I have filed for SSA and SSI disability benefits in Nov 2018, later denied, appealed and granted SSA(SSI under financ review) disability by ALJ in Aug 2020.
1st Question: Local SSA office says will start paying from Feb 2019, not from the date of filing -Nov 2019 and claims 5 months waiting period. Is this even legal? 2nd Question: Also I was on State disability for a period of time in 2019 after I filed SSA application in Nov 2018. Will SSA Lumpsum be paid for the period I was on state disability?
ALJ decision: "..Notice of Decision - Fully Favorable: Based on the application for a period of disability and disability insurance benefits protectively filed on November 20, 2018, the claimant has been disabled under sections 216(i) and 223(d) of the Social Security Act since September 1, 2018.."
Letter from Local SSA after ALJ decision: “You are entitled to monthly disability benefits beginning Feb 2019. The Date You Became Disabled We found that you became disabled under our rules on September 1, 2018. To qualify for disability benefits, you must be disabled for five full calendar months in a row. The first month you are entitled to benefits is February2019.”
1. Yes, the five month period of non-payment starts from the date the judge found you meet Social Security’s definition of “disability” as the letter states. You do not get disability payments for those months. Why not? You have to ask Congress who writes the rules.
2. For each month that you received SDI from California that overlaps with a month that SSA pays you in back payments, SSA will first pay back the State and then pay you the difference. You agreed to that when you applied for SDI.
I agree with Mr. Kalish and his answer in regards to SSDI benefits. I will defer to him an SDI as that is a state specific program. I will point out that there is not a five month waiting period for federal SSI benefits, however, it is likely that your SDI payments would preclude receipt of SSI.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
The 5 month waiting period is accurate and you may have been eligible for SSI benefits for those 5 months, if you had done a SSI application at the time you applied.
I agree with Mr. Kalish regarding the 5 month waiting period rule. However, with respect to the SDI, Social Security does not pay back the state for benefits received during the same period you should have received Social Security. However, there may be an offset of these benefit when Social Security calculates the past due benefits owed.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline