Are earnings in WTU considered SGA for Social Security disability benefits?
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 per month (before taxes) suggests the work is SGA. However there are exceptions to this. One of these is for sheltered work as defined in 20 CRF404.1574(a)(3).
If you are working in a sheltered workshop, you may or may not be earning the amounts you are being paid. The fact that the sheltered workshop or similar facility is operating at a loss or is receiving some charitable contributions or governmental aid does not establish that you are not earning all you are being paid. Since persons in military service being treated for severe impairments usually continue to receive full pay, we evaluate work activity in a therapy program or while on limited duty by comparing it with similar work in the civilian work force or on the basis of reasonable worth of the work, rather than on the actual amount of the earnings.
The idea behind sheltered work is that an individual may not be earning all of what they are being paid. The value of the individual’s work may be half (or a different percentage) of the amount actually paid. The amount paid over the value of the work is a subsidy. Social Security only counts the value of the work and not the subsidy in determining if the work is SGA.
For may injured soldiers, before discharge from their branch of service, they may be placed into a Warrior Transition Unit (WTU) or similar program. While the soldier’s salary stays the same, the duties are greatly reduced.
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 Security Act (42 U.S.C. 407).
Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits.
However, as noted above, while Social Security benefits cannot be garnished by a creditor, there are times when they can be garnished by the federal government.
When can that happen? Social Security provides the following instances when Social Security benefits can be garnished:
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 type of work.
§404.906 describes the SDM process:
(2) In the single decisionmaker model, the decisionmaker will make the disability determination and may also determine whether the other conditions for entitlement to benefits based on disability are met. The decisionmaker will make the disability determination after any appropriate consultation with a medical or psychological consultant. The medical or psychological consultant will not be required to sign the disability determination forms we use to have the State agency certify the determination of disability to us (see §404.1615). However, before an initial determination is made that a claimant is not disabled in any case where there is evidence which indicates the existence of a mental impairment, the decisionmaker will make every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment pursuant to our existing procedures (see §404.1617). In some instances the decisionmaker may be the disability claim manager described in paragraph (b)(1) of this section. When the decisionmaker is a State agency employee, a team of individuals that includes a Federal employee will determine whether the other conditions for entitlement to benefits are met.
The problem with a SDM deciding an individual’s limitations is that SDMs are not doctors, nor nurses, nor any type of medical professional. The SDM is often the Social Security case manager working in the Disability Determination Services (DDS) office.
The SDM often works with a medical expert to evaluate the extent of a claimant’s impairments and the resulting limitations. However, it is the SDM, not the medical professional, who often completes the limitations forms and decides whether an individual is disabled.
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 a job that Social Security considers to be substantial work; and
Has a physical or mental condition (or a combination of conditions) that results in “marked and severe functional limitations.” This means that the condition(s) very seriously limits his or her activities; and
The condition(s) has lasted, or is expected to last, at least 1 year or is expected to result in death.
Note: some conditions result in presumptive disability decision. If your child has one of these condition, he or she may be able to be instantly approved.
However, the majority of children’s disability cases focuses on the second part, the requirement of that a condition produces “marked and severe functional limitation.” There are several ways of doing this:
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 the norm.
Work that is performed under special circumstances or that is set aside for disabled individuals (for example: work through Goodwill Industries) is typically viewed as “non-competitive.”
SSR 05-02 (a Social Security Ruling) provides guidance about what constitutes “work under special condition.”
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 denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.
The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:
The appeal options. What you can do if you disagree with the action or decision.
The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
How long you have to file the appeal.
If you have lost your Social Security denial?
If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.
Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.
Lets get down to brass tacks. Here are the most common Social Security deadlines:
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 yourself in this situation.
Generally, Social Security disability benefits provide two things:
Monthly cash benefits – to help you pay for your expenses.
Health insurance (Medicare or Medicaid) – to help you pay for your medical expenses.
Social Security has two similar disability programs: Social Security Disability Insurance (SSDI) and Supplemental …
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, but the law changed in 1981. Benefits stop when a child reaches age 18 unless he or she:
Is disabled; or
Attends a secondary (grade 12 or below) or elementary school full-time.
In general, benefits end when:
The student graduates ; or
The student turns age 19 and two months, whichever is first.
Normally, benefits stop when a child reaches age 18 unless he or she is disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits generally can continue until he or she graduates or until two months after he or she reaches age 19, whichever is first.
Here are the applicable regulations:
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 parent, unmarried, and under 18.
What happens in cases of grandparents, step-parents, or parents who adopt children? Are their children entitled to Social Security child’s benefits?
Social Security …
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 minor child are called “auxiliary benefits.”
Wait a minute, I’m on SSI, but my kids didn’t get any Social Security benefits.
Whether a spouse or children receive Social Security benefits depends on which Social Security benefits the spouse or parent is receiving. There are two kinds of Social Security disability benefits: Social Security disability insurance (SSDI) and Supplemental Security Income (SSI).
Note: …
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 the Social Security regulations that grants benefits for a worker who fits a particular vocational profile. This is the “worn out worker” rule.
The rule has 3 requirements for claimants:
1) a marginal education,
2) 35 years or more of only arduous unskilled physical labor,
3) the …
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 regular job duties, light work?
Actually, light work is a description of one of the four exertional levels of work (how physically demanding a job is).
Social Security has very specific definitions for all exertional work levels. Let’s take a look at them:
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: you are disabled now and for the foreseeable future.
A closed period of disability has a definite beginning and ending date for your disability, and has to last at least 12 months. In a …
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 for Social Security benefits.
For 2011, the most you can earn is $1,000 per month (before taxes or deductions). If you earn more than this, Social Security …
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 if your work is a substantial gainful activity. Anything over the “reasonable value” of your work, may be a subsidy. Social Security cannot consider a subsidy, basically a “gift,” as earnings in determining if the work is a substantial gainful activity.
A subsidy is any compensation over the fair value of your work. This often happens if you work for a family member or if you work through an agency like Goodwill.
If you are paid for a 40 hour week but you only work 25 hours, you have a 15 hour subsidy. Another possibility is if the value of your work is $8.00 an hour, but you are paid $10.00 an hour (a $2.00 an hour subsidy).
If you subtract the subsidy, and your gross income is below the SGA amount, you might still be able to keep your Social Security benefits.
