About Armando R. Aldereguia Expertise Social Security claims
Railroad retirement disability claims
Veterans Disability/benefits claims
Federal employee retirement system
Civil service retirement system
Experience 17 years of handling claims at all levels of Administrative Appeals, including nearly 2000 hearings.
Organizations American Bar Association
Florida Bar
Miami-Dade County Bar
United States District Court Southern District of Florida
Hispanic National Bar Association
Education/Credentials J.D.Nova Southeastern university
M.B.A. University of Miami, specializing in Health Care Management
M.D. Universidad Eugenio Maria De Hostos
Pre-med University of Miami
Question If it is determined that my disability began in May 2005 and I just recently applied in May 2008, will I receive Disability back payment from the date it is determined that my disability began? I understand that Social Security is paid 6 months from the date it is determined the disability began, but some people say this only counts if I had already applied.
Answer Social Security benefits pay only as far back as 12 months from the date of the application discounting the first six months from the established date of onset.
This means if you had an onset of May 1, 2005, and applied in May 2008, then six months from May 1, 2005 would be November 2005 as a first month of entitlement. But since the application is May 2008 the most one can get in back retroactive payments, is 12 months back from May 2007.
This is also important because the eligibility for Medicare is based on a 24 month wait from the May 2007 period, with Medicare kicking in in May 2009.
So, one year back discounting the first six months from the date of disability established will be the maximum allowable back benefit.
If you had a previous application than this application, if within the 4 year period of reopening may be reopened to get further back in time.
This does not apply in SSI cases that only pay from the month after the application or date established for disability if after the application date.
