Can a Lawyer help me with my Social Security Disability back pay?

Can a Lawyer help me with my Social Security Disability back pay?

By Hogan Smith

Updated 03/20/2025


If you’ve been approved for Social Security Disability (SSD) benefits, you may be entitled to back pay—the payments you missed from the time you became disabled to the date you were approved for benefits. This back pay can be a significant amount of money, but navigating the process can be complicated. A Social Security Disability lawyer can help ensure that you receive the full back pay you’re entitled to. Here’s how a lawyer can assist with your Social Security Disability back pay.

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Understanding Social Security Disability Back Pay

Back pay refers to the benefits you should have received while waiting for your application to be processed. In some cases, it can take months or even years for the Social Security Administration (SSA) to approve a disability claim. If your application is approved, you will typically receive back pay for the period between when your disability began and when your claim was approved.


  • Waiting Period: There’s a mandatory waiting period for SSDI claims, which means you won’t receive back pay for the first five months after your disability onset date.
  • Back Pay Eligibility: The amount of back pay you’re eligible for depends on the date you became disabled and how long it took the SSA to process your claim.


Ensuring Accurate Back Pay Calculations

Determining how much back pay you’re entitled to can be a complex process, and errors in calculations are common. A Social Security Disability lawyer can help ensure that the SSA calculates your back pay correctly.


  • Disability Onset Date: Your lawyer will make sure the SSA has the correct onset date of your disability, which affects your back pay calculation.
  • Reviewing SSA’s Calculations: If the SSA makes a mistake in determining the back pay amount, your attorney will identify the error and help correct it.


Helping with Delayed or Inaccurate Back Pay Payments

If you’re experiencing delays in receiving your back pay or if the SSA has not paid you the correct amount, a Social Security Disability lawyer can take action to resolve the issue.


  • Tracking Payment Delays: Your lawyer will monitor the progress of your back pay and ensure the SSA processes your payment in a timely manner.
  • Filing Appeals: If there are discrepancies or delays in your back pay, your lawyer can file an appeal or request a review of your payment status.


Navigating Complex Social Security Rules and Regulations

The process of receiving back pay involves understanding many complex rules and regulations. A Social Security Disability lawyer has the expertise to navigate these regulations and ensure that you get the benefits you deserve.


  • Understanding Deduction Rules: In some cases, the SSA may deduct certain amounts from your back pay, such as worker’s compensation or other government benefits. Your lawyer can help you understand these deductions and ensure they are applied correctly.
  • Handling Overpayments: Sometimes, the SSA might mistakenly overpay you in back pay. A lawyer can help you resolve overpayment issues and avoid having to repay money if it wasn’t your fault.


Addressing Back Pay for Dependent Family Members

If you have dependents who are entitled to benefits based on your disability, they may be eligible for back pay as well. A Social Security Disability lawyer can assist in ensuring that your family members receive their fair share of the back pay.


  • Dependent Benefits: Your lawyer will help ensure that any eligible children, spouses, or other dependents receive the appropriate back pay benefits.
  • Family Benefit Calculations: Your attorney will assist with understanding and applying the SSA’s rules regarding dependent benefits, ensuring the correct amount is paid.

How Hogan Smith Can Help

At Hogan Smith, we understand the importance of back pay in the Social Security Disability process and can help ensure that you receive the full amount you are entitled to. Here’s how we can assist:


  • Reviewing Your Case: We will thoroughly review your claim to ensure that your disability onset date is correct and that the SSA calculates your back pay accurately.
  • Filing Appeals: If there are issues with your back pay or delays in payment, we can file an appeal on your behalf to resolve the issue as quickly as possible.
  • Addressing Deductions and Overpayments: We will help you understand any deductions or overpayments and work to ensure that you’re not unfairly penalized.

Contact Hogan Smith Today

If you’ve been approved for Social Security Disability benefits and are awaiting back pay, don’t let the complexity of the process cause delays or confusion. Hogan Smith is here to ensure that you receive the back pay you’re owed, and we can help resolve any issues along the way. Contact us today for a free consultation, and let us help you navigate the back pay process and get the benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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