West Virginia Social Security Blog

The Social Security Administration has not established a maximum amount of back pay available to Social Security Disability applicants in West Virginia and around the country. The amount of disability benefit back payments is determined by such a large number of factors that establishing a maximum is practically impossible. The four most important factors impacting the payment amounts are the date of filing, the established date of onset, the waiting period, and the month of entitlement.

The date of filing is a key to potential retroactive benefits. If the filer has not been able to work for at least 17 months prior to filing, he or she may be allowed 12 months of retroactive benefits. Medical evidence is generally used to substantiate that the person was disabled for the claimed period.

Some people in West Virginia are concerned about reports from Social Security trustees that the program will face serious problems that could affect its viability. Trustees say that the cost of paying out benefits will exceed the program's income in 2020, marking the first time since 1982 that this was the case. They also warned that this situation, if allowed to continue, could deplete the program's $2.9 trillion trust fund entirely for people receiving retirement benefits before 2034. They also said that the disability funds trust could persist until 2052. Both retirees and people with serious disabilities rely on Social Security for income to cover basic, necessary expenses.

Social Security Disability benefits in particular are a lifeline for people forced out of the workplace due to disabilities. Depleting the Social Security trust fund could put these recipients at serious risk, given their vulnerability and lack of access to other forms of support. Therefore, the trustees urged action on the legislative level to make changes to keep the program viable. These kinds of changes could include tax increases or benefit changes, such as raising the retirement age. Costs are expected to increase as more baby boomers retire, especially since there are fewer workers in the younger generation.

To qualify for disability benefits, an individual in West Virginia would need to stay below the substantial gainful activity threshold. Those who exceed this limit will have their applications denied on a technicality. When an application receives a technical denial, it means that it is not looked at by a disability examiner. In 2019, an individual can make $1,220 per month or less in gross income and still qualify for disability benefits.

Self-employment income does count toward that limit. Those who are making more than that amount are urged to wait to send in their applications. It is important to note that the substantial gainful activity level can change based on inflation. If an individual earns $1,220 or less per month, an application will likely be reviewed by an examiner. This person will review an applicant's work and medical history to determine if he or she has a condition that will make it impossible to do any type of job.

West Virginia residents who are waiting for a decision regarding their Social Security Disability eligibility often wonder how long it will take to receive it. This is understandable, as applicants are often financially strapped due to an inability to work.

The time that it takes to receive a letter confirming or denying Social Security Disability benefits depends on an individual's case and whether it has gone into appeals. Initial applications for SSD are routinely denied by the Social Security Administration. In fact, it is believed that 70 percent of these applications are rejected. In many cases, applicants will have to file several appeals before receiving benefits.