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.
Child SSI cases after 18th birthday
Disabled children can apply for Social Security benefits under the Title 16 children’s Supplemental Security Income (child SSI) program. Children’s cases are considered differently than adult disability claims. However, after a child turns 18, Social Security applies the adult standard to decide disability. Note: children between 18 and 22 may be eligible for Disabled Adult Child benefits based on their parents’ contribution to Social Security.
What happens if a child turns 18 before Social Security decides if the child is disabled?
Here is what Social Security says on this (20 CFR 406.924):
If you attain age 18 after you file your disability application but before we make a determination or decision. For the period during which you are under age 18, we will use the rules in this section. For the period starting with the day you attain age 18, we will use the disability rules we use for adults who file new claims, in §416.920.
Put another way, Social Security will consider disability under the child standard for the portion of time the individual was under 18, and use the adult standard for the portion of time the individual was 18 or over. That means you, in effect, have to prove the case twice: once under the child standard and again under the adult standard.
Reviewing your Social Security exhibit file – Part 2 Critical Dates
What’s the next thing to review in the Social Security exhibit file after the medical records? Check these critical dates: Alleged Onset Date (AOD) & Date Last Insured (DLI)!
The E section usually contains for two documents that provide this information:
“Disability Report – Field Office”
“Disability Report – Appeal”
These reports also tells you whether Social Security thinks there should be a later (or earlier) alleged onset date and Social Security also discussed whether work after the alleged onset …
The advantages of getting both Social Security Disability Insurance and SSI benefits
I recently wrote about receiving both Social Security Disability Insurance (SSDI or DIB) and Supplemental Security Income (SSI) benefits. Let’s look at the advantages of being on both benefits programs.
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 benefits back to January 1st, Social Security actually keeps the benefits for January, February, March… all the way through May. Your disability insurance benefits will start in June.
What?!?! But, it is my money!
I know! But, that is how the system works!
However, there is an exception to the 5 month waiting period.
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 change the date my disability began?”
How do unemployment benefits affect a Social Security disability claim?
How do unemployment insurance benefits affect a claim for Social Security disability benefits?
Receiving unemployment benefits can be a problem if you have a claim for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) because you are making two inconsistent statements:
To get unemployment benefits, you are claiming that you are able to work, but you cannot find a job.
But, to get Social Security disability benefits, you are claiming that you cannot perform any type of work at a …
What if the Social Security judge wants me to change the date my disability began?
Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file for the first time. During this review, the ALJ will determine if the onset date is established by the medical records. Most factors of a proposal to amend an onset date will be either a specific medical finding that seems to correlate with the claimant’s limitations or the claimant has earning posted to their earnings record, including unemployment benefits.
Long story short, if the Judge is asking you to amend the onset date, they essentially are going to award benefits.
Nate makes a great point, but there is one exception to this general rule of thumb: SSI cases.
What is a Partly Favorable decision in a Social Security disability case?
Getting a Partly Favorable or Partially Favorable decision in a Social Security disability claim is confusing for a lot of people.
First, lets go over what it does not mean. Under the Social Security system, there is no partly or partially disabled. Either your impairments keep you from being able to work (and therefore disabled) or not. There is no half disabled. Disability determinations under the Social Security system are all or nothing. Comment: This is also one reason it is so hard to get on Social Security.
So, the judge has to either find you disabled or not disabled. However, even if the judge finds you disabled, the judge may not be able to give you everything you asked for. In those cases, you get a partly favorable decision.
If you get a partly favorable decision, it usually means one of three things:
Social Security disagrees with the date you became disabled.
Social Security disagrees that your disability continues.
Social Security disagrees with the beginning and/or ending dates of your disability.
Lets take these one at a time:
