SSDI Backpay Lawyers in Metairie, Louisiana

Securing Social Security Disability Insurance (SSDI) benefits, particularly backpay, can be complicated and time-consuming.  

At Leavitt & Meunier Law LLC, we strive to make the process as smooth as possible. With our in-depth knowledge of the Social Security system and personalized attention to each case, we help you in every possible way.

Based in Metairie, Louisiana, we work hard to help clients secure their rightful benefits in New Orleans, Metairie, Baton Rouge, Lafayette, Hammond, Alexandria, Shreveport, Monroe, Lake Charles, Northshore, Mandeville, Covington, and Madisonville. Contact us today to schedule an initial consultation.

What Is SSDI Backpay? 

SSDI backpay refers to the benefits owed to you from the time you became eligible for disability benefits to the time you received your first payment. This typically includes retroactive payments that cover the period between your application date and the approval of your claim. Understanding backpay is critical to receiving the full benefits you’re entitled to, and that’s where we can help. 

The amount of backpay you receive depends on several factors, including your application date and the established onset date of your disability. It can be significant, especially if you have been waiting for an extended period to receive your benefits. In some cases, individuals may be eligible for retroactive payments that cover up to twelve months before their application date. 

Why Is Backpay Important? 

When you apply for SSDI, there is often a waiting period before your claim is approved. During this time, you're not receiving the financial support you need. Backpay compensates for this delay, providing you with the funds that should have been paid out during the interim. It is a financial lifeline that bridges the gap caused by the waiting period inherent in the SSDI process. 

Without backpay, applicants might face significant financial hardship, making it difficult to meet essential living expenses such as housing and healthcare. Backpay can reduce these pressures and offer stability during a challenging time. It can also help pay off debts that may have accumulated during the waiting period, easing the burden on applicants and their families.

How Is Backpay Calculated? 

The calculation of backpay begins with establishing your established onset date (EOD)—the date you were first eligible for benefits. Once your claim is approved, the Social Security Administration (SSA) uses the EOD to calculate the total amount of backpay owed.  

The process can be complicated, involving factors such as your average indexed monthly earnings and the length of your disability insurance coverage. Additionally, the SSA may make deductions from your backpay for attorney fees or any public disability benefits you received during the waiting period.  

Understanding these calculations can help you make more informed decisions and pursue the maximum amount owed to you.  

Louisiana Laws Governing SSDI Backpay 

In Louisiana, SSDI claims are subject to both federal regulations and state-specific considerations. The primary laws governing SSDI backpay include the following:

1. Eligibility criteria: In Louisiana, the eligibility criteria for SSDI benefits are determined by federal regulations, but local interpretations may influence the approval process. Familiarity with federal policies and state standards is necessary for a successful claim. 

2. State-specific processes: While SSDI is federally managed, Louisiana may have specific procedural requirements or additional paperwork. Legal representation can help you effectively deal with state-specific processes. 

3. Local judicial precedents: Judicial precedents in Louisiana can impact how disability claims, especially those involving backpay, are adjudicated. Local attorneys can provide valuable insights into relevant case law. 

4. Coordination with state benefits: SSDI recipients in Louisiana may also qualify for state disability programs, which can impact backpay calculations.  

5. Statute of limitations: Louisiana has specific timelines for filing appeals or correcting errors in SSDI claims. Missing these deadlines can jeopardize your ability to secure the backpay you're owed.

Tips for Maximizing Your Backpay 

Pursuing an SSDI backpay claim can help you receive the money and benefits you're owed. However, there are ways to maximize the payout from your claim. Some tips for maximizing your backpay include the following:

• Document everything: Keep thorough records of medical treatments, employment history, and any correspondence with the SSA. 

• Meet deadlines: Adhere to all timelines for submitting paperwork and filing appeals. 

• Communicate: Keep an open line of communication with your SSDI backpay attorney to promptly address any questions or concerns. 

• Update medical records: Continuous documentation of treatment documentation can demonstrate ongoing disability and should be updated periodically. 

• Consider multiple applications: If your initial application for SSDI benefits is denied, you can reapply or appeal the decision. 

• Understand work incentives: Familiarize yourself with SSA work incentives that allow you to return to work periodically without losing benefits. Programs such as the Trial Work Period can help maintain your benefits while you explore earning potential. 

• Stay informed about policy changes: Stay abreast of changes in Social Security regulations or policies that may affect your eligibility or the calculation of backpay.  

• Consult an attorney: An experienced SSDI attorney can guide you through complicated legal frameworks and provide valuable advice tailored to your situation.

If you or a loved one needs help with an SSDI backpay application or an appeal, reach out to our experienced Social Security disability attorneys at Leavitt & Meunier Law LLC today.