The Law Office of Craig A. Fahey: San Diego SSDI Attorney Explains the Five-Month Waiting Period Lawmakers Are Proposing to Change
Oct 28, 2026
San Diego SSDI attorney Craig A. Fahey explains how the five-month SSDI waiting period works, who is exempt, and what applicants should do while they wait.
San Diego, United States, October 28, 2026 -- Even after Social Security finds a person disabled, benefits do not start right away. Under current law, Social Security Disability Insurance has a five-month waiting period, and bills introduced in Congress this year, including the bipartisan We Can't Wait Act introduced in the House on September 2, 2026, would give newly approved beneficiaries a way around it. San Diego SSDI attorney Craig A. Fahey says that until Congress acts, applicants need to understand how the wait works.
How Does the SSDI Five-Month Waiting Period Work?
Craig A. Fahey, San Diego SSDI attorney and founder of The Law Office of Craig A. Fahey
Under Social Security's rules, SSDI benefits generally begin the sixth full month after the date the Social Security Administration finds the disability began, known as the established onset date. The waiting period is five consecutive full calendar months, so a partial month at the start does not count. The clock starts at the onset date, not the date of application or approval, which means time that passed before a claim was filed or decided can count toward it. Social Security may also pay benefits for up to 12 months before the application date if the disability existed during that time and other requirements are met. An SSDI attorney can review a claim's medical evidence and work history to confirm the onset date Social Security is likely to use.
Who Is Exempt From the Waiting Period?
There is no waiting period for people whose disability results from amyotrophic lateral sclerosis, or ALS, who were approved on or after July 23, 2020, and it does not apply to people filing as children of workers. Supplemental Security Income works differently. SSI has no five-month wait, and payments may begin as early as the first full month after an application is filed or eligibility begins. An SSI lawyer can explain whether SSI or SSDI is the better fit for a particular applicant.
“The waiting period is one of the most misunderstood parts of SSDI,” said Fahey, a Social Security attorney and founder of The Law Office of Craig A. Fahey. “People hear five months and assume it starts the day they are approved, when the clock is tied to the onset date. Getting that date right can change how much back pay a client receives, which is why the medical evidence and work history behind it matter so much.”
What Is Congress Proposing to Change?
Several proposals would change the wait. The We Can't Wait Act, introduced in the House by Rep. Carol Miller (R-WV), with Senate companion legislation from Sens. Susan Collins (R-ME) and Maggie Hassan (D-NH), would let newly approved beneficiaries choose to receive benefits immediately in exchange for a modestly reduced monthly amount. Separately, Sen. Andy Kim (D-NJ) introduced the Stop the Wait Act in September to phase out the five-month wait over five years and to end the 24-month Medicare waiting period for beneficiaries who are uninsured or cannot afford coverage. These bills have been introduced but not enacted, and until Congress acts, the five-month rule remains in force.
What Should Applicants Do While They Wait?
Because the waiting period is tied to the onset date, Attorney Fahey recommends that applicants gather medical records showing when their condition first limited their ability to work, keep treating with their doctors, and apply as soon as they can, since delay can limit how far back benefits reach. A Social Security lawyer can help establish the onset date and gather the evidence that supports it.
Anyone in San Diego with questions about the waiting period or an onset date can speak with an SSDI lawyer at The Law Office of Craig A. Fahey.
About The Law Office of Craig A. Fahey
The Law Office of Craig A. Fahey is a San Diego, California law firm focused exclusively on Social Security disability cases, including SSDI, SSI, and continuing disability reviews. Attorney Craig Fahey spent 15 years working alongside a retired chief judge of the SSA's San Diego hearing office and has recovered over $20 million in benefits for clients. The firm represents recipients throughout San Diego on a contingency basis. Anyone searching for a disability lawyer is encouraged to contact the firm for a free consultation at (619) 280-6565 or visit sandiegodisabilitygroup.com.
Contact Info:
Name: Craig A. Fahey
Email: Send Email
Organization: Law Office Of Craig A. Fahey
Address: 4025 Camino del Rio S Ste 336, San Diego, CA 92108
Phone: (619) 280-6565
Website: https://sandiegodisabilitygroup.com/
Release ID: 89207666
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