Can You Get Back Pay From Social Security for a Disability That Was Denied Earlier?
Social Security denies many disability applications, and if you've filed a claim and received a denial, you must appeal that denial or file a new application. When considering your options, remember that there is an important difference in Social Security's treatment of back pay in these two situations.
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Back Pay Rules
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Social Security will pay back-pay on approved disability claims, up to the date of the onset of your disability, with a limit of 12 months prior to the date of your application. The agency imposes a five-month waiting period before you can actually receive benefits, however, so the effective starting date for back benefits can be up to seven months before your application.
Denied Claims
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If Social Security denies your initial claim, you have 60 days from the date of the denial within which to file an appeal. If you are denied again, you have 60 days from the date of the second denial to file a Request for Hearing. If you meet the appeal deadlines, and eventually win the claim, then back pay still is payable up to seven months prior to the date of your original application.
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New Claim
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If Social Security denies you after a hearing, you may file a Request for Review. The claim goes to the Social Security Appeals Council, where a panel of adjudicators reviews the hearing decision. If you are found to be disabled, you will be eligible for back pay. At the same time, you may file a new claim, which Social Security may decide on before the old one.
Approval of New Claims
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If you win the new claim, you will only be eligible for back pay based on the second date of application. The Appeals Council's decision may also go in your favor, allowing you to draw back pay on the first claim. Filing a second claim after a hearing denial is always a good idea, since decisions of the Appeals Council typically take a year or more and in a majority of cases go against the claimant.
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