needs to determine your monthly benefits and the amount of your back benefits.

If you were applying for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), your benefits for each program are calculated separately by different Social Security offices. In other words, your file now flies off in two separate directions. SSDI is processed by a regional payment center, while your SSI benefits are processed by your local Social Security office.

Once the processing is complete, you will receive separate notices about your benefits for each program. In the upper left side of each notice it will either say “Retirement, Survivors & Disability Insurance” or “Supplemental Security Income.” That is how you know whether the letter is talking about your SSDI or SSI benefits.

Your SSDI benefits will probably be calculated first. Once your monthly benefits and back benefits are calculated you will receive a “Notice of Award” letter, summarizing your benefits. This is usually followed by an “Important Information” letter, which gives you more information, including when you can expect payment.

Your SSI benefits are handled by your local Social Security office. You have to be disabled and qualify financially to receive SSI. Your local Social Security office will contact you to go over your income and assets to see if you still qualify. Please note: Social Security will consider your SSDI benefits in determining your financial eligibility for SSI. So, your SSI benefits may be reduced or eliminated for any months that you also receive SSDI benefits.

Just as under the SSDI program, you will receive a “Notice of Award” letter followed by an “Important Information” letter describing your Supplemental Security Income benefits and when you can expect a check.

Processing your benefits should take approximately thirty (30) to ninety (90) days.

The good news is that this part of your Social Security case is mostly automatic. You may be asked to provide pay stubs, bank statements or other documents, but remember you are in the home stretch!

photo credit: thomas_sly

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

lauren777

Trying to find out the decision from the law judge about my SSI
Linda

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

Thank you.
http://www.pacnetservices.com/index.php PacNet

Still waiting for a result regarding my SSI
cathy889

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

ok i have been through all of this it took about 3-4 years and a lawyer to win my sons case….he gets the monthly check……but there is a back amount owed to us($25,000) but they will not let me touch it…they says it has to be used on medical(which he has medicaid) and school nothing else??? they had deposited 1,900 in a account i had to open…i spent the money on buying my son clothing a bed, paying bills(that do benefit him) and they tell me i misused this money and i have to repay it(i have no money to repay that)!! right now i have no car to get my son to doctor appointments….and i cant use the money to even purcahse a cheap car that will get us going where we need to be!! i guess i'm just wondering if anyone has any suggestions or knows who i can call to get info on this matter!!!
Jaymee Hyatt

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.
http://www.SocialSecurityInsider.com/ TomaszStasiuk

Have you called SSA to see what the hold up is?
mitzilee

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

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?
gerald franklin

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?
Desiree Lewis

I had a hearing for my ssi and ssdi in June, I was told my case is being edited what does this mean? Also the medical expert that was there to testify, says in his opinion he doesn't see me working at any level, is this a postive for me?
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

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.
Pingback: Super fast Social Security disability benefits | Colorado Social Security Law
Sable_licious

Yesterday, out of the blue, I received a call from SS to make a appointment for a phone call with me in two weeks. I asked what the appointment was for, and the lady stated to talk about your appoval for your benefits. I was shocked.

17 months ago, I applied for Social Security. I was denied. My disability is Cancer. I have been though hell and back in the last year, chemo…radition, 4 surgeries, and still undergoing treatment. After the denial, I hired a lawyer, and she was able to get me a appeals hearing within 8 months.

The hearing was about 3 weeks ago, and I thought it didnt go to well. WHY? I been drawing unemployment for the last year because I was eligible. The Judge stated to draw unemployment you have to be looking for work. I said yes, I was aware of that. He then asked “Did you look for work?” I said no. I explained that during the last year, with the chemo, radiation, surgeries, endless doctors appts, that I was just trying to survive. Plain and simple. The judge said Ive heard enough, and the hearing ended. So to my complete surprise…I was appoved. So now the important question. Will I have to pay back all the unemployment out of my back pay? The lawyer told me that the federal government usually doesnt police the state, but she was unsure. What do you think?
http://www.StasiukFirm.com TomaszStasiuk

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/
Sable_licious

Thanks Tom for your answer. But…it didn’t answer my question, lol. The ALJ came down pretty hard on me about the unemployment, and it seemed as if he wasn’t even concerned about my disability. My lawyer…spoke for about 2 minutes, and was cut off by the ALJ. He then began to grill me, the hearing lasted 20 minutes total.

