Do you want to know how much you would receive in Social Security benefits if you were disabled, retired, or if your spouse died?  

Social Security has online calculators, as well as calculators you can download (Mac version too), to help you estimate what your Social Security benefits will be. 

If you have problems using these calculators, Social Security also estimates your retirement, disability, and family maximum benefits in the ”Social Security Statement” it mails to you every year before your birthday. Tip: the benefit estimates usually appears in the inner, left page.  

Have you tried Social Security’s benefit calculators?  Were they easy to use, or did you have problems?  Tell us in the comments!

If your work is performed at a Substantial Gainful Activity (SGA) level, you may be able to reduce the income Social Security considers to bring your gross income below SGA levels.

One way to do this is through Impairment Related Work Expenses (IRWEs). Here is what Social Security describes IRWEs:

An IRWE means an expense for an item or service which is directly related to enabling an impaired individual to work and which is necessarily incurred by that individual because of a physical or mental impairment. Such an expense may involve payment for the purchase, installation, maintenance and repair of an impairment-related item or payment for an impairment-related service. Any medically necessary expenses related to your impairment which are necessary to allow you to work are deducted from your gross income.

If you are disabled, but some type of medical care or service allows you to be able to work, the cost of that care or services may be deducted from your gross income.

This might make you eligible to continue receiving Social Security benefits even though you are working, and your work is a substantial gainful activity (SGA).

One critical element of IRWEs is that you, the disabled individual, have to be paying for the medical care or service.  If insurance or another person is paying for the care, Social Security will not deduct it from your gross income as IRWE.

Here are some examples of IRWEs:

1. Routine drugs and routine medical services.
2. Some diagnostic procedures.
3. Attendant care services.
4. Medical devices.
5. Prosthesis.
6. Other equipment.
7. Guide dogs.

For many people, the most relevant potential IRWE will be “routine drugs and medical services.”  Here is what Social Security says about this:

The costs of routine drugs and routine medical services are not deductible unless the drugs or services are necessary to control the disabling condition so as to enable the individual to work. The amount of IRWE that may be deducted is subject to reasonable limits, and deductions for needed items and services will be made only if the cost is paid by the impaired individual.

In short, the reasonable cost of medications can be deducted from your gross income if the medications are necessary, they enable you to work and you pay for the medications.

There are a lot of limits on IRWEs and this is only a brief overview.  For more information check out Social Security Ruling 84-26 and 20 CRF 404.1576.

If you are wondering if you are eligible for Social Security benefits, Social Security has an interactive website to help you answer this question.

Visit Social Security’s BEST (Benefit Eligibility Screening Tool). 

BEST checks if you are eligible for the following benefits:

• Medicare
• Social Security Disability
• Social Security Retirement
• Social Security Survivors
• Special Veterans
• Supplemental Security Income

Have you tried BEST, share your experiences in the comments!

If Social Security alleges that you owe them money to repay an overpayment, you have two choices to fight it:  

1. You can either file a Waiver of Overpayment, or 
2. You can file a Request for Reconsideration.  

Social Security may direct you towards filing the waiver, but there are some things you should know before making a decision.

What happens if I request a waiver?

Filing for a waiver is basically saying, “I owe the money, but I cannot pay it back.”  

The waiver form asks you to describe your financial life in excruciating detail.  If you pay for a cell phone, cable, internet or for anything more than the most basic necessities of life, the chances of Social Security granting that waiver may be fairly small.  

Also a waiver request can be filed at any time.  This is an important distinction between the waiver and the Reconsideration request.  You can even pursue the Reconsideration process and, if denied, then request a waiver. 

What happens if I request a reconsideration?

Unlike a Waiver request, the Reconsideration request says, “I do not owe you this money!”  It contests the underlying overpayment.

Filing this also puts you into the administrative appeal process.  The reconsideration step is the first part. Social Security will probably deny the reconsideration. However this is a necessary step to get to the next level, a hearing before an Administrative Law Judge.  In my opinion, if anyone is likely to award you some relief from having to repay the overpayment, it is the judge at a hearing.

Keep in mind that the reconsideration process may take between four and eight months.  The hearing process may take another six to eighteen months just to get in front of a judge and another one to three months for a decision to be issued.  In extreme circumstances, this entire process may take 30 months. However, in Colorado, I would usually estimate about a year and half to two years.  

This is not necessarily a bad thing.  

While the case is under appeal, you can request a forbearance of the repayment since you are contesting the underlying overpayment. A forbearance is simply a request that Social Security stop trying to collect the overpayment while you are appealing the overpayment.  This is simple fairness: you should not have to repay if you contest owing the overpayment.

