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CBS Philadelphia helps man get $59K he was owed in Social Security back pay

For a man who leans heavily on his faith, Brian Durkson says his has been seriously tested.

The Nicetown, Philadelphia, man applied for Social Security Disability Insurance, or SSDI, in 2021 after he said chronic lower back pain made it impossible to keep working.

By the time he received his notice of award in 2024, the Social Security Administration determined he was owed more than two years' worth of back pay, totaling more than $80,000.

He started receiving his monthly benefits, but not his back pay. After nearly a year, and unable to get an explanation, Durkson contacted In Your Corner for help.

"I lost faith because nobody's helping," he said. "I've made hundreds of calls to them."

Delayed benefits

Every month, millions of Americans who can't work because of a medical condition rely on Social Security disability payments.

It's a process that can already take months, if not a year or more, from application to approval. When it is approved, applicants are often owed what's called back pay to cover some of that time in between.

But when the wait for that money starts to drag on, it can leave beneficiaries in a financial bind.

"They said it takes time, and I'm worried, I don't know when I'm going to get my money," Durkson told CBS News Philadelphia. "You get very anxious and you even get depressed, and if you don't have money to pay your bills, you're going to go through a lot."

Attorney Marla Joseph Esq. doesn't represent Durkson but often deals with Social Security benefits cases. Joseph said once an applicant is approved, it's rare for a payout to take so long.

"The one thing that happens relatively quickly, the money shows in your account, sometimes before you even get the decision [in the mail]," she said. "It is very unusual, the case you brought to my attention, where somebody is found disabled and then it takes a year to straighten out the money. Usually when that happens, there's something else going on."

Cutting through red tape

One issue that can arise, according to Joseph, is when an applicant is dealing with multiple benefits. Additional calculations are then required because some benefits offset others. Joseph said she advises clients in similar situations to go directly to their congressional representative's office, saying they often have the staff and resources to help escalate the issue.

After reviewing Durkson's file, CBS News Philadelphia confirmed he was approved for both SSDI, which is tied to his work history, and Supplemental Security Income, or SSI, which is a benefit for people 65 and older who have a disability, unrelated to work history.

Durkson previously received roughly $22,000 in what the Social Security Administration classified as SSI backpay. He suspected that could be holding up the rest of his back pay.

CBS News Philadelphia enlisted the help of Durkson's congressman, Rep. Dwight Evans, to cut through the red tape. Within weeks of Evans' office taking up the case, Durkson received two direct deposits into his bank account totaling $59,657, the remaining amount he was owed after accounting for the SSI retroactive payment.

Common causes

A Social Security Administration spokesperson declined to comment on Durkson's case, citing privacy laws, but in an emailed statement did explain that delays can happen for a number of reasons.

"In most cases, both current and past due amounts are paid within days of the award. However, there are situations where payments may be delayed due to various reasons," the statement read. "The timing can also depend on whether the award was made at the initial determination, reconsideration, or hearings level. In every case, our goal is to pay everyone in a timely manner while ensuring that payments are accurate."

The agency provided a list of the most common reasons for delays in the release of retroactive benefits:

  • Case Selected for Quality Review: To ensure the integrity of the program and the accuracy of the award, some cases are selected for additional review.
  • Benefit Coordination (Windfall Offset): Coordination with other benefits, such as SSI and Social Security, may require additional calculations. This may also include State Reimbursements. 
  • Manual Processing or Systems Limitations: Some cases require manual review or calculation or may be subject to systems limitations. 
  • Legal Representative Issues or Actions: Some cases may require development of attorney fee petitions, pending appeals, protests, or the need to establish a legal guardian or conservator.
  • Technical or Payment System Issues: Issues such as incorrect bank information or returned payments must be resolved before funds can be released.
  • Unresolved Eligibility Issues: If there are outstanding questions about eligibility, such as income, resources, or living arrangements, payment may be held until these matters are resolved.
  • Overpayment Recovery or Withholding: If there is a prior overpayment or a requirement for garnishment (such as for child support or tax levies), all or part of the retroactive benefits may be withheld.
  • Representative Payee Development: If it is determined that a representative payee is needed and one has not yet been appointed, payment may be delayed until a suitable payee is found.

With his benefits now in the bank, Durkson said it's proven to him the power of keeping the faith.

"I'm blessed," he said. "You were able to stay on top of things and communicate it with me, well enough for me to know that I have somebody in my corner."

There are fears that delays like Durkson's could get worse in the wake of widespread federal workforce cuts. The Social Security Administration alone has lost more than 7,000 employees since January, with the agency's regional payment centers hit particularly hard, CBS News previously reported.  It's estimated now that there's about one staff member for every 1,400 beneficiaries, according to new analysis by the nonpartisan Center on Budget and Policy Priorities.

Looking for help with a consumer issue? Click here to submit your complaint to In Your Corner.

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