Hello, i was getting widows pension from the VA on my late husband. He was in Military for over 18 years and was on Disability before his death. He's been dead for over 20 years. I got widows pension for over one year. I worked most of my life. Prior i applied for SS disability, i got approved for SS disability. I went to VA and stopped Widows Pension.I have been getting SS disability checks for couple of months. I did not get my back pay, why? Are they keeping it because of Widows Pension. I called several times and they do not give me any answers. They are investigating now into it. Please give me any info on what you know. Thanks.
Hi,
Your VA widow's benefit would have no effect on your Social Security disability benefits.
Whether or not you are eligible for back pay from Social Security depends on your date of filing, and the date that you were determined to meet Social Security's disability standards (i.e. onset date). Social Security disability benefits can be paid for up to 12 months prior to the month of filing, but entitlement doesn't start until a full 5 months after the established onset date.
For example, say John became disabled June 3, 2015, and files for disability benefits on July 2, 2016. If his claim is eventually approved with an established onset date of 6/3/2015, his 5 month waiting period would be July through November of 2015, and he would be entitled to disability benefits starting for December, 2015. Since John filed later than that, he would be due back pay.
On the other hand, when a person files shortly after becoming disabled, they may not be due any back pay. In fact, they may have to wait quite a while for their benefits to begin due to the 5 month waiting period. Your disability award letter should show your entitlement date to Social Security benefits, and you should be paid starting with that month, including any appropriate back pay. Remember, though, Social Security benefits are paid in the month after they are due, so the June check is paid in July, and so on.
Best, Jerry
