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.
The date of onset is when the medical evidence indicates that the person was disabled and the Social Security Administration determines the person was not engaging in work at a substantial level. Everyone who applies for disability benefits from Social Security is required to wait for a period of five months after the date of onset. Disability benefits, if they are approved, begin in the sixth month.
The month of entitlement is determined by an examination of the other three factors. Any award of disability back payments begins with the month of entitlement. An attorney with experience handling Social Security Disability claims might be able to help people get what they are owed in back payments for disability. An attorney might draft and file the necessary legal documents to make or prove a claim and communicate with the Social Security Administration on the client's behalf.