Rather urgent information needed

Short background: I have applied for SSDI and am at the hearing stage. My attorney believes that I will have my hearing in September 2016, which will be forty (40) months since I first applied. I have a number of serious physical conditions that are worsening and am collecting collateral health damage by trading labor for a roof over my head in a barn. The alternative is homelessness so I'm doing what I must.

A close family member, who lives too far away to offer housing assistance, asked me to sign a release of information for both my attorney and primary care provider. I did so; I trust this person implicitly. He called me on Saturday and told me what I already knew - that my attorney was extremely confident that I would be awarded SSDI at my hearing, and my primary care provider agreed, saying that he had never seen someone with my health history be denied.

He then offered to go to the bank on Monday and apply for a personal loan. If approved, he proposes to loan me the necessary money to survive until after the hearing without having to exacerbate my condition through working. An incredibly generous offer, and one that I expect that I will take but I have a few questions first that I simply cannot answer - and I'm hoping that you can.

1. How long after an approval does one have to wait for back pay? I understand that it is divided into three payments. If this is true, do the attorney fees ($6000) come out of the first payment or is it divided between all three? Or something else? Are the three payments more or less equal in size - i.e. 33% - 33% - 34%

2. I know that I'll be getting approximately $1500/month (assuming that I am approved) that will be more or less half SSI and half SSDI. However, I understand that Social Security holds back paying one or the other for a period of time (I believe it is either six months or a year). Can anyone tell me either what the total payment would be based on my numbers, or clarify these issues for me so that I may calculate for myself?

This loan very well may save my life, but I will not accept it unless I know that I am able to pay them back in full and tell them on what day they will have their money back. We both know that there is no guarantee that I will get it but are both willing to gamble on the outcome to that extent - but I refuse to gamble that they will default on their loan because I didn't do my homework.

Thank you for any assistance you're able to provide me with.

I am sorry to hear it has taken this long to get to a hearing and that things are not going well. I will definitely be hoping for the best.

I can tell you about my experience....
It was 36 months before my hearing. I received a favorable decision from the court hearing and their approval a month later from the hearing, and then I received a lump sum check for the total back benefits and for the current month SSDI two months after I received the favorable decision. The attorney fees were already withdrawn from it. I don't know about the payments being divided into 1/3's. This may have changed since my award and if so, I apologize that I cannot answer your question about this as to when or how they might be divided.

Be sure though come tax time to know that you will need to refile taxes for the years of back payment if you received any other taxable income during that time; otherwise it appears you received all that income for the wrong year or all at once as oppose to throughout that time had it been awarded, which would have been in the appropriate years, for those years also including the attorney's amount (even though you did not technical receive the attorney's fees, this was awarded to you and counts as income.) It would be best to consult a tax preparer/specialist to be safe regardless.

My SSDI monthly started with the back payment check and from that point forward. I did not qualiy for SSI so I cannot answer what happens with SSI. I am sorry.

Again, hoping for the best for you and hang in there.

I think you are mixed up about a few things.

SSI is only given to disabled persons who either don't get any SSDI, or whose SSDI is very small. The maximum SSI benefit is now $733. That's the amount the federal government would give you, if you were found disabled and weren't getting any SSDI, due to not having worked long enough. (Some states kick in a bit more money to their residents who get SSI.) For people who do get SSDI - but only get a small amount (meaning less than $733) - the federal government will grant you SSI in an amount to bring your total up to $733.) So if your SSDI check is $733, or more, you won't get any SSI. (In some states, you might get a small amount from your state.)

The other thing you are confused about concerns the Social Security Administration holding back payments for an interval. That interval is 5 months, and it is counted from the first day of the onset of your disability. Then, when your checks start, they come a month after they are earned. So the waiting period ends up being 6 months after the start of your disability. That applies equally to both SSDI and SSI.

You can ask your attorney what date he is using as the onset of your being unable to work. That date was put on your application for disability. It might be the same as the date you applied, or it might be earlier.

If you haven't done so yet, be sure and apply to your local housing authority for a federal housing subsidy (Section 8 Subsidy.) There is a long wait to get that (a few years,) but it can add a few hundred dollars a month to your income.

Also, apply for food stamps now, if you haven't already. You might get those immediately.

Your accumulated back benefits will be at least 40 X $733.