Laws regarding SSD Back-Pay

What is the name of your state? Washington

I am posting this question on behalf of my parents who are currently having a problem receiving SSD for my dad.

My dad was diagnosed with colon cancer in September of 2003. He was told then that he would be out of work for a year, unless things really changed for the better. 7 months later, and 6 weeks of chemotherapy all told, it was discovered that his cancer had spread to two lymph nodes and was inoperable due to their proximity to major arteries and his spine. His oncologist told him that he will not be returning to work - ever. He's walking around with a port in his chest for when the time comes for his next round of chemo.

Now, history given, he was told in the beginning by SS that unless he was dying in three months (in those words!) or would be off work for at least a year, he could not receive SSD.

In August of this year, he was told that he would be receiving 4 months of SSD back pay by September. September came and went, nothing. They called and were told that it was in process and would likely be there in October. October came and nothing. They called again and were told that the check was ready to be sent to them. November came and went - nothing. Now, when they call, the response from Social Security is "What back pay?" What?!

They have been receiving the normal monthly SSD payments, but these do not include any more than what they were told they would be receiving monthly. It is therefore obvious that they aren't paying the back pay in small chunks in the normal monthly checks they are sending.

My parents are on the verge of losing their home and their only source of transportation. My grandfather helped, but was only able to do so because I and my brother agreed to "relinquish" our inheritence that would have come in the form of bonds when he passes away.
I have no problem with this - they need it more than we do, or will.

My questions are - are they entitled to more than just 4 months back pay since it was known in the beginning he would be off for at least a year - and has, since, been off for far more than that and will never be going back?

What are their legal options now that Social Security is attempting to screw them out of even just the 4 month back pay that was promised?

Thanks in advance,

Dawn GoldenEagle

Most consultations with SSI lawyers are Free. I suggest a consult with one .

If he had already applies and the case was still active, and a Dr. had stated he'd never be able to return to work, he should be entitled to all that back pay.

The Lawyer will take a 3rd of the award, but it's better than nothing, and probably the only way to get this taken care of.

My sister had to go by way of Attorney to even get qualified . It won't happen over night so be prepared for this to take a few months .

Did your Father ever get a Letter from SSA he's due back pay ?

What month did he start receiving REGULAR payments? What month did he initially apply.

The rule is that yes you have to be projected to be off work a year, however SSDI still does not kick in until you have been disabled for 6 months so depending on the answers to the questions above it is possible that he's only to receive 4 months back pay. Now, he could get SSI which is different for those first six months but that's all done at the adminstrative building. I suggest your parents go to their local office or call and make an appointment to sit down with someone and discuss this with them so they can fully understand. As a last resort THEN get a lawyer because they receive a portion of the monies... (25% or $5,300)