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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111544
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son got approved security. I applied April 2015 and he

Customer Question

My son got approved for social security. I applied April 2015 and he was approved in August. We was told we needed to come in to feel out paperwork for SSI. At that point under assumption since they called I thought he would b getting SSI. So after we got there and started speaking to the lady about the SSI she had got a little confused on why he had not relieved anything so a very long story made short a man came down and looked at the computer and told her as he pointed at the computer that this was the amount that he was getting and that he would not qualify for SSI because he made to much. I was told that until a certain age he would kinda still collect from his father. I asked a few other questions that I had also asked people over the phone when I would call main question obviously was always when would he receive his back pay. I had been told from some that be would rcieve back to his disability date which is November 2013 others said date of app and so on. Anyways the lady then asked me if we would like to have an advancement. Of course I said yes without asking any question I assumed it was an advancement off his back pay and of course she didn't tell me what it was either. So in Oct 2015 he received $733 and also a check towards his back pay and the letter it came with stated this was one of three installments. The lady that day told me before anything was mentioned about the advance that my son would be entitled back pay to the date of his disability which would be back to November 2013 . Tonight I started reading up on back pay because he still has not recieved it and after they paid him two month of the $733 which is the SSI last month he recieved his SSD and then finally this month was paid the SSD and this time it was finally put on my card. So my questions is when or how long does it take them to pay you the back pay? And after everything I have read tonight left me more confused then I already was. How far back do they pay for SSD? With them doing the advance that did t mess up any back pay that is owed to him will it? Should I call and speak to someone again about how long back pay is taking or is this normal to take this long? I was expecting him to be turned down like everyone I have ever spoke to always tells me that you never get it it's time and most of the time you end up going to court. I applied April 2015 and he had been approved August 2015 and he is 20 yrs old. Thanks in advance for any info you can give me.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For back pay, that is paid back to the date when SSA determines your son first qualified for benefits. So that is a date determined by SSA. Next, the time it generally takes them to pay back pay is 5-6 months, but if they give you the advance that takes away from his back pay. If he was approved in August 2015, he should be receiving benefits by now and his back pay too. You need to go to the SSA office again in person and speak to a supervisor and ask them to write all of this out for you, because if he qualified for benefits and backpay he should indeed be receiving it by now.
Customer: replied 11 months ago.
Thank you! They had deemed him disabled Nov 2013. He was approved Aug 2015 however they said his case was pulled by quality control and it was just something they did sometimes it's just random thy told me. I went in sept 2015. That's when they told me they would give an advance and he then started receiving ssi so I called and they told me that was the advance they he would start receiving his ssd asap but because it was taking so long they started him on that. Then nov and DEC was his reg ssd checks then this month he finally received it on the card. When I do call no one ever seem to know nothing no matter how I explain it
Customer: replied 11 months ago.
Sorry about that I meant to ask is he entitled to back pay since they deemed him disabled in November 2013
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
He would be due his back pay from 2013 then. You need to go to the local office and speak to a supervisor, if you cannot get an answer, then file complaint to the Appeals Division to appeal the benefit non-payments. See: https://www.socialsecurity.gov/appeals/appeals_process.html#&sb=1.
You can get your son an attorney and make SSA pay the fees as well, see: https://www.socialsecurity.gov/pubs/EN-05-10075.pdf#&sb=1
You need to go to the office again though and get a supervisor to give you the printouts and show where his benefits are and why he is not receiving them as required. Then from there you can proceed to appeal them not paying his back pay.

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