What is the “Five Month
Waiting Period?”

   For disability cases (Title II SSDI) Social Security does not pay you monthly benefits for the first five full months after you have been found disabled.  I have never seen an official explanation for the five month waiting period but I suspect that it is reflects a policy that claimants should use up any vacation or sick time before collecting benefits.  Not paying for the first five months of benefits also saves the Social Security Administration a lot of money.

   Many people find the five month waiting period calculation confusing - perhaps the best way to explain it would be to give you a couple of examples:

Example 1:  On May 17, 2005, Tom falls off a ladder at home and herniates two disks.  Because Tom is also diabetic, his recovery is complicated and his surgery does not go well.  In November, 2005, Tom files for SSDI, alleging an onset date of May 17, 2005.  The Social Security judge approves Tom’s case in April, 2007 and finds him disabled from May 17, 2005 and that his disability continues.

When SSA processes Tom’s claim, they will pay him a lump sum from November, 2005 through April, 2007 and monthly benefits beginning in May, 2007.  Why November, 2005?  The five month waiting period calls for five full months.  Therefore, the waiting period consists of June, July, August, September, and October, 2005.  November is the first month for which Tom can get paid.

Example 2:  On September 2, 2003, Sally has a severe heart attack resulting in permanent damage to her heart.  Sally recovers at home, but does not give up the idea of returning to work.  She tries to return to her job and other jobs three or four times, but each time she tries, she can barely make it through a day or two.  Finally, on January 8, 2006, Sally files for disability, alleging a September 2, 2003 onset date.

Sally’s hearing is scheduled for September, 2007 where the judge approves her claim and finds her disabled as of September 2, 2003.  For what months will Sally receive a lump sum award?

Sally will receive a lump sum for the period of January, 2005 through September, 2007.  Why?  The five month waiting period includes the first five full months of her disability, in this case October, 2003 through February, 2004. 

Because Sally did not file her application until January 8, 2006, she can only recover benefits for the 12 months prior to her application date - in this case January 8, 2005.  Because the five month waiting period starts on the onset date, however, she can collect the full year’s worth of past due benefits.  In other words, her five full month waiting period had already run well before the date that Sally became eligible for payment.