What is the waiting period for social security disability

Social Security has established a five-month waiting period for receiving benefits from the time you were disabled. The Social Security Administration established this waiting period to ensure that benefits would not be paid to people with short-term disabilities. Essentially, Social Security wanted to ensure that an individual was disabled before paying them. However, many people argue the five-month waiting period is outdated and unfair. Specifically, during this waiting period the disabled person is either not working or earning less than the substantial gainful employment. However, as of the date this blog post is being written the five-month waiting period still exists and has yet to be changed.

The five-month waiting period only applies to those who have been approved to receive Social Security Disability Insurance benefits (SSDI or Title 2 disability benefits). This means that Social Security will essentially withhold five months of SSDI benefits before starting monthly payments. It is important to note, the five-month waiting period does not affect or impact SSI benefits at all. Therefore, if you are eligible for both SSI and SSDI, you would receive SSI for the five-month waiting period and then SSDI benefits following. On the other hand, if you are only eligible for only SSDI benefits then the five-month waiting period affects when your monthly benefits start as well as any back pay you may receive. For example, if you filed for SSDI on October 1, 2021 and alleged you became disabled on August 1, 2021, your first payment would not start until January 1, 2022 (five months from August 1st) due to the five month waiting period. Another example would be if you filed for disability October 1, 2021 and alleged you became disabled November 1, 2020. You would receive backpay from April 1, 2021 to present. However, it is very important to note that your date of filing (DOF) and your alleged onset date of disability (AOD) have a huge impact on how the five-month waiting affects your claim. There are also some exceptions and nuances to the five-month waiting period. Therefore, having an experienced attorney to help you understand how the five-month waiting period may affect your individual benefits is extremely helpful.

Reference Link: https://sgp.fas.org/crs/misc/RS22220.pdf

If you have received a diagnosis that confirms you live with a disability, you should apply for the financial assistance offered by a program run by the Social Security Administration (SSA) called Social Security Disability Insurance (SSDI).

However, even if the SSA approves your disability claim, you have to wait five months to receive disability benefits. If you qualify for the Compassionate Allowance program, the SSA waives the five-month waiting period by approving immediate financial assistance.

The Compassionate Allowance program provides immediate financial assistance for applicants that live with a life-threatening illness.

What is the Five-Month Waiting Period?

The date when you start to receive financial assistance from the SSDI program depends on three factors, with the five-month waiting period representing the most consistent factor. Not only does the five-month waiting period determine when you begin to receive disability benefits, but it also determines how much money you should receive in backpay by waiting for financial assistance.

To establish the five-month waiting period, the SSA sets an onset date for applicants, which is the date the SSA rules that an applicant for disability benefits became disabled. The onset date (EOD) is waived if you suffer from a life-threatening disability such as ALS. If you suffer from a qualifying life-threatening disease, you might qualify for the Compassionate Allowance program, which represents an SSA program that fast-tracks disability applicants for financial assistance.

Other Exceptions to the Waiting Period

Qualifying for the Compassionate Allowance program is just one way to avoid the five-month waiting period. If you are eligible to receive financial assistance through the SSA-managed Supplemental Security Insurance (SSI) program, you should not have to wait five months to receive disability benefits. Another exception to the five-month waiting period rule is if you are reinstated to receive disability benefits.

For example, the SSA requires disability-eligible applicants to be out of work for 12 consecutive months. If you received disability benefits for six months, went back to work for six months, and then left the workforce again, you might qualify to have the five-month waiting period for financial assistance waived by the SSA.

If you are a dependent of a disabled worker, you do not have to wait five months to receive financial assistance.

How is SSDI Backpay Calculated?

Just because you have to wait five months to receive financial assistance does not mean you do not get paid for the five months. You have the right to receive back pay, which is calculated by factoring in the date when you applied for SSDI benefits.

Backpay also is calculated by referring to the date when you received a diagnosis for a disabling medical condition, as well as the date when the SSA approved you for Social Security disability benefits.

Find Help with Your Claim

The complex nature of the five-month waiting period rule can prevent you from receiving the financial assistance you deserve. Working with a Social Security attorney can help you clarify the five-month waiting period rule, as well as ensure you receive the maximum value of benefits owed to you by the SSA.

Schedule a free case evaluation today to determine your SSDI status when including the five-month waiting period rule.

Additional Resources 

How can I stay afloat while waiting for Social Security benefits?

What Is the Process for Filing an Appeal If I Am Denied Benefits?

Why do I have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

How long does it take to get Social Security disability Once approved?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

What's the quickest you can get disability?

All SSDI claims are subject to a waiting period for benefits. The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide.

Can you get SSI in the 5 month waiting period for SSDI?

First, there is no five-month waiting period for SSI. But SSI also does not have retroactive payments. This means that if you are approved for SSI benefits, your back payments can go back to the date of your application, but not before.