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

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

Brian Durkson, a man who relies strongly on his religion, believes it has been gravely tested.

The Nicetown, Philadelphia, man claimed for Social Security Disability Insurance (SSDI) in 2021, claiming that severe lower back discomfort made it impossible for him to continue working.

By the time he received his award letter in 2024, the Social Security Administration had concluded that he was entitled more than two years of back pay, totaling more than $80,000.

He began getting monthly benefits, but not back wages. Durkson sought assistance from In Your Corner after nearly a year of not receiving an explanation.

“I lost faith because nobody’s helping,” he stated. “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 can already take months, if not a year or more, for an application to be approved. When it is authorized, applicants are frequently owed “back pay” to compensate for the period spent in between.

However, if the wait for the money becomes too long, beneficiaries may find themselves in a financial bind.

“They said it takes time, and I’m concerned; I don’t know when I’ll 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. does not represent Durkson but frequently handles Social Security claims disputes. Joseph stated that after an applicant is authorized, it is unusual for a payout to take that long.

“The one thing that happens relatively quickly, the money shows in your account, sometimes before you even get the decision [in the mail],” according to her. “The instance you brought to my attention is quite unusual, in which someone is found incapacitated and it takes a year to sort out the money. Usually, when that happens, there is 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 analyzing Durkson’s file, CBS News Philadelphia confirmed that he was authorized for both SSDI, which is linked to his job history, and Supplemental Security Income, or SSI, a benefit for those 65 and older who have a disability that is unconnected to their employment history.

Durkson had previously earned around $22,000 in what the Social Security Administration characterized as SSI back pay. He assumed it was holding up the remainder of his back money.

CBS News Philadelphia sought the assistance of Durkson’s congressman, Rep. Dwight Evans, to break through the red tape. Durkson got two direct deposits into his bank account totaling $59,657 within weeks of Evans’ office taking over the case, which was the remaining amount he 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 situations, both current and past-due balances are reimbursed within days of the award. However, payments may be delayed for a variety of reasons, according to the statement. “The timing can also vary depending on whether the award was made at the first determination, reconsideration, or hearings stage. In every case, our goal is to pay everyone on time and accurately.”

The government gave a list of the most prevalent reasons for delays in the provision 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.

Durkson believes that having his benefits in his bank account has demonstrated the strength of perseverance.

“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 concerns that delays like Durkson’s will worsen in the wake of broad federal worker cuts. Since January, the Social Security Administration has lost over 7,000 employees, with the agency’s regional payment centers being particularly hard hit. According to a new research by the nonpartisan Center on Budget and Policy Priorities, there is now an estimated one staff member for every 1,400 beneficiaries.

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