Trying to work can sometimes help a Social Security disability case
Working while applying for Social Security disability benefits is a topic I have previously discussed. However, reading that article, you might come to the conclusion that it is never a good idea to work if you are either on, or applying for Social Security benefits (including Supplemental Security Income – SSI benefits).
However, there are circumstances where trying to go back to work may help a individual’s case.
For adults, the closer you are to 18, the more likely it is that Social Security will expect you to be able to perform some type of a substantial gainful activity (SGA), typically full time work.
If you are in your late teens or 20s, the issue often comes up of whether you are unable to work, or if you are just unwilling to work.
If you have a spotty work history with minimal, or no earnings, Social Security may wonder if you are simply trying to get disability benefits to get a regular source of income.
The same is true if your Social Security benefits would pay you the same amount, or more, than what you have earned while working.
In any of these examples, you have a serious credibility problem!
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 …
Seven facts about complex partial seizures
Today’s guest article is contributed by Meredith Walker, who writes about the masters in public health. She welcomes your feedback at “MeredithWalker1983 at gmail.com” Enjoy the article and please make her feel welcome!
Complex partial seizures are epileptic seizures that affect one particular region of the brain. These seizures do not usually cause a tonic seizure more commonly associated with epilepsy, but instead affect thoughts and behavior.
Sufferers may go undiagnosed or misunderstood as this type of seizure is often not recognized as a physical disability and thought, instead, to be a mental disorder. Even when diagnosed, those with complex partial seizures may feel isolated as this invisible disability may …
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 …
How much can I earn and keep my SSI?
This is a particularly tough question. I previously wrote about how earning more than the Substantial Gainful Activity amount may cause your benefits to be stopped in Social Security Disability Insurance cases.
In SSI cases, I just learned that you can earn more than the SGA amount and still keep your SSI benefits.
WARNING: I do not pretend to be a understand SSI benefits calculations. I strongly encourage anyone reading this to check this information with Social Security. Also, any Social Security technicians are more than welcome correct any errors I may make here.
To figure out how much you can …
Where is your Social Security file? Try the automated file locator
This is just pure gold. I wish I could take credit for finding this, but Gordon Gates deserves major kudos for discovering this service.
…there is a number (not a person) to call to inquire about a Social Security disability claim. Call the automated file locator number: 1-410-965-8882. The number is available only during business hours. You will be asked for the first 5 digits of your client’s Social Security number.
The automated file locator will give you the telephone number of the office handling that claim. When you call that phone number, you get to talk with a person who can actually help you.
So, if you …
Social Security News
The “Social Security Hot Topics” Continuing Legal Education (CLE) program provided quite a bit of information about the state of Social Security.
More judges on the way:
150 new judges already hired in 2009.
20-30 additional judges to be hired before end of 2009
~200 more judges to be hired in 2010.
Applications on the rise:
With the poor economy, more people are filing for disability benefits. There has been approximately a 25% increase in new claims filed in 2009.
Psychological problems loom large in disability cases:
35-40% of disability cases involve mental limitations.
New National Hearing Centers (NHC) coming online:
National Hearing Centers handle video hearings only, and can hear cases from around the country to try to reduce …
Do you need an FCE in a Social Security case?
I was recently asked if you need a functional capacity evaluation (FCE) in a Social Security disability case. No, but it really helps if you can get one.
As I previously wrote, it is vital to get a statement from your doctor about your abilities and limitations in the workplace. This is sometimes called a medical source statement, medical opinion, or a statement of your residual functional capacity.
Normally, this medical opinion is just your doctor’s “best guess” of what you can and cannot do. I don’t want to put this down. A doctor who knows your condition, and who knows you, can make a very good guess about how the conditions affects you and how it would affect you in the workplace.
However, a functional capacity evaluation objectively tests what you can and cannot do. A typical FCE will take 4 to 6 hours to test what you can do. You will be tired and quite possibly sore after it is done. However, this is often the very best evidence of your abilities and limitations.
Social Security already sent me to a doctor who had me bend and stretch. Is that the same thing?
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 of this:
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.
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, but SGA is a term of art. Work may not be SGA if low earnings, unsuccessful work attempts, made work, subsidized employment, impairment related work expenses, trial work periods, etc. are taken into consideration.
…The …
Maximum attorney fees increase to $6000
If you hire a lawyer on a Social Security case after today, you may be surprised to learn that the maximum fees are $6,000.
I thought the most a lawyer can charge in a Social Security case was $5,300? That’s what the attorney who helped my cousin said.
Don’t worry, no one is trying to pull a fast one. Social Security has just increased the fee cap (for the first time since 2002).
I have to pay $6,000 to hire an attorney?!?
No, the $6,000 amount is the cap on attorney fees. In most fee agreements:
You only pay fees if you win …
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 the differences. Here is a quick summary:
Medicare provides only partial coverage, and requires beneficiaries to pay premiums, deductibles, and co-payments.
Medicaid provides more complete coverage, without significant payments from the beneficiaries.
Click to read more about the differences.
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 Security disability insurance to get Medicare.
Another two years? I just waited two years to get my case approved.
Fortunately, Social Security considers your back benefits when they count the 24 months. So, if Social Security 24 months of back Social Security disability insurance, you …
Service dog programs for autistic children
We have written about service dogs for children with autism and mentioned two groups which provide training: 4PawsforAbility and Guiding Eyes. The response has been amazing! A lot of people want to learn more about these programs.
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Many people have asked who is eligible for a service dog?
