(3) Where a claimant – (a) claims any other remedy in his claim form in addition to those specified in paragraph (1); but (b) abandons that claim in his request for judgment, he may still obtain a default judgment by filing a request under paragraph (1).
Retroactive benefits are paid for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits.
These are benefits that you were eligible for and would have received if you had applied for benefits earlier.
To learn more about disability backpay in general, see Disability Secret's section on Social Security disability backpay.
12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant – (a) has failed to file an acknowledgment of service; or (b) has failed to file a defence.
By using the date your entitlement to payments should begin (discussed in the above section), you should be able to calculate the amount of your back pay. If you are approved for SSDI only, you'll most likely receive one lump-sum payment for the entire amount of your backpayments.
If you are approved for SSI, or SSI and SSDI, the rules are different.
(Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay) (Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.) (Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.) Back to top 12.4 (1) Subject to paragraph (2), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for – (a) a specified amount of money; (b) an amount of money to be decided by the court; (c) delivery of goods where the claim form gives the defendant the alternative of paying their value; or (d) any combination of these remedies.
(2) The claimant must make an application in accordance with Part 23 if he wishes to obtain a default judgment – (a) on a claim which consists of or includes a claim for any other remedy; or (b) where rule 12.9 or rule 12.10 so provides, and where the defendant is an individual, the claimant must provide the defendant's date of birth (if known) in Part C of the application notice.
You must be disabled for five months after your disability onset date before you can start receiving SSDI cash payments.