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

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. We 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 as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are 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 make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results 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. We’ll do whatever it takes to make sure our client is taken care of.

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Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

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As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

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Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

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Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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