Can I get Social Security disability without losing income?
I was recently asked the following question:
I need my job to survive. I can’t quit. I have some vacation days and sick time, but it is not enough to go without pay until they tell me I qualified.
How do I still work and file for SS Disability without loosing any income?
I have previously discussed working while applying for disability benefits. However, this question presents some new issues. Generally, I consider transferring from work to Social Security disability with no loss of income as an unrealistic goal. Here is why:
The processing time on an initial claim is about 4-6 months (in Colorado).
The test of disability under Social Security is an inability to perform work (at a substantial gainful activity level). So, working at SGA, after considering the exceptions) is a problem. Note: if an individual works below SGA level, it would not be a bar to receiving disability benefits. However, any work is still be an issue.
Social Security requires that a disability be expected to last 12 months or longer. This is the “durational requirement.” While Social Security does not require that a person is out of work (or working below the SGA level) for 12 months, Social Security can deny cases if it feels that while a person is currently disabled, but is unlikely to remain disabled for 12 months.
There is also the 5 month waiting period (on SSDI claims), during which SSA withholds the first 5 months of benefits. If the alleged onset date is the last date an individual worked, Social Security would still keep the first 5 months of benefits. So, even if an individual is approved within 30 days of applying, there may still be a waiting period in which no benefits are paid. Note: this only applies in SSDI case (there is no waiting period in SSI cases). However, SSI cases do not pay benefits before the filing date.
If you have read all that and digested the information in the links, you have a pretty good idea of what you are up against.
Social Security Hearing Judge Approval Rates
The rates cover September 25, 2010 through July 29, 2011 and provide:
Total number of decision.
Full approvals.
Partially favorable approvals.
Denials.
The chart also lets you sort by each column. So, if you want to see how your judge stacks up to the other judges in the same hearing office, click the second column to sort by ODAR office.
Social Security Ruling: Documenting and Evaluating Disability in Young Adults
September 10, 2011 saw the second SSR issued for 2011 (effective September 12, 2011). You can also view and download the entire ruling as a PDF here.
SSR 11-2p deals with Documenting and Evaluating Disability in Young Adults. Much of the ruling is a summary of how Social Security should evaluate cases for claimants with ages between 18 and 25. However, there are several interesting items:
First, the ruling makes it clear that evidence generated during childhood (before the 18th birthday) can be relevant in an adult claim.
Social Security to go “broke” in 2017
AP reports Social Security may run out of funds to fullyfund Social Security disability benefits as early as 2017:
New congressional estimates say the trust fund that supports Social Security disability will run out of money by 2017, leaving the program unable to pay full benefits, unless Congress acts.
…
The trustees who oversee Social Security are urging Congress to shore up the disability system by reallocating money from the retirement program, just as lawmakers did in 1994. If Congress does not act, the disability program will collect only enough payroll taxes to pay about 85 percent of benefits after the trust fund is exhausted in 2017.
So, Social Security may not have …
Social Security lawyers and percent won
Do you know how to find a good lawyer? How about asking:
What percentage of cases do you win?
A high percentage of wins sounds good to many people. However, it doesn’t necessarily mean you will get a good lawyer.
Let me let you in a secret: lawyers know high percentages impress people. A lawyer with a 99% success record sounds better than one who wins 75% of cases. It is good marketing to keep a high percentage of wins. Not good “lawyering”, good “marketing.” That means lawyers may do anything to keep their percentages up.
How do lawyers keep a high percentage of wins? By turning away cases that may lose. That means, not …
Is a 504 plan or IEP enough to win Social Security children’s benefits
My Colorado law office handled a number of Social Security disability benefits for children. Often parents have a 504 plan or an IEP (Individualized Education Program) from the school. Parents often ask me if this is enough to have their child approved for children’s disability benefits.
Unfortunately, typically not. While a 504 plan or an IEP is good evidence and often contains useful information about the child’s disability, it is often not enough by itself.
There is no single formula for winning a disability case. There is a wide range of possible …
Social Security offices cutting hours
Social Security offices are cutting the number of hours they are open to the public by 30 minutes each day. This is part of a nationwide program reduction caused by budget cuts (including cuts to 1,600 jobs at Social Security nationwide).
As of August 15, 2011, the Colorado Springs Social Security office will be open to the public from 9am to 3:30pm.
