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Several weeks ago I received a favorable decision from the Social Security Administrative Law Judge (ALJ) regarding my claim for disability benefits. In fact, the judge found me disabled from July 1, 2004. Today I received a letter from Social Security telling me I would receive monthly benefits from December 1, 2004. Why are the dates different?
You have submitted a very good question. I understand your confusion regarding the disability onset date versus the date your benefits begin. From the facts of your case it appears that you have a continuing disability that prevents you from returning to work. Assuming that you have a continuing disability, the letter from the SSA correctly states that you will receive benefits retroactively from December 1, 2004 to the present. Let’s assume you have a continuing disability and were not able to return to work under the current facts, and then under an alternative scenario in which you are able to return to work.
The short answer is that the dates are different because current social security rules do not allow claimants with continuing disabilities to receive benefits for the first five months after onset of the disability. The rule states in part that past due benefits will be paid five full months after the date of the onset of the disability. As you can see, by applying this rule your beginning date of benefits is delayed by five months from the onset of the disability. Thus, even though the judge found the disability began on July 1, 2004, current law moves the beginning date of benefits five months later to December 1, 2004. Ultimately you would receive benefits retroactively beginning on December 1, 2004 to the present, thereby missing benefits for that five month period. Though this outcome does not seem fair, this result is the current status of social security law.
Consider an alternative to the factual scenario you presented above. Assume that you became disabled July 1, 2004. On August 5, 2005 your disability ceased and you were able to return to work according to the ALJ. This scenario is considered a “closed period” of disability, because you were able to return to work. Under these facts, if the judge found that the disability began on July 1, 2004, and that it continued until August 5, 2005, you would be entitled to benefits spanning the entire thirteen months. Additionally, social security rules permit you to receive benefits for the months in which the disability ceases, plus two more months of disability benefits during a “closed period.” Thus, you would receive a check from social security reflecting the month of August, since the disability ceased in that month, plus two more months. In fact you would receive a check for sixteen month’s worth of benefits in this scenario.
To sum it up, the dates differ because current social security law pays benefits retroactively starting five months after the onset of the disability in certain instances. If you are disabled and unable to continue working you should contact an attorney to protect your interest in social security disability benefits, to maximize the benefits to which you are entitled.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.