The Social Security Disability waiting period is a period of five months in which those who are approved for Social Security Disability benefits are not paid. The period exists to ensure that during the early months of a qualifying disability, the Social Security Administration is not paying benefits to people who end up not having a long-term disability. In some cases, this means that an individual may recover from a physical or mental impairment(s) or be able to work and thus no longer needs benefits.

According to the Social Security Administration, disability benefits can be paid only to individuals who have been disabled continuously for a period of five full calendar months. If you apply and are approved for benefits, you will not actually be able to receive any payments until the sixth month after approval. Additionally, you are not entitled to benefits for any month in the waiting period.

If you qualify for Supplemental Security Income (SSI), you may be able to circumvent the five month waiting period depending on your individual case because Supplemental Security Income (SSI) is funded and managed under a different program than Social Security Disability Insurance (SSDI). Although you may be able to get around the waiting period with SSI benefits, you may be subject to income limits and benefit ceilings which will have an impact on your payout and the longevity of your benefits.

What is a Social Security Disability Claim?

A claim is the application that an individual files to receive Social Security Disability benefits. The claim can involve filling out several complex forms, as well as providing proof of a physical or mental disability and inability to work.

Disability payments are awarded only to people who claim that they will never be able to work again, have a shortened life expectancy due to a disability or are unable to work for at least twelve months.

Back pay is the payment made after an approved Social Security Disability claim based on the date that you became disabled. Back pay is given as a benefit to people who apply for Social Security Disability because it often takes at least five months to complete the application process. The retroactive limit on back pay is usually 12 months before the date of your application.

There is no clear time frame for how long it will take before a claimant begins receiving benefits. As such, most Social Security Disability claimants are entitled to years of back pay. You may not receive your back pay as a lump sum, but, depending on the terms of your case, it may be paid on an incremental basis.

Back payments are calculated against existing formulas applied by the Social Security Administration that take into account cost of living and other factors to determine the amount an individual qualifies for on a monthly basis. This amount plus back pay is what you will receive each month and will also determine how back pay is managed for your individual case. When the SSA distributes back pay, payments will be given incrementally to keep you under income ceilings. Thus, benefits can continue without interruption.

A protective filing is the term used for the first time a claimant contacts the Social Security Administration office to file a claim for disability or retirement. Individuals are encouraged to use protective filing dates because in some cases, they may be earlier than the actual signed date of an application. This can be advantageous for claims that rely on the date of application to determine the entitlement period for benefits. Claims that utilize the application date for entitlements are typically disability and retirement benefit claims.

For Social Security Disability benefits, claimants can be awarded up to twelve months of retroactive benefits based on the protective filing date. However, this is only true as long as you file your claim within seventeen months of the onset of your disability. If the seventeen-month deadline is approaching and you still have not filed, it may be worthwhile to consider a protective filing date. To do this, you must contact the Social Security Administration and set up an appointment to start the claims process for your benefits. After you have set the appointment, the SSA will follow up with a confirmation letter. This letter serves as proof of your effective filing date.

If you fail to retain this proof, your protective filing date will be nullified. A claimant’s lawyer may also initiate the protective filing date if it is unlikely that the claimant will be able to file within the seventeen-month deadline.

Durational denials are part of the denial process administered by the Social Security Administration. An individual may get a notice of durational denial when a disability examiner finds that a claimant’s medical condition has not lasted or is not expected to last for at least twelve months. Even if you are working, if your ability to work falls below federally-determined substantial gainful activity levels, you can apply for disability benefits. However, you must show that your substantial gainful activity levels have met federal requirements for at least twelve months or are projected to do so.

The twelve-month time frame is the key factor that the Social Security Administration uses in its definition of disability. Disability projections are another determining factor in how benefits are approved or denied. Unfortunately, projections can be based on the subjectivity of the disability examiner evaluating the claim.

Durational denials are one of the more common types of denials involved in a Social Security Disability claim. If you have received a durational denial, you will have to go before the Office of Hearings and Appeals to present your case and to contest the durational projection. Durational denials have become a highly controversial aspect of the Social Security Disability claims process because of the frequency at which they occur. Thus, those who are going through this process are encouraged to present as much documentation as possible when filing their claims.

The Disability Determination Services (DDS) handles disability claims for benefits paid through the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. When you file for disability benefits, you will be evaluated by a DDS examiner to determine whether your disability falls within coverage requirements. DDS makes its determination based on the following criteria: medical evidence, psychological evidence, vocational criteria, consultative evaluation and continuing disability review.