Winning your SSDI appeal often comes with past-due benefits, commonly called back pay. Here’s how it’s calculated and what to expect if you’re appealing a denial in Los Angeles.
The Building Blocks
- Alleged Onset Date (AOD): When you say your disability began.
- Established Onset Date (EOD): The date SSA (or the ALJ) ultimately accepts.
- Five-Month Waiting Period: Applies to SSDI cash benefits after the EOD.
- Filing/Protective Filing Date: Helps anchor how far back benefits can reach.
Your back pay generally runs from the EOD plus the five-month waiting period to the month before your award is paid. If your onset date is adjusted during appeal, back pay changes too.
Medicare and Back Pay
SSDI entitlement typically triggers Medicare after 24 months of entitlement (counted from the first month of payable benefits after the waiting period). Even if your cash back pay is large, Medicare timing follows this rule unless a special exception applies.
Offsets and Withholdings
- Attorney’s fees (contingent and capped by SSA).
- Certain governmental offsets or overpayments.
- Workers’ compensation/public disability coordination, if applicable.
We flag and challenge improper offsets and ensure your award is calculated correctly.
Why Onset Strategy Matters
A carefully supported onset date can increase back pay without undermining credibility. We use longitudinal treatment, objective tests, and provider opinions to justify the earliest defensible EOD.
Getting Paid
SSA typically pays back pay via lump sum, though logistics can vary. Keep your direct deposit current and notify SSA of address changes so funds aren’t delayed.
Back pay isn’t based on guesswork. It follows a formula that depends on your disability onset date, waiting period, and eligibility rules. Having the right evidence and a clear onset strategy can make a big difference in your payout. Have questions about your potential back pay? Contact the Law Offices of Tony S. Adderley for a free review.