The touchstone in disability cases is the ability to work. More specifically, the test is whether an individual can perform a Substantial Gainful Activity (SGA). One of the first tests of whether work is SGA is earnings. In 2012, earnings of $1,010 … Continue reading
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Can creditors garnish Social Security benefits?
Can Social Security benefits be garnished by a creditor? Social Security says “NO”. If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social … Continue reading
Social Security disability just got a bit easier – SDM forms not evidence in appeals
Social Security frequently has single decision makers (SDMs) complete forms describing what an individual can and cannot do in the workplace. These are very important case since the ultimate issue in a Social Security disability is whether an individual can still perform some … Continue reading
Social Security Disability Benefits for Children
Disabled children under age 18 can receive Social Security disability benefits under the Supplemental Security Income (SSI) program, or “Child’s SSI.” In order to qualify for children’s disability benefits, Social Security requires that the child: Is not working at … Continue reading
Social Security Hearings: Competitive and Non-Competitive Work
What does it mean if the Administrative Law Judge or Vocational Expert mentions “non-competitive work” during a Social Security disability hearing? “Non-competitive” refers to types of work: Competitive work is, well, just regular work; with no set-asides, no accommodations beyond … Continue reading
How long do I have to appeal my Social Security disability denial?
If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be … Continue reading
What exactly are Social Security disability benefits?
If you are like most people, you probably have never had to think about what you would do if you became disabled. What would you do if you suddenly could not work? How would you pay your rent or mortgage? … Continue reading
Can a 18 year old full time student still get Social Security child’s benefits?
I was recently asked if Social Security child’s benefits continue for a full-time student who is 18 or over. Here is the answer in a directly from Social Security: No. At one time, SSA did pay benefits to eligible college students, … Continue reading
Can adopted children receive Social Security benefits because of parent’s disability?
Children can get Social Security benefits if they have a parent who is receiving Social Security Disability Insurance benefits (SSDI). 20 CFR 404.350 is the regulation dealing with who is entitled to Social Security child’s benefits. Generally, the child has to … Continue reading
What are Social Security auxiliary benefits
When a disabled individual receives Social Security disability insurance benefits (also known as DIB, SSDI or Title 2 benefits), their spouse and/or minor children may also be eligible to receive Social Security benefits. These benefits paid to the spouse or … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
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, … Continue reading
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