The critical thing you need to know is that you usually only have 65 days to file the reconsideration after the date on the overpayment notice:  5 days to receive it and 60 days to file the Request for Reconsideration.  As always, check the time limits and form requirements in the overpayment notice as these things are subject to change.  

So, while you can file the reconsideration at any time (and SSA my push you in that direction), if you want to fight the overpayment, you must do so quickly or potentially lose that right.

When you are waiting for your Social Security hearing, It can come as a shock to receive a letter telling you that your case has been transferred to different hearing office in a another state.  

Attorney Donald Chewning writes about this on the Wisconsin Disability Blog.

If you are awaiting a hearing before an Administrative Law Judge in Wisconsin you may have noticed that the hearing has been scheduled before a judge in California.  In my practice in northeastern Wisconsin,  most of my cases  would ordinarily be heard by judges from the Milwaukee Office of Disability Adjudication and Review (ODAR).  However, since March 2008 the Social Security Administration has shifted responsibility for cases normally heard by Milwaukee judges at the Green Bay and Oskhosh hearing offices to other ODAR branches.  For instance, cases heard at the Green Bay hearing office are being sent to the Oakland, CA ODAR.

For many people, having their case moved to another states causes a lot of worry and stress.

Why was my case moved?

What does it mean for my case?

How much of a delay is THIS going to cause?

Does Social Security think I can travel out of state for my hearing?

Often, there is a good reason for moving the case and it can actually help you!

Moving a case usually speeds up processing time.

Fortunately, having your case moved out of state usually means FASTER processing and LESS TIME waiting for your hearing.

When Social Security moves a case out of it’s home state, or to a different Office of Disability Adjudication and Review (ODAR) office, they are trying to ease the caseload on an overburdened office.  Cases that would otherwise be kept waiting, are moved to a less busy ODAR office.

As you know there is a wait time for a Social Security hearing varies greatly accross the country.  By moving cases around, Social Security hopes to balance out the more congested ODAR offices and reduce those 3+ year waiting times.

Don’t worry, you won’t have to travel out of state for your hearing.

When Social Security sends a case to another ODAR office, they either physically bring in the judge to your nearest ODAR office to hold the hearing, or they hold the hearing via video conference at your ODAR office. You go to your nearest ODAR office (Social Security will tell you where it is), and the judge stays in his/her home state.  The hearing is done over video.

Social Security is even expanding the video hearing system by building a new hearing division that will just handle video hearings in backlogged states.  

If you receive a notice that your case is being moved, don’t worry.  Nothing bad is happening.  Social Security is just trying to get your case done sooner.

Wisconsin Disability Blog.

The one thing people are most surprised about when they go to a hearing is that the lawyer does not do all of the talking.  In fact, it is the claimant (aka “you”) who has to answer the judge’s questions.  I hear a lot of questions and comments about this.  

I went to my hearing and my lawyer sat there like a bump on a log.

Why am I paying a lawyer, if I have I have to answer all of the questions?

What do you mean, I have to talk at the hearing; isn’t that what the lawyer is there for?

Why doesn’t a lawyer speak for you at the hearing? Why doesn’t her or she answer all the judge’s questions?

The reason is that a hearing is not a negotiation; a hearing is a mini-trail.

If you have seen Boston Legal, or any legal show on tv, you have seen the difference.

At the negotiation scene the two lawyers sit across the table from each other, trading barbs and telling their client not to say anything without the lawyer’s say so.  Then at the trial, the client gets on the witness stand and has to answer the two attorneys’ questions.

Hearings are like mini-trials:  there is a judge, witnesses and procedures like being sworn in.  It would be ridiculous to hold a trial and have an attorney testify for their client.  The judge does not want to hear the lawyer’s explanation of your disability, the judge wants to hear from you!  

As I have mentioned before, one of the main purposes of a hearing is to assess your credibility. The judge already has the objective evidence. The judge wants to see you.  See how you answer, see how you move, how you sit, see any problems you may have.

So, since you are the person claiming a right to disability benefits, you are typically the chief witness in your case.  There may also be other witnesses such as family members (who have witnessed what you are going through), medical professions and even vocational experts.  But, first and foremost, the judge wants to hear from you.

So, what does a lawyer do for me?

I work one-on-one with each of my clients to understand what they have been through, obtain proof of their disabilities through medical records and other evidence.  I also work with my clients, reviewing what they can expect at the hearing including what questions they are likely to be asked.

A good lawyer will help you prepare your case, and prepare you to go in front of a judge. So, by the time the hearing is scheduled, you are confident and ready.

