How SSDI Back Pay Works
Everything you need to know about Social Security disability back payments
5 mo
Waiting Period
18 mo
Avg Back Pay
25%
Max Attorney Fee
$7,200
Fee Cap (2026)
SSDI Back Pay Timeline
Established Onset Date (EOD)
The date SSA determines your disability began. This is the starting point for all calculations.
5-Month Waiting Period
By law, no benefits are paid for the first 5 full months after your onset date. This period is unpaid.
Back Pay Accumulates
Starting month 6, you accrue benefits every month until you're approved. The longer the wait, the larger your lump sum.
Approval & Payment
Once approved, you receive all accumulated back pay (minus attorney fees if applicable) as a lump sum within 1-2 months.
Types of Back Payment
Regular Back Pay
Benefits from the 6th month after onset until your approval date. This is the standard back pay most recipients receive.
Retroactive Benefits
Up to 12 months of benefits for the period BEFORE you applied. Requires your onset date to be 17+ months before approval.
Attorney Fees (2026)
SSDI attorney fees are regulated by the Social Security Administration. Attorneys can only charge:
- 25% of your past-due benefits (back pay only, not future benefits)
- Maximum of $7,200, whichever is LESS
- Fee is paid directly from your back pay by SSA (you don't write a check)
- No fee if you don't win (contingency basis)
Important Notes About Back Pay
- • Large back pay amounts (over ~$10,000) may be paid in 3 installments, 6 months apart
- • Back pay may affect other benefits like SSI, Medicaid, or SNAP temporarily
- • SSDI back pay is generally NOT taxed at the federal level (consult a tax advisor)
- • You should receive your lump sum within 60 days of approval
Advertisement
This information is for educational purposes. Contact the SSA at 1-800-772-1213 or a disability attorney for your specific situation.