QUESTION
need to know if my father qualifies for back pay since he waited 2 yrs before he received his SS benefits and continued to work?
Asked on Jul 14th, 2014 on Social Security - North Carolina
More details to this question:
My Father signed up for his retirement SS benefits in 2008, he was approved in 2009. Although he was required to move back to his country of origin since he was not a US Citizen/nor a US Resident. Once he moved to Mexico he was able to receive his benefits in 2011; he would like to obtain legal advise from an Attorney that specializes in this area. He did continue to work after he was approved for 2 years, he feels that he is owed for all those months that he continue to work and paid taxes. Please advise us regarding his situation, we have not yet found anyone that can assist him with this issue and he is desperately searching for help! Thanks! Father's name: Aurelio D. Flores
1 ANSWER
Social Security Attorney serving Raleigh, NC
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Lanier Law Group, P.A.
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Dear Ms. Flores,
No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to as "Substantial Gainful Activity" -- which means months in which your father earned more than very minimal wages. You can access the chart for wage thresholds on the ssa.gov website. If your father earned enough to be paying taxes, then he was likely gainfully employed by their standard.
This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.
Answered on Jul 18th, 2014 at 6:20 AM