I’ve looked at alot of sites about the unemployment/Social Security, but my question seems to be up in the air. My lawyer knew that I was receiving the unemployment and never, not once…even seemed to consider it would arise as a problem. Also, when I first applied for SS, the lady at the SS office told me I could receive SS and unemployment at the same time. I told the ALJ this too.

Sp back to you TOM, have you ever heard, in any case law, that the SS withheld “back pay” to reimburse the state for unemployment? Thanks for your prompt response!!
http://www.StasiukFirm.com TomaszStasiuk

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!
Sable_licious

Is it true you only get 6 months back pay on SS if you have an income over $700.00 monthly?
http://www.StasiukFirm.com TomaszStasiuk

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.
Foxxy Brown65

I got approved for SSDI I got my decision letter, notice of award letter and my Medicare card…but no money on my award letter it only mentioned my monthly amount but no backpay or when i will receive first check. I called SS and they told me there was some code of incarceration she asked me have I been in jail I told her never in my life but I was in a stabilization unit for a week due to possible suicided do you think it will take months for them to gather what they need before I can receive my benefits?
http://www.Planet10Tech.com TomaszStasiuk

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.
Gilberto

hi tom, my appeal hearing was june 30, 2010, i received a letter on august 18,2010, stating that i had a partially favorable ruling. i receivd my medicare card in october 2010, and started receiving my monthly check in october and my second check in november. i am still wating for my back payment, i did receive workers compensation for five years from 2001 to 2006, i then got a settlement from them based on the level of my permanent disability. then in 2009 i was desperate for cash and settled my future medical with workers comp. i call social security over 10 o 15 days and they give my an amount of what they are going to pay but no time frame as to when they are going to pay. today, they told me that my attorney has been paid (my attorney has not informed me, i’ll call them monday). i read on a blog a little while ago that every time i call social security i am actually triggering an internal response that causes another person to look at it.

please advise, gary
Gilberto

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
http://www.Planet10Tech.com TomaszStasiuk

I can’t advice, I can only provide general information on this site (plus you already have an attorney). I have not heard of a “internal response” triggered with every call. Some times I wish there was something like that since it is often difficult to get information out of Social Security.

Give your lawyer a chance. He or she should be able to go over what is happening now and walk you through the next few steps and give you estimates on when your benefits should come in.

Good luck Gary!
Gilberto

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
Tara Jhons

Thx for the reply Tom…well SSA took care of it a woman had the same name and birthday as me but in a different state. Now that is cleared up my next issue is …my lawyer got paid and so did my daughter for backpay as to she wasn’t 18 according to the judge set date, I have not received any money I got a letter telling me that the SSA is withholding 7months I guess for prior workers comp and such…but I never been on works comp or anything like that (my backpay is from March 09) I did receive unemployment in 08 before i applied for SSDI my attorney knew this but wasn’t very concerned. Do you think they are withholding back pay because of the unemployment and if that was the case wouldn’t the attorney and my daughter not get paid? I won back in Oct 2010 and still waiting I’ve gotten my fully fav letter,award letter and medicare card….but still no payment.
http://www.Planet10Tech.com TomaszStasiuk

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!
George Barnes

Hello Tom,
I had an ALJ Hearing August 18, 2010. I received a fully favorable letter on October 12, 2010 stating I was approved for SSI and SSDI. I then received an award notice for the SSI part on November 10, 2010 and my first SSI check on December 1, 2010. I still have not heard anything from SSDI and I called the 1800# and they just see SSI and not SSDI. Do you have any idea when I may receive an award notice from SSDI and how long it takes? I did receive a letter for the ticket to work program on December 21, 2010, but still no notice, no check or back pay information.

Thank You,
Mr. Barnes
http://www.Planet10Tech.com TomaszStasiuk

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!
Jbbryant09

Im 51 Will Be 52 Years Old On March 10th 2011 !! I Filed For Disability 5 Years Ago Been Turned Down 3 Times And Went To My hearing Tues Feb 1st 2011 !! Me & My Lawyer !! After The Hearing Was Over I Was Already Out And Then My Lawyer Came Out And Told me This !! ( Well, I Dont Have A Crystal Ball , But That Went Well, It looked like He Felf pretty Confident About Me Winning , But Said I Cant promise Anything . He Was Telling me That if he Approved It , It Would be From Back When I Was 50 Years Old. And I Would get Back Pay From 50 On. So With All This Said , What Do Yall Thank.!! Sounds Like Ive Got It To Me !! Im Sure Hopeing So !! Please Leave me A Comment On If You Thank It Sounds Like Ive Got It To You All , Please !!! Thanks To All !!!!
Jbbryant09

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 !!!
http://www.Planet10Tech.com TomaszStasiuk

Congratulations! That’s a fast result.

As mentioned above, in my experience, it usually takes between 30 and 90 days to receive an award letter and receive benefits. Sometimes benefits are processed super fast: http://www.socialsecurityinsider.com/2010/02/super-fast-social-security-disability-benefits/

Your lawyer should be able to give you an idea of how long it may take where you are.
Bowyer Dawn

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
http://www.Planet10Tech.com TomaszStasiuk

Congratulations Bowyer! Thanks for reading and taking the time to comment. However, this site discusses the US Social Security disability program. I suspect you will have better luck asking about the Disability Living Allowance program on a UK site. All my best.
Janvier

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
http://www.Planet10Tech.com TomaszStasiuk

Hi Janvier,

Thank you for taking the time to comment. You have been through a lot in getting a decision.

Your lawyer is in the best position to estimate how long it will take to process benefits in your area.

In Colorado, I see benefit processing times between 1-4 months. DIB cases get processes faster since SSA does not have to determine financial eligibility (as in SSI cases). Concurrent SSI / DIB cases take longer as two separate offices process benefits. Processing times may also increase if there are Work Comp or interim assistance repayment issues, prior overpayments, or periods of incarceration during the disability period.

Good luck Janvier, and thanks for reading!
sniper

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
Redmancheyenne

I had my SSDI hearing seven months and two weeks ago. ( Sept 15th 2010) A decision was made the
1st week of January 2011. It’s been written and is in final edit since the second week of March, almost 5 weeks. My lawyer says it’s not unusual things taking this long. But it dosen’t sound too good to me. I had my hearing by video conference in Falls Church.

Is it common for it to take more than six months before you find out what the decision is? If it’s favorable, I hope it dosen’t take another 7+ months for benifits!
http://www.Planet10Tech.com TomaszStasiuk

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!
annette fraire

my son was approved for ssi in may n they told me he would start recieving in june 2011 and i still havent recieved anything i try calling the case worker and shes only answered once she told she would have an answer at the end of the day never heard from her again tried calling everyday but she dont answer
http://www.Planet10Tech.com TomaszStasiuk

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.
http://www.Planet10Tech.com TomaszStasiuk

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.
http://www.register-domainname.in/ Domain Registration India

First of congratulation to you for this achievement and it’s really great for you.
Jamesbond1009

sounds good, i had my hearing over a month ago.. took about 28 days to get decision from ALJ. got a fully favorable decision. after the hearing my lawyer also told me ” that went very well ” … so it sounds as if you may get it… hope by time you read this you will have gotten good news!
http://profiles.yahoo.com/u/TJEB4RZYP57SLYNI6GUK6IRYRM Mr.ACE Houses

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
Loriblackwell

I have been diagnosed with Gluteus Medicus and Trochanteric Bursitis. My job consists of me walking 8 hours back and forth with 30 registers and throughout the store. I am a front end supervisor of a large retail chain. I can’t do this job anymore with the pain in my leg. I’v have had a fusion in my back also about 10 years ago. I am hurting so bad. The doctor said I could be in a wheel chair if I don’t stop. There is a surgery but it is only 50% that it will work. I need my job to survive. I can’t quit. My question is how do I still work and file for SS Disability without loosing any income. I have 2 wks vacation days and 122 hours of sick time, but it is not enough to go throughout pay until they tell me I qualified or even if I did. I could lose my job then and diffently have no income then. I don’t know what to do or what to do first. Can you or anyone help me to decide or lead me in the right direction. I am so desperate. Thank you.
http://www.Planet10Tech.com TomaszStasiuk

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!
Azador

Hi, I had my hearing with a judge Sep 7th, 2011, he awarded me my disability during the trial. Now I am curious how long it will be before I receive my first payment. I know the back pay will take awhile, but they have already sorted out how much I am receiving every month and information like that. I was awarded SSD and SSI, but the amount of the SSI has yet to be determined. This process began over a year ago. I was denied by Social Security and appealed with an attorney.
Anonymous

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!
Shaq667

I received an award letter saying I’mapproved for ssi. Now ssi is telling me that was wrong and my case is pending. I called back today they are saying I’m denied. Has anyone ever hear of this and if so, what should I do??