Social Security is encourage use of the Social Security website for most tasks. However, if you need to speak to a Social Security employee in person, get there early folks!
Source: Colorado Springs Gazette
Social Security denied me disability benefits using a doctor of WHAT?
Social Security has physicians review disability cases as medical consultant’s to make opinions on individual’s abilities and limitations. However, what good is the medical consultant’s opinion if they don’t have expertise in with the disability in question.
Per Nate Craig:
… you may also want to look at the Medical Consultant’s Code attached to the State Agency’s opinion. I am finding more and more reviewing physician’s making opinions outside their professional field. Recently an ALJ relied on the State Agency’s opinion where the initial decision was made by a SDM and then affirmed by a “dermatologist” MCC of 6. The AC kicked it back with the directive for another physical CE. At the remand hearing, the same ALJ entered a decision of disability back to original onset date.
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:
10 Steps to Prepare for your Social Security Hearing
My friend, Maine disability lawyer, Gordon Gates, has put together a free e-book, 10 Steps To Prepare For Your Social Security Disability Hearing.
In it, you’ll learn:
How Social Security reviews cases.
What you can do while waiting for your hearing.
How to expedite cases.
The information you will need to have at your hearing.
Check it out! Download a copy here.
Does Social Security family maximum reduce disability benefits?
We’ve previously talked about the Social Security Family Maximum, which limits the total amount of auxiliary benefits that paid out on any case. We have also discussed how a new child can reduce the auxiliary benefits for other children.
I was recently asked by a divorced dad if the auxiliary benefits paid out to others based on his disability (especially if the family maximum is reached) reduce his benefits?
No. Here is how Social Security explains it:
I’ve heard that there is a …
Documenting Social Anxiety for Social Security
Preface: It should be noted that medical evidence (such as treatment records and opinions) are often the best evidence of how social anxiety disorder is disabling. However, by its very nature, social anxiety disorder can make treatment difficult if not impossible. This post discusses alternative methods of documenting a social anxiety disability case.
Every case is different so it is very difficult to make general statements about how to prove a case. At least, other than, “make sure SSA gets your medical records.” Personally, I recommend working with a lawyer to help figure out the best way to develop your …
Social Security disability review for children turning 18
Many parents mistakenly believe children’s Social Security disability benefits (Children’s SSI) are forever. However, that is not the case. If your child is still on disability when he/she turns 18, you may receive a letter that says the following:
Earlier we wrote to tell you that we would review your Supplemental Security Income (SSI) disability case to decide if you were still disabled. We are writing now to tell you that because you are over age 18, we will use the same disability rules we use for adults who file new claims to decide your case. However, we will not apply the rule that says we must deny your claim if you are working.
Doctors and other trained staff will decide if you are disabled under the disability rules for adults. We may decide that you are not disabled under the disability rules for adults and your SSI payments could stop. The disability rules for adults are different than the disability rules for children we used when we last looked at your case. So we may find you are not disabled now even though we found you disabled before. When we decide we will let you know our decision. Our letter will explain your right to appeal the decision. If you appeal the decision you can also choose to have us continue to make payments until we decide the appeal.
Social Security has to make a re-determination of disability at age 18 in order for benefits to continue. In short, once a child turns 18, they have to once again prove they are disabled — this time under the adult standard.
Deaf, Hard of Hearing, & Blind Resource Expo
This Friday, June 3, 2011, the Department of Vocational Rehabilitation and Independence Center, in partnership with the Access 2 Sign Language and Sign Language Network present the Deaf / Hard of Hearing / Deaf Blind Resource Expo.
The expo will be held at the Independence Center at 729 Tejon Street in Colorado Springs between 9 am and 1 pm. For more information, contact Angela at 719-471-8181 V/TTY or 719-358-2513 VP.
Social Security benefits increase coming in 2012?
After a two years freeze in Social Security benefits, a thaw may finally be coming. The Baltimore Sun reports:
The Social Security trustees’ annual report released this month estimates that the cost-of-living adjustment in next year’s checks will be 0.7 percent. The increase, which will be announced in October, could be higher, depending on where prices head in the coming months.
So, we won’t know for sure until October and the increase may be as small as 0.7 percent, and not put into effect until 2012. Hurray(?)
UPDATE 10/18/11: The 0.7 increase was the only news of an increase in 2012 for a long time. AP reports a real cost …
