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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37639
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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I started receiving disability beniefts in august,but I

Customer Question

I started receiving disability beniefts in august,but I became disabled feb. should I be able to get back pay for that first six months
JA: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.
Customer: i was told that i should be able too
JA: Is there anything else important you think the Retirement Accountant should know?
Customer: like what
Submitted: 9 months ago.
Category: Social Security
Expert:  LawTalk replied 9 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

What you are saying sounds about right in terms of your right to benefits. Under Social Security regulations, you cannot collect a benefit for the first 5 months of any period of disability. Your first month of disability pay would have been in July---but because benefits are paid one month after the benefit is earned, your July benefit was paid in August. Your benefits have been paid exactly as allowed under the law.

Had you been disabled say in October of last year and first applied for benefits in June of this year, then you could have received retroactive benefits after the first 5 months. But given that your disability began in February, you are not entitled to retroactive benefits to the date of disability because of the 5 month waiting time.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good evening,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Expert:  LawTalk replied 9 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

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