Law

How Far Back are My Social Security Disability Benefits Awarded?

Dirk May Law

This is a common question.

The most important thing to do is get your application on file. Otherwise you may lose some of your disability benefits.

The reason is that SSI benefits are only awarded from the date of filing your application.

This means that if the Social Security Disability Judge says you were disabled on January 1, 2010 but you did not file for SSI until January 1, 2012 then you can only get benefits from January 1, 2012 forward.

If you are eligible for Title II or what is often called SSDI, then for most purposes you can only can go back 12 months on your back benefits.

Once again if you file on January 1, 2012 for benefits and Social Security says you were disabled as of January 1, 2009, then you are only allowed to go back to January 1, 2011 to pick up back benefits.

This shows how important it is to file for benefits as soon as possible. You do not want to lose any of your disability benefits that you have earned.

Remember, if you file for Social Security Disability benefits and can go back to work then you are not penalized.

So there is no good reason to delay in filing.

Another key is make sure you tell Social Security about all your medical records so that they can go back as far as possible and potentially pick up additional benefits.

Questions about how to improve your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Does It Matter if You are Injured While Working a Different Job?

Dirk May Help, Law

There was a recent Oklahoma Work Comp case that may open some eyes.

An employee whose regular job was a desk job, volunteered to help out by mowing the company property’s lawn.

He suffered a heart attack as a result of the heat and exertion, and has become permanently disabled.

The fight in court was about whether his volunteering to mow the lawn took him out the scope of his regular work.

The Oklahoma Supreme Court ultimately ruled that he was not a true volunteer. His employer was still found responsible for his condition and future medical care even though his injuries did not result from his regular job duties and he had pre-existing health conditions that contributed to his heart attack.

I would expect that a case in Illinois with the same facts would have the Courts ruling in a similar manner.

As long as you are performing work duties that your employer assigns you, or that are within the scope of your normal duties, or that your employer asks you to do and that you perform to benefit your employer then you will receive work comp benefits.

You, of course, need to be careful that you are following safety rules and procedures. But even then there is latitude in the Workers’ Compensation rules and law that will allow you to recover.

Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.