Why Most People Don’t Appeal a Denied Disability Claim—And Why That’s a Costly Mistake

Denied SSDI or SSI? Learn why organizing your medical records is the key to winning your disability appeal. Alabama attorney Brian Smith can help—free consultation.

Denied SSDI or SSI? Learn how the Social Security disability appeals process works and why hiring an experienced attorney can greatly increase your chances of winning. No fee unless you win.

If you’ve filed for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and were denied, you’re not alone—and you’re not out of options. Thousands of people in Alabama are in the same position every year. But what many don’t realize is that winning your appeal can come with more than just monthly benefits going forward. You may also be eligible for substantial back pay —a lump sum of money that Social Security owes you from the date you became disabled or eligible. Let’s break it down so you can understand how SSI and SSDI back pay works, and why getting legal help from someone like Attorney Brian Smith , an experienced Alabama disability lawyer, could make all the difference in both winning your appeal and collecting every dollar you’re owed . What Is Back Pay? When you apply for disability benefits, your payments don’t start the moment you fill out an application. The Social Security Administration (SSA) takes time to process your claim. If you’re approved—whether at the initial level or after an appeal—you are entitled to back pay for the time between when you became eligible for benefits and when your claim is finally approved. Depending on the program you applied for, this back pay may include: Retroactive benefits (for SSDI only) Back pay from your application date Past-due benefits due to appeal delays Back pay is typically paid in a lump sum and can sometimes total tens of thousands of dollars , especially if your case takes years to resolve on appeal. Back Pay for SSDI SSDI is for people who have worked and paid Social Security taxes but can no longer work due to a disabling condition. Here’s how SSDI back pay works: 1. Established Onset Date (EOD) This is the date the SSA agrees your disability began. If you claimed that your disability started on January 1, 2022, but SSA determines it really started on April 1, 2022, then April 1 is your EOD. 2. 5-Month Waiting Period SSDI has a mandatory 5-month waiting period. You don’t receive payments for the first five full months after your EOD. So if your EOD is April 1, 2022, your first month of benefits would be September 2022 . 3. Retroactive Benefits (Up to 12 Months Before Application Date) SSDI allows you to receive back pay up to 12 months prior to your application date—if you can prove that your disability started at least 17 months before you applied (because of the 5-month waiting period). Example: You became disabled in January 2021 You applied for SSDI in March 2022 You are approved with an EOD of January 2021 SSA deducts the 5-month waiting period You may be eligible for retroactive pay from August 2021 to your approval date 4. How It’s Paid SSDI back pay is typically paid in one lump sum , directly to your bank account. Back Pay for SSI SSI is a need-based program for people with limited income and resources, regardless of work history. Here’s how SSI back pay works: 1. Eligibility Starts at Application SSI does not offer retroactive benefits before your application date. The earliest you can be paid is the month after you file your application —even if your disability began much earlier. 2. No Waiting Period Unlike SSDI, there is no five-month waiting period for SSI. This means back pay can begin shortly after your application date. Example: You apply for SSI in March 2023 You’re approved with a disability onset of January 2022 Your back pay starts from April 2023 , not January 2022 3. How It’s Paid If your SSI back pay is more than three times the federal benefit rate (FBR) , Social Security typically pays it in three installments over six months , unless: You’re in dire need (e.g., facing eviction, homelessness, or medical issues) You are expected to live less than 12 months You’re no longer eligible for SSI by the time your claim is approved In those cases, SSA can pay the full back pay amount in one lump sum. Why Back Pay Matters Many people think that appealing a disability denial is only about future benefits. But if you win, you’re also paid for the time you’ve already waited . That can be the difference between falling into debt and catching up on years of missed income. Back pay can: Cover past-due medical bills Reimburse family members who helped support you Help pay for housing, food, and transportation Provide a safety net while future monthly checks continue Appealing a Denial: Don’t Leave Back Pay on the Table Most disability applications are denied at first —up to 70% nationwide. But many people never appeal . That’s a huge mistake. By not appealing, you could be walking away from: Monthly benefits going forward Up to a year of retroactive SSDI pay Months or even years of SSI back pay Thousands (or tens of thousands) of dollars you’re legally entitled to The appeal process can be confusing and slow—but it’s often worth the wait , especially if you have the right legal help. Why You Need a Disability Lawyer An experienced disability lawyer doesn’t just file paperwork—they help you: Prove the earliest possible disability onset date to maximize back pay Build strong medical evidence that supports your claim Represent you at your disability hearing Navigate complex rules about SSI and SSDI eligibility Best of all? You pay nothing upfront. Attorney fees are capped by law (usually 25% of your back pay, up to $7,200 in 2025) and only paid if you win . Let Attorney Brian Smith Help You Win and Get What You’re Owed If you’re in Alabama and have been denied SSI or SSDI, don’t give up—and don’t leave money behind . Attorney Brian Smith is an experienced disability lawyer who’s helped countless people across Alabama win their appeals and recover the full back pay they deserve. He understands how to present strong medical evidence, how to challenge unfair denials, and how to move your case forward. Here’s what you get when you work with Brian: No fees unless you win Local, personalized service A proven track record in Alabama disability cases Guidance through every step of your appeal You’ve already waited too long for help. Let Brian Smith fight to get you the benefits—and the back pay—you’re owed. Get Started Today Time is critical. The longer you wait to file your appeal, the more you risk losing out on past-due benefits. You typically only have 60 days to appeal a denial. Contact Attorney Brian Smith now and take the first step toward winning your disability case and getting every dollar you’re owed. 👉 Contact Brian today below! Don’t wait. Get help. Get back pay. Get your life back.

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