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Posts under ‘Definitions’

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 back to square one.
Check your denial
The best tip I can offer if your case is [...]

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? How would you afford to see your doctor?
Social Security provides help if you ever find [...]

What’s new in Social Security in 2010?


The Social Security Red Book page has a nice summary of the the changes in the Social Security system in 2010:
We increased the Substantial Gainful Activity SGA amount for individuals with disabilities, other than blindness, from $980 to $1000 for 2010.
The SGA amount for individuals who are blind is $1,640 for 2010. The amount is [...]

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. At first blush, the regulations seem to suggest it might be possible.
20 CFR 404.350 “Who is entitled to child’s benefits” states
(a) General. You are entitled to child’s benefits on the earnings record of an insured [...]

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 qualify as the parent’s child (more on this in a moment), be dependent on the [...]

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 [...]