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Birmingham Disability Lawyer What are Past Due Benefits

Birmingham Disability Lawyer What are Past Due Benefits

Birmingham Disability Lawyer What are Past Due Benefits? When people come into our office to discuss hiring us to help them with their claim for disability benefits, one of the first questions we are asked is "how are you paid?" We inform the potential client that, per the law, our fee is capped at 25% of past due benefits, or $6,000.00 whichever is less (plus reimbursement of reasonably expenses), unless the we have to take the case to Federal Court before achieving a favorable decision, at which time we can potentially receive 25% of past due benefits with no cap. Most clients are fine with the percentages involved, but they want to know the definition of "past due benefits."

Past due benefits, aka Back Pay or Retro Benefits, are disability benefits the Social Security Administration calculated you were entitled to receive, but was wrongfully denied when your application for disability benefits was initially denied, but the amount of time the Administration can go back and pay you for is limited based on whether you were awarded SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefit.

If you were awarded SSI benefits, your right to benefits may go back no further than the date you applied for SSI benefits. Remember, SSI is a "needs based" social safety net, and regardless of how long you have actually been disabled, you cannot collect benefits back longer from the time you actually requested them.

SSDI benefits are based partially on paying your Social Security taxes, and part of the reason these taxes were paid is in case you later become disabled and need them; however, you may not wait for years and then apply for SSDI benefits and expect the government to pay your years and years of back pay. Your right to SSDI benefits can only go back up to one year before the date you applied for disability, so even if you have been legally disabled for 5 years and you were able to prove this fact, your right to collect back pay will only go back one year from your protective filing date. Having stated this, the years of back pay you might be entitled to can be substantial. Recently we helped a client win their disability claim after 7 years of fighting in the courts. Our client will receive all 7 years of back due benefits as the United States District Court determined that they had in fact been disabled the entire pendency of their claim.

Furthermore, you must remember that there is a five (5) month waiting period before any disability benefits are due.

If you were denied disability benefits, but would like to speak with an experienced Social Security Disability attorney about your right to disability benefits, please consider calling and speaking with one of the experienced Birmingham Disability Lawyers at Powell and Denny today.

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Birmingham Disability Lawyer What are Past Due Benefits

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