I earlier noted that judges do not want the attorney’s explanation of your disability.  While it is true that judges generally do not the lawyer to act as a substitute witness, judges often want the attorney to provide the following:

• A quick summary of the case.
• Identify which doctors supports the disability claim.
• Identify the exact date of treatment and the page numbers in the Social Security file, where the favorable records appear.

One of the big things attorneys do is becoming familiar enough with your file to be able to quickly identify where a critical piece of evidence is located. You may hear this kind of interchange at your hearing:

Judge: What support do we have for the sciatic pain radiating into the left leg?

Attorney:  Dr. Smith is providing treatment for the low back pain generally.  Her records appear at exhibit 4F and 15F.  There is mention of this particular symptom on March 23, April 17, and May 27 at the following page numbers ….

This conversation may not happen at every hearing, and the attorney may not have every symptom cross-referenced  like this.  But, a skilled attorney will help the judge find the evidence necessary to put your claim in the best light.

The long wait for a hearing is a massive financial drain for most people.  With no money coming in, or just minimal state aid, a lot of people wonder how to make pay for rent, utilities, and groceries.  

A number of my clients have asked me if they can try to get a job. 

Attorney Jonathan Ginsberg tackles this common question.

Remember that Social Security’s definition of disability looks to whether you have missed or are likely to miss 12 consecutive months because of your impairment.Attempting to work while your case is pending may or may not be a problem.  If you try to work and last only a few days or even a few weeks, the judge will see that as an “unsuccessful work attempt” that demonstrates your sincere desire to work and your inability to do so.

Once you stay at a job for more than 3 months, however, it starts to look like you have the capacity to perform “substantial activity.”

There are also other problems you need to be aware of if you decide to try to work: 

When Social Security considers your ability to work, they generally consider only full time work. So, there should be no problem with doing part time work. Right?

WRONG!

Even part time work can cause problems on a Social Security case.

If you can work part time in a “Light” type job, a shelf stocker at a supermarket for example, Social Security might take this to mean you are capable of full time work at an less physically demanding job, such as dispatcher, call-out operator, or information clerk. 

In other words, part time work at one exertional level might suggest an ability to do full time work at a lesser exertional level. 

Don’t structure a job to limit income.

If you earn more than $940 per month before taxes and deductions (in 2009, this increases to $980), you are engaged in a Substantial Gainful Activity (SGA).  Under Social Security regulations, with some exceptions, this means you are not disabled.  

Some people think that if they just limit their hours to make sure they earn less than the SGA amounts, they will be ok.  

That is Social Security FRAUD.  If you are able to work and earn SGA amounts, but you reduce your earnings to stay below SGA levels to stay eligible for Social Security, you are trying to defraud Social Security.  You risk prosecution, so just don’t do it.

Does the work disprove your disability?

Here is a quick example:

• You have social anxiety disorder.
• You have difficulty being around people. 
• You get a part time job as a customer service clerk.

Do you see a problem here?

The job is not a substantial gainful activity.  There is no issue of being able to do a less physically demanding job, or structuring earnings to keep income below SGA.

But, how is Social Security supposed to believe that you would not be able to work because of an inability to interact with the public, co-workers, and supervisors, when your entire job is interacting with people!

Even if you explain this, you have just made your case much harder.

This are just a couple of the possible problems with working while trying to get Social Security benefits.

Like Jonathan I do not want to discourage individuals from working.  I regularly work on cases where a client is trying to do some kind of work while waiting for their Social Security hearing.  

But, there is no simple answer to the question of whether you should work while applying for Social Security disability benefits.  Each case requires a review of the job and the individual’s impairments to watch out for possible problems.  

What Happens to my Case if I Return to Work While Waiting for my Hearing?.

Whether you are applying for benefits or need to get a form, sometimes you just need to find the closest Social Security office.

The Social Security website has a great tool to help you find your local Social Security office.

Just enter your zip code and Social Security will tell you which office is closest to you and serves your area.

This will also give you a map, telephone numbers, and office hours.

University of California “Health Matters” program on Social Anxiety Disorder.

This is a terrific video providing an in depth discussion of social anxiety and social phobia, its causes and treatment.

I thought this was a great story about a Greenville, South Carolina, special education student starting a coffee shop in his school:

Jarvis Rogers said he saw the need for the coffee shop and, in just two weeks, built the Ground Floor. … Rogers is in Special Ed, Greenville High School’s occupational diploma program. 

The full-service Ground Floor shop is the most popular spot in the Greenville High School cafeteria.

“The corporate sponsor is Liquid Highway, who donated the cash registers and all of the coffee-making equipment,” Beth Brotherton said. “And, get this, in their first week in business, this was the highest-grossing Liquid Highway location in Greenville.”

