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Posts under ‘Definitions’

Special Social Security disability rules for “the worn out worker”


Did you know that Social Security has a special disability benefit rule just for individuals who did not complete high school and who have done hard physical work for most of their lives?
Maine and New Hampshire Social Security Attorney Gordon Gates lets you in on this little know exception:
There is an offbeat little provision in [...]

What does Social Security mean by sedentary, light, medium, and heavy work?


Social Security classifies work into different exertional levels. You might have heard that somebody was denied  because he was still able to do “light work.”
Does  light work in the Social Security case mean the same thing as light work an a workers’ compensation case?
Or, light work that an employer might give you?
Is anything less than the [...]

What is a “closed period of disability” in a Social Security case


What happens to your Social Security case if your condition improves and you can go back to work? If your disability meets the “durational requirement,” you may still qualify for a closed period of disability and still be entitled to Social Security disability benefits.
Most claims for Social Security disability benefits ask for an “open” period of disability: [...]

I earn too much for Social Security disability benefits, what can I do?


To qualify for Social Security disability benefits you have to show that your disability prevents you from being able to work. In Social Security’s words, you have to show that you are unable to engage in a substantial gainful activity (SGA). SGA translates into a maximum dollar amount you are allowed to earn and still be potentially eligible [...]

Fleeing felon definition changed due to class action suit


I previously wrote about how Social Security stops benefits for fleeing felons. However, there has been considerable litigation across the country regarding what constitutes a “fleeing felon.”
Social Security changed its definition of “fleeing” due to a settlement in the nationwide class-action lawsuit.
The April 2009 issue of capital NOSSCR Social Security Forum has a lengthy discussion [...]

Is sheltered work or subsidized work a substantial gainful activity (SGA)?


To qualify for Social Security disability benefits you have to show that your disabilities prevent you from being able to work. In general, you have to show that you are unable to perform a substantial gainful activity (SGA).
However, there are exceptions to this general rule, including Subsidized Wages or Sheltered Work environments.
Social Security can only consider the money you earn in deciding [...]

Is SGA too complicated?


Even if you know the definition of a substantial gainful activity (SGA), could you apply it? Can you be sure that the last job you tried before you applied for Social Security disability benefits was SGA?
Charles Hall proposes that substantial gainful activity (SGA) has become just too complicated.
If one is engaging in SGA, one cannot be considered disabled, [...]

Will I get Medicare or Medicaid with Social Security?


If you are wondering whether you will get Medicare or Medicaid with Social Security, it all depends on the type of Social Security you receive.

Social Security disability insurance (SSDI) comes with Medicare.
Social Security Supplemental Security Income (SSI) comes with Medicaid.

What’s the difference between Medicare and Medicaid?
The Colorado Bar Association has a great page discussing [...]

24 month waiting period for Medicare


If you win your claim for Social Security disability insurance (SSDI), you are also eligible to receive Medicare benefits. But, you don’t get Medicaid right away, with some exceptions, you have to be “in pay status” for 24 months before you become eligible for Medicaid.
That means you have to be receiving 24 months of Social [...]

What is an Unsuccessful Work Attempt?


I previously wrote about the various exceptions which may allow you to keep your Social Security disability benefits even if you return to work. The most common of these is an Unsuccessful Work Attempt (UWA). 
If you work for 6 months or less at a substantial gainful activity (SGA) level, your work may qualify as an Unsuccessful Work Attempt and not affect [...]

You have to be disabled for 12 months – the Durational Requirement


Have you ever seen this in a Social Security denial?
While your condition may prevent you from working at the present, we do not feel that your condition will remain disabling for 12 months.
[Claim denied]
First, Social Security says that you are disabled. Then, they deny the claim. What is going on?

What is the difference between Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI)?


We previously discussed Social Security’s Disability Insurance Benefit (DIB) and Supplemental Security Income (SSI) programs.
The big difference between DIB and SSI is type of income which affects eligibility. 
Under the “Disability Insurance” Program, Social Security considers whether you are working and earning money (engaging in a Substantial Gainful Activity – SGA). If you earn too much money as [...]

What is the “5 month waiting period” in Disability Insurance cases?


If you apply for Social Security Disability Insurance benefits (SSDI or DIB), you may be surprised that Social Security keeps the first 5 months of back benefits.
This is referred to as the “5 month waiting period.”
If you awarded benefits back to January 1st, Social Security actually keeps the benefits for January, February, March… all the [...]

What is the Alleged Onset Date (AOD) in a Social Security disability case?


Here is a quick “Term of the Day”
Alleged Onset Date (AOD) - the Alleged Onset Date is the date your disability began. Or, the date you claim entitlement to Social Security disability benefits.
Also see, “what if the Judge wants me to change the date my disability began?“

What is a Protected Filing Date (PFD) in a Social Security disability case?


The Protected Filing Date (PFD) is the date you contacted Social Security and asked to file an application.
What is so special about that?
The PFD is used to determine how far back your benefits can be paid.
What makes it “protected?”
Since the application process takes time, Social Security does not want to penalize you for delay between [...]