How long should I wait for backpay?

Asked by: Rashawn Swift  |  Last update: January 26, 2026
Score: 5/5 (7 votes)

Back pay duration varies significantly, typically ranging from 2 to 3 years under federal law (FLSA) for wage violations, but potentially longer depending on state laws (like California's 3-year claim period) or specific situations like willful violations (3 years) or Social Security Disability (capped at 12 months before application). The time frame depends on the type of claim (wage theft, discrimination, disability), the reason for non-payment, and specific state regulations.

How long does a company have to pay back pay?

Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies.

What is the largest VA back pay ever?

The largest widely reported VA back pay award is over $720,000 for Korean War veteran Thomas Nielson, who received retroactive benefits for a claim denied for decades, including $663,000 for 20 years of back pay and $57,000 in widow's benefits after his death. Other significant amounts reported by law firms include over $580,000 and $525,000 in retroactive pay for different veterans, often resulting from long appeals or incorrect initial ratings.
 

How far back will they pay for disability backpay?

The Social Security Administration (SSA) generally pays disability backpay for up to 12 months before your application date (called retroactive benefits) and for the time after you applied until approval (called backpay), but there's a mandatory five-month waiting period for Disability Insurance (SSDI) benefits after your disability onset date, meaning you get paid from the sixth month onward, minus the 12-month retroactive cap. For Supplemental Security Income (SSI), payments start from the first month after your established onset date, with no waiting period, but still subject to the 12-month retroactive limit. 

How do I track my disability back pay?

By Phone:

  1. Call SSA at 1-800-772-1213.
  2. Ask for your claim status or payment schedule.

When Will I Get My VA Disability Back Pay?

40 related questions found

Is there a time limit on back pay?

Yes, there are time limits (statutes of limitations) for back pay, typically two years for general wage claims under federal law (like the FLSA), extending to three years for willful violations; however, specific state laws, written contracts, or other types of back pay (like for Social Security Disability) have different rules, so it's crucial to check federal, state, and specific program guidelines. 

Is back pay taxed?

Yes, back pay is generally taxed as wages in the year you receive it, subject to federal income and payroll taxes (Social Security, Medicare), reported on a W-2. While it replaces income from prior years, the IRS treats it as income for the current year, though you might be able to use special methods for Social Security back pay to potentially lower the tax burden, and interest/attorney fees in settlements aren't considered wages. 

How is backpay paid out?

Back pay generally refers to compensation owed due to underpayment or wage violations, including unpaid overtime, minimum wage violations, or legal disputes between employers and employees. Retroactive payments are usually settled privately and are either paid out in the next pay period or a one-time lump sum.

Can an employer refuse to pay back pay?

An employer is liable for back pay if they unlawfully withheld an employee's compensation for any reason, although a few of the common reasons include: failure to comply with minimum wage standards, failure to pay 1.5 times the standard compensation rates for any hours worked per week beyond 40, and management ...

How do I ask for backpay?

What is the Most Effective Way to Ask My Employer for Unpaid Wages?

  1. Say when you worked.
  2. Say what you were supposed to be paid.
  3. Say what you actually got paid.
  4. Keep it short and focused—no legal arguments or emotional language.
  5. Be polite and respectful in tone.

How many days should I get my backpay?

According to the Labor Code, back pay in the Philippines must be released within 30 days from the last date of employment. This applies whether the employee was terminated by the employer or resigned themselves.

What are common reasons for back pay?

Here are some of the more common reasons for back pay:

  • Worker misclassifications (i.e., classifying employees as independent contractors)
  • Wrongful terminations.
  • Payroll calculation errors.
  • Retroactive pay increases.
  • Failure to pay the required minimum wage.
  • Failure to pay required overtime wages.

What is the maximum back pay amount?

Maximum Amount of SSDI Back Pay

A recipient can receive up to 12 months of back pay of SSDI benefits, calculated from the date of onset of a recipient's disability.

Do I get taxed more if I get back paid?

These payments may push an employee into a higher tax bracket for the year they are paid, but employees can apply for a tax offset to reduce their tax liability if the back pay spans multiple years.

How long can my pay be delayed?

An employer generally must pay you on your established payday, with federal law (FLSA) requiring payment "when due," typically the next scheduled payday after work is performed, but state laws set specific frequencies (weekly, bi-weekly, etc.) and define what constitutes a "reasonable" delay, with many states imposing penalties for late payments, like daily penalties for willful delays, or immediate payment for final wages upon termination. 

How does a back pay work?

Back pay, also called back wages or back salary, is the difference between the amount of money an employee has been paid and the amount they are entitled to receive. If you have underpaid an employee, there are certain HR and payroll processes you must follow to ensure they receive the money they're owed.

Why is disability back pay taking so long?

The Social Security Administration has a huge backlog of cases to consider. Three to six months is the average time it takes for the SSA to come to an initial decision on a claim. If the claim is rejected, it may take several more months or even years for the applicant to make their way through the appeals process.

How long does back pay take to process?

Most people receive their back pay in one lump sum within about 60 days after approval. However, in some cases it takes a little longer.

How long after being approved for disability do you get back pay?

After disability approval, you typically get your back pay as a lump sum within 30 to 90 days, often closer to 60 days, but delays are common due to processing, potential offsets for other debts, or if you're getting both SSDI and SSI. For SSDI (Social Security Disability Insurance), a mandatory 5-month waiting period applies before payments start, while SSI (Supplemental Security Income) back pay begins the month after application, with first payments sometimes taking longer due to extra interviews (PERC). 

How long does backpay SSDI take?

SSDI applicants can receive up to 12 months of retroactive pay, depending on when the SSA determines their disability began. Back Pay: This covers the benefits from the time you applied for SSDI to the time your claim was approved.

How can I get my disability back pay faster?

Within 5 years of your benefits ending

Call us and tell the representative you want to file for “expedited reinstatement” of your Disability benefit. You'll answer a series of questions but won't need to file a new application. You might also get benefits for up to 6 months while we review your request.

Does adult disability payment get backdated?

Can Adult Disability Payment be backdated? If you have a terminal illness, your ADP can be backdated to when you were diagnosed as terminally ill, if you claim within 26 weeks of this date. If you make a claim more than 26 weeks after your diagnosis, your ADP can be backdated for a maximum of 26 weeks.