Can I receive back pay if I am approved for disability because of my migraines?Yes, you can receive back pay if you are approved for disability because of migraines. Social Security Disability back pay benefits are not determined by your disabling condition. Back pay benefits are determined by two things: 1. the date you file your disability application, and 2. how long you have been out of work, or have worked but your earnings were under the limit for work activity, known as substantial gainful activity, or simply SGA. Social Security will pay retroactive benefits for up to twelve months if you were not performing SGA for seventeen months prior to you application date. If you have been unable to work but have not been out of work seventeen months, you still may receive some retroactive disability benefits. Additionally, Social Security pays for all months you were entitled to receive disability benefits. This means, if you have to appeal your disability claim all the way to an administrative law judge, you may have a substantial back payment of benefits when you consider the retroactive pay plus all the other months it took to get your disability approved. If you file for disability, it is extremely important to file an appeal if you are denied, as it determines the amount of any future disability back pay benefits. If you do not appeal your claim, you will lose any retroactive benefits established by your filing date. You would just have to start over with the date you file your new claim, even if you still have not been able to work. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Can I be get disability back pay if I am approved for migraines? Should I get a lawyer for a disability claim for migraines? Can I be approved and awarded disability if I have migraines? Will I get Social Security Disability back pay? Can I get permanent Social Security Disability How much does Social Security Disability SSI pay? Winning disability benefits, how do I win? How to win your disability benefits How to apply for disability for medical conditions Social Security Disability application, how to apply, file How long to get a disability hearing decision answer? |