Category Archives: Definitions

Definitions of common terms in Social Security cases.

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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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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 … Continue reading

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How Social Security reviews cases: the 5 step sequential evaluation process

I have written about how Social Security defines disability, work, and a substantial gainful activity. But, how does Social Security really evaluate a case? Social Security reviews cases using the five-step sequential evaluation process to decide is a person is … Continue reading

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Trial work period and Social Security disability benefits

Social Security encourages you to try to go back to work to see if you can do it. A Trial Work Period (TWP) lets you work and still be considered disabled by Social Security. A beneficiary receiving Social Security disability benefits may … Continue reading

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Supplemental Security Income (SSI) or Disability Insurance Benefits (DIB)?

Social Security has two different benefit programs for individuals who are disabled. Disability Insurance Benefits (DIB, also known as SSDI, or Title 2 benefits); and Supplemental Security Income (SSI or Title 16 benefits). Because of its name, it is a common … Continue reading

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I was denied because I was not disabled before my date last insured. What is the “date last insured?”

Social Security a bit like car insurance:  you pay your premiums to obtain insurance covered.   When it comes to Social Security, your premiums are your payroll taxes and the coverage is disability insurance.   In order to qualify for Social … Continue reading

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Am I disabled? Should I apply for Social Security benefits?

A lot of people ask me how Social Security decided if they are disabled. I can’t do the work I have done for 35 years.  Am I disabled? I stopped working to take care of a family member, but now … Continue reading

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Social Security overpayments: what you need to prove to win!

Overpayment cases are very tough to win.  If you decide to fight an overpayment, you need to know what you are up against. Here is what the law says about how Social Security evaluates whether you have to pay back an … Continue reading

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Are You Disabled?

The Bipolar Blog has a great series of posts on applying for Social Security benefits. The first article presents this situation: My wife feels disabled. She used to teach junior high school Spanish full time for over $60,000 per year. … Continue reading

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Survivors’ benefits for widow/ers and children

Survivors’ benefits are a type of Social Security benefits paid to surviving family members when someone dies.  This may include benefits paid to the widow(er), parents or children. In my experience, not a lot of attorneys take survivors’ benefits cases … Continue reading

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What if I am earning more than the Substantial Gainful Activity amount?

A number of people responded to my prior post about “substantial gainful activity” amounts. To briefly review: the general rule is that you cannot earn more than the substantial gainful activity amounts to be found disabled. What do I do … Continue reading

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