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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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He still will not get 4yrs back pay even if i get a lawyer

Customer Question

he still will not get 4yrs back pay even if i get a lawyer
Submitted: 9 months ago.
Category: Family Law
Expert:  Legalease replied 9 months ago.

Hello again Maria --

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A lawyer will not make a difference here, but you can certainly speak to a local social security lawyer because such lawyers will are not paid anything until they actually get benefits for you (the federal law permits the lawyer to receive the smaller of

(A) $ 6,000 or (b) 25 percent of any backpay/retroactive award)

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The only social security program where there are more than 12 months of retroactive benefits available is the Social Security Disability program for workers who paid into the system and earned enough credits to qualify for regular social security disability benefits. There are TWO types of social security disability benefits available to adults who are or who become disabled, as follows:

(A) Supplemental Security Income (commonly called "SSI" for short): This is the program for adults who have been either disabled all of their lives OR they become disabled but their work and earnings history was not enough to qualify for regular social security disability benefits AND they have limited financial resources other than the SSI funds each month. This would be the program that your son can apply for when he reaches 19 years of age if he does not have any type of work history where he paid into the social security system through his own working wages. Under this program, Social Security will pay benefits ONLY from the day and month you applied and will not pay any retroactive benefits (so if the application takes several months to process by social security, the applicant will receive benefits back only to the day of the application).

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(B) Social Security Disability Benefits (commonly called "SSD" for short): This is the traditional Social Security Disability Benefits where you pay into the SS administration every week and month of your working life and if you have enough credits in the SS system, you can apply for these traditional benefits. These benefits are NOT based on income and any worker who has paid into the system and becomes disabled before retirement age can apply and receive the benefits if they qualify (this benefit program is very difficult to be accepted into -- only about 40 percent of applicants are approved as "disabled" and that is usually through and after several appeals and a hearing in front of a social security judge!!). With this program, there is a one year period of retroactive benefits available to the worker. So, the payments will be made in arrears 12 months from the date of the application (for example, if you applied for benefits TODAY, your SSD retroactive period would be the last 12 months, from Match 9, 2015 through the current month).

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The 12 months retroactive "pay" that you received for your son was based upon your application under the social security retirement program (you are a retiree with a minor child dependent and that is what the monthly payment is for in addition to your own monthly retirement benefit). The retroactive pay amounts under the retirement programs are different from the social Security disability program benefits -- the two programs are separate and distinct from each other. Your son could have been awarded benefits as a disabled child under the SSI program (assuming your household meets the income qualifications) --- however, by applying for him as your dependent child of a retiree under the retirement programs, you were entitled to the 12 months retroactive money under that program.

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I hope that all of these explanations help !

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MARY

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