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SSI/SSD Approved. Back pay questions.

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macerenn

Junior Member
What is the name of your state? Texas

I was approved for SSD and SSI... Here is the madness. I applied in late April, 2006. Psychiatric claim. I had no income, being recently released from prison. So I was put in for both SSI and SSDI. If I were to be approved before the 6 month wait for SSDI was over, SSI would pay me in the meantime. Well, it took only five months to get approved. So I got SSI while I waited a month for SSDI to kick in. I got a back pay for three months of SSI, the other three pending since they are not allowed to give you more than 2000 of back pay every six months on SSI; I got another 1200 sitting in their database. Ok... SSI backpay that is pending is payable immediately if the recipient is no longer eligible for SSI. I am not eligible for SSI anymore, because I am on SSDI effective now; I just got a letter from SSDI stating that I got a check coming on October 3 and that my back pay was on hold while they determine if I got SSI and if so, how much...
Now, I know that my SSI back pay is mine already. The only way that they could take it is to decide that they were wrong to award me to begin with, or to find that I had lied about my income or assets which of course I didn't. What I am concerned with is SSDI back pay. I was found to be disabled as of September 1, 2001, and payable as of April, 2005; a year before the date that I applied. Would somebody that actually knows what they are talking about please correct me if I am wrong... I get SSDI back pay all the way back to April of 2005 (being 12 months prior to the date of application), less five months for a waiting period and less what was already paid to me by SSI. So, if it is now nearly November, and I received five months of SSI, I should receive SSDI for twelve months. You see, the SSI came after I applied (of course) and I would assume that the SSDI five-month waiting period would be after I applied as well. Or would they put the five months from the date of disability and thus only have to pay the difference between SSDI and SSI for the past five months plus seven months of SSDI back pay? Or is there a five month hole in the payment structure? Confused? So am I. How about this...

Here is a paragraph from the letter:

We are withholding his Social Security benefits for April 2005 through September 2006. We may have to reduce these benefits if he received Supplemental Security Incom (SSI) for this period. When we decide whether or not we will have to reduce his Social Security benefits, we will send him another letter. We will pay him any Social Security benefits he is due for this period.


Now,
Assume that I get 800 a month for SSDI and 600 a month for SSI (fictitious amounts)
I recently got a check for 1800 for SSI back pay for three months (May, June, July)
Thus, I have 1200 remaining from SSI back pay (August, September)
I get SSDI in October (800)

What should I expect? (Note, the probably will cut the SSI but in my calculations SSDI adjustments would make it up anyway)

Now... If the five months are taken at the end, May2006-September2006
SSDI 12(800) = 9600 (One year back pay before application)
SSI 2(600) = 1200 (Not showing 3 months already paid)
SSDI 800 (October's check delivered in November)
Total 11,600 (Prolly not all at once due to waiting on calculations)

But... If 5 months taken off at beginning:
SSDI 7(800) = 5600 (One year minus five months back pay)
SSI 2(600) = 1200 (Not showing 3 months already paid)
SSDI 5(200) = 1000 (Difference between SSDI and SSI for five months)
SSDI 800 (October's check delivered in November)
Total 8,600 (3000 dollar difference there. Day-yum!)

Or, if no five months missing at all:
SSDI 12(800) = 9600
SSI 2(600) = 1200
SSDI 5(200) = 1000
SSDI 800
Total 12,600 (Ok. so five months cost me 1000 at best, 4000 at worst)

Could somebody please tell me which of these is correct? Now, I know I could just wait and see, or I could go up to SSA and talk to my case worker, but I want something that other people can look up anytime. Here. I looked around for the answer to this question. Couldn't find it. Here it is.What is the name of your state?
 



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