Can an Attorney Help Me Get SSDI Back Pay in Chicago?

An attorney can help you get SSDI back pay in Chicago by properly documenting the onset date of your disability, presenting a solid case for back pay, ensuring an accurate calculation process, and representing you in case of disputes. When your Social Security Disability Insurance (SSDI) claim is approved, you may be entitled to monthly payments as well as back payments for the period before your approval date. An SSDI attorney will be crucial in proving you qualify for SSDI benefits and back pay.

If you have questions about your SSDI back benefits in Chicago, call 312-263-7560 for a free consultation with one of the skilled SSDI lawyers at DePaolo & Zadeikis.

How Does SSDI Back Pay Work?

Delays between SSDI applications and their approval for benefits are common. In the last decade, the Social Security Administration (SSA) has received over 2 million applications for disability benefits on average each year. With so many people applying for benefits, processing applications takes time. Fortunately, you can receive SSDI back pay for your past-due benefits.

Once your SSDI claim is approved, you may be entitled to back payments for the time between your application for SSDI benefits and when you were approved for benefits. You may also be entitled to retroactive benefits if you were disabled well before filing your SSDI application.

Retroactive benefits cover the period between the onset of your disability and the date you filed your SSDI application. For example, suppose one of the qualifying conditions for Social Security Disability stopped you from working, and you applied for SSDI benefits eight months later. You would be entitled to eight months of retroactive benefits if the SSA agrees with your claim. SSDI retroactive payments are capped at 12 months.

Mandatory Waiting Period

There’s a mandatory five-month waiting period from when you become disabled. The SSA won’t pay you back benefits during this period. Your SSDI benefits and back pay will kick in on the sixth month.

Let’s say you became disabled on September 1, 2023, and applied for benefits on November 1, 2023. You were approved for benefits on August 1, 2024. The period between the onset of your disability and SSDI approval was 11 full months. Due to the waiting period, you would only be eligible for six months of back pay. If the SSA determines your monthly benefit is $1,800, then your back payments will total $10,800.

How Long Does It Take to Get SSDI Back Pay?

An SSDI claimant typically receives his or her back pay within two months of being approved. The SSA usually pays SSDI back payments in one lump sum. SSI back benefits are paid in installments. If you receive both SSDI and SSI, you’ll likely get your back payments in installments.

SSDI Back Pay Taxes

SSDI back pay may be taxable depending on your total annual income. Your back pay will be subject to taxation if half of your SSDI monthly benefits and back pay plus all your other income for the year cross the taxability threshold ($25,000 for a single filer and $32,000 for a married couple filing jointly). The IRS allows you to mitigate your tax obligations by redistributing your back pay into the income of previous tax years.

The Role of an Attorney in Obtaining SSDI Back Pay

Pursuing back pay as you try to get SSDI benefits can be a lengthy and challenging process. Here are some ways Social Security disability lawyers help SSDI claimants secure back payments.

Helping You Win Your SSDI Claim

You can’t qualify to receive SSDI back pay if you don’t win your claim in the first place. Studies show your chances of getting your SSDI claim approved increase when you have legal representation. A Social Security disability attorney will help you gather the necessary documentation to support your disability benefits eligibility, complete your application correctly, provide representation during the appeals process if your claim is denied, and ensure compliance with all the SSA filing requirements. By providing the support you need to have your claim approved, an attorney also helps you get back payments.

Establishing the Disability Onset Date for Your Case

The onset date for your disability is a crucial factor in determining how much back pay you’ll receive. The wrong date could hinder your chances of having your SSDI application approved or cost you back benefits. A favorable onset date could entitle you to retroactive benefits for up to 12 months prior to your application date. A disability attorney can guide you through how to apply for disability benefits and help you establish a favorable onset date to maximize your back pay.

Your established onset date will be the date the SSA believes you became disabled, which is typically the date of your application. A disability benefits attorney can help you challenge your EOD if your disability started well before the date you applied for SSDI benefits.

The evidence you present will be the basis for establishing the onset date for your disability. An attorney will focus on proving your disability started as far back as possible. Your attorney will help identify, gather, and present the compelling evidence needed to substantiate the earliest possible onset date for your SSDI claim. Your attorney can use the evidence to convince an administrative law judge of a more favorable onset date that lets you recover more back pay.

Ensuring Accurate Calculations

Calculating back pay can be complex. Factors like the exact onset date and deductions, such as deductions for child support and tax debt, can complicate calculations. Mistakes in back pay calculations can also happen and leave you with less than your rightful amount. Having an SSDI lawyer representing you is helpful, as the lawyer will know how to calculate your back payments correctly and help you understand how much back pay you should expect.

Navigating Delays

Mistakes like incorrect details and missing information in your application can cause delays in your receipt of SSDI back pay. An SSDI lawyer helps you avoid delaying your benefits and back pay by assisting in providing all the required information accurately, submitting supporting documentation promptly, and managing communication with the SSA.

Claimants usually receive their back pay within 60 days of their claims being approved. In some cases, a claimant may fail to receive his or her back pay for months due to circumstances beyond the claimant’s control, such as processing backlogs and communication breakdowns between the local SSA office and the payment processing center. If you have a Social Security disability attorney working on your case, the attorney will follow up with the SSA to determine the cause of the delay and work towards resolving the issue as soon as possible.

How to Choose the Right Attorney for Your SSDI Claim in Chicago

Having the right lawyer by your side throughout the claims process reduces your stress, makes you feel more confident, and could make a considerable difference to the outcome of your SSDI case. When you’re looking to hire a lawyer for Social Security Disability, take the following steps to find an excellent lawyer for your case in Chicago:

• Research local attorneys: Location is important when choosing an SSDI attorney. It’s best to work with a local attorney. Such an attorney will be familiar with the local SSA offices and can meet you in his or her office or any other place that’s convenient for you.
• Check reviews and testimonials: Find out an attorney’s reputation by reading online reviews and testimonials. Pay particular attention to feedback on the attorney’s responsiveness, communication skills, and professionalism.
• Assess track record and experience: You want to work with a lawyer with experience and expertise in handling SSDI claims. Find out about the law firm’s years of experience and success rate for disability claims.
• Evaluate how the attorney communicates: Effective communication is an important consideration, since you’ll likely be working with the attorney for months or years before your disability case resolves. You need an attorney who responds to your questions promptly and provides regular updates. Assess how quickly an attorney responds to your emails and phone calls. An attorney who takes days or weeks is most probably poor at communication. Poor communication could lead to the denial of your claim.
• Schedule a consultation: Most SSDI attorneys offer a free initial consultation. Take advantage of this to ask questions, learn the kind of person the attorney is, evaluate whether he or she answers questions to your satisfaction, is easy to speak with, and determine whether you’d be comfortable working and sharing sensitive personal information with the attorney.

At DePaolo & Zadeikis, we can help you obtain the maximum SSDI back pay and monthly benefits you qualify for to improve your financial position. Contact us today for a free consultation to learn how we can help you with your SSDI claim in Chicago.