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Everything You Need To Know About Receiving Disability Back Pay in Colorado Springs

Personal Injury Lawyers in Colorado Springs | Call 719-520-9909

Pursuing benefits from the Social Security Administration for disability can be an unfortunately long process, especially for those who are in dire need. Fortunately, in many cases, it is possible to get retroactive benefits based on your initial filing date.

These benefits may not go all the way back to your date of filing but they can help you with some of those accrued debts. Learn about SSDI and backpay, how far back you can get benefits, and the complications that can arise, as well as how a social security disability lawyer can help your case.

Understanding the Concept of Onset Date

There are two important dates that come into play when dealing with your back pay for disability benefits. These are the medical onset date or MOD, and the established onset date, or EOD. The MOD is the date at which you became disabled, from a medical standpoint. The moment you would qualify as disabled for purposes of SSDI, but don’t meet other necessary eligibility criteria, that’s your MOD.

More important is the Established Onset Date (EOD). This is the date that your impairment actually stops you from working, and you meet all of the established criteria for benefits. Determining your EOD requires meeting four specific criteria:

  1.      You can no longer perform your previous line of work.
  2.      You cannot do any other variety of work due to your condition
  3.      Your disability will last for at least a year or will result in your death
  4.      You meet all other eligibility criteria, including having the requisite work credits and are a legal resident of the United States for SSDI purposes.

What the Waiting Period Means

The SSA imposes a waiting period on all benefits after an application has been approved. This waiting period begins at your EOD and lasts for five months. This means that if your established onset date is June 1, your benefits become effective as of November 1, five months later. However, this five month waiting period begins on the first of the month following your EOD. That means if your onset date is June 2, your effective benefit date won’t be until December 1.

How Far Back Do Payments Go?

Retroactive payments, or “back pay,” from the SSA are limited to one year, or twelve months, not counting your five month period. Considering the example above, and setting a date of 2015, if your EOD was June 2, 2015, and you are approved on November 1 of 2016, you can collect back to November 1, 2015.

Even if approved before that, say on September 12, you can still collect back to November 1, 2015, as that’s the date from which you are eligible for payments (following your waiting period). Likewise, if you aren’t approved till December 1 of 2016, you will be awarded back benefits to December 1 of 2015, 12 months earlier.

Calling a Disability Lawyer

Applying for and receiving SSDI benefits can be a long, confusing and stressful process. Often, your best bet is to get help from a social security disability lawyer, who can help steer you on the right path. If you are in this position, contact the disability attorneys at Heuser & Heuser for help today.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value.

We look at how the accident occurred: How did someone else’s carelessness lead to the accident? Did your actions also contribute to the crash?

We also look at what sort of injuries you sustained: Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills?

We look at lost wages: Did you lose your job? If you have permanent work restrictions due to the accident, you may not be able to find a job very easily in the future.

These are only some of the factors that we look at in evaluating a claim. You may have additional losses to account for in a claim, and sometimes additional evidence or expert witnesses will be needed to support an evaluation.

At Heuser & Heuser, LLP, we can identify those factors during a free case evaluation, during which you tell us your story so we can take the first step in building a legal strategy at no financial risk to you.

Every case is unique and different. That’s why our lawyers at Heuser & Heuser, LLP give each case personal attention during case reviews and evaluations for potential claims.

At Heuser & Heuser, LLP, we have a strong track record of positive case resolutions for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements.

We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases.

Each case and client has different needs and options, and we’ll do whatever it takes to take care of our clients. We can identify the right path for your case during a free case evaluation.

Insurance companies are in business for a reason: to make money.

Anytime the insurance company is paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks.

Quite frankly, you do need a lawyer to help you through this because your lawyer will stand up for your interests and seek proper compensation on your behalf.

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No Fee Unless You Win

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Our Attorneys

Personal Injury Lawyers in Colorado Springs, CO | Call 719-520-9909

Gordon J. Heuser, Esq.

Partner | Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 40+ years.…

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Personal Injury Lawyers Colorado Springs, CO | Call 719-520-9909

Brennan D. Heuser, Esq.

Partner | Attorney

Brennan Dale Heuser is a Colorado Springs native who enlisted in the U.S. Army in…

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Personal Injury Lawyers in Colorado Springs | Call 719-520-9909

Shannon R. Colt, Esq.

Partner | Attorney

Shannon Colt isn’t your typical attorney. Originally from Idaho, she moved to Colorado Springs as…

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Injured? Contact Heuser & Heuser, LLP. We Are Committed to Providing Southern Colorado Tailored Legal Guidance and Peace of Mind On the Road To Recovery!

Seeking the legal help you need has never been easier. The sooner you contact Heuser & Heuser, LLP, the sooner we can start working for you!
  • Tell us your story during a free consultation
  • We will tell you if you have a case and assess potential value
  • Our personal injury attorneys can handle the insurance companies
  • Our experienced Colorado trial attorneys will seek a settlement for the money you need while you recover, and we will represent you in court if it is necessary to pursue fair and appropriate compensation for your injuries and expenses
  • You only pay us if we win money for you
  • You focus on your physical recovery and your life
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