The part I really love is that Jarvis Rogers, and the other students, researched the business, developed a business plan, got a sponsor. These students really did the work to get this business off the ground (no pun intended). 

I love entrepreneurs!

Greenville Students Open Coffee Shop In School - Greenville News Story - WYFF Greenville.

Just like for adults, Social Security has a fact sheet answering the following common questions about Supplemental Security Income (SSI) benefits for disabled children:

• How does Social Security decide if a child is disabled?
• How can I get ready for the disability interview?
• How does Social Security decide if a child can get SSI?
• How will I know what Social Security has decided?
• Will my personal information be kept safe?
• What if I am more comfortable speaking in a language other than English?

The fact sheet also has information about:

• Medicaid
• State Children’s Health Insurance Program (SCHIP)
• Other Health Care Services
• Work Opportunities for Young People Who Are Getting SSI

You can get the factsheet as a pdf here.

If you have a family member of friend with epilepsy or another seizure disorder, it can be scary and you may not know what to do when a seizure happens.

Scott Mehle, executive director of Tallahassee’s Epilepsy Association of the Big Bend recently discussed this.

“They should just know what to do and not do when someone happens to have a seizure in public. Keeping the seizing person safe from injury is primary. Don’t restrain them. Don’t insert anything into their mouths . . . just gently turn them on their sides. Remove furniture or objects that are sharp or hard and cushion their heads,” he said.

“If after five minutes the seizure continues, then call 911. Most seizures, as bad as they look, are not medical emergencies.”

Living with epilepsy: Medication, planning can help smooth out life | tallahassee.com | Tallahassee Democrat.

The lawsuit, filed by the Vietnam Veterans of America and Veterans of Modern Warfare in U.S. District Court in Washington, seeks to force the Department of Veterans Affairs to provide an initial ruling on every veterans claim for disability benefits within 90 days and to resolve appeals within 180 days.

The veterans’ groups also are seeking interim benefits for veterans whose claim rulings take longer than those time periods.

Don’t you wish someone would do this with the Social Security Administration?  

In case you missed my earlier post the average wait time in a Social Security case is 532 days!

Veterans groups sue for faster disability rulings - CNN.com.

There are several ways to start an application for Social Security benefits:

At your local Social Security office

While this make take the longest amount of time (depending on the wait times at your local office), applying in person has the advantage of having a live person to speak to if you have any questions.  The downside is if you cannot complete the information because you are missing a critical piece of information.

Do you need help finding your local Social Security office, click here.

Online

If you prefer to work at your own pace, you can apply online.  Start here and follow the three steps to get an application started.

If you are applying for a child, start at children’s disability page.

By telephone

If you need help or if you cannot complete the application online, you can call Social Security toll-free at 1-800-772-1213. If you are deaf or hard-of-hearing, you can call the toll-free TTY number, 1-800-325-0778.  Social Security representatives are available Monday through Friday between 7 a.m. and 7 p.m.

When you are ready to apply:

Don’t forget to check out this article about the documents you need to apply for Social Security disability benefits.

And, check out all the articles on applying for Social Security.

I recently read this story from Dr. Mark Mostert about a major airline’s inability to deal appropriately with a person with severe hearing loss.  If the Fail Blog had a corporate failure section, this would be on it.

…my wife, Deborah, has a severe hearing impairment – both ears. Deborah wears state-of-the-art hearing aids that are only somewhat helpful.

Last week my wife turned up at the United counter in Norfolk, Virginia, to check in for her flight.

United Airlines employee: Says here you have a disability. Do you need assistance?

Deb: Yes, I’m deaf.

Puzzled silence.

United Airlines employee (somewhat sullenly): Do you need assistance?

Deb: Yes, I have a severe hearing impairment.

United Airlines employee (now a little irritated): Do you need assistance?

Deb (sighing): Yes, it’s very difficult for me to hear anything. . .

United Airlines employee (obviously ready to move on): Do you need a wheelchair?

I find this exchange interesting because it does not appear to start with malice on the part of the UA employee. I can only imagine that the UA employee could not conceive that a person who was conversing with him and responding to his questions, could label themselves as “deaf.”

Is this ignorance?  Yes. But, not malice. The cure for ignorance is more information, which Deborah provides:

I have a severe hearing impairment.  It is very difficult to hear anything.

But instead of the expected the “a-ha” moment, the employee offers her a wheelchair. FAIL!   

I do not expect everyone to be sensitive to every disability. People are just not very good at putting themselves in someone else’s shoes.  But, when someone takes the time to explain their needs to you, take the time to listen and try to help.

Disability Matters.

A number of people have been wondering if you can be found disabled because of side effects to medications.  Unfortunately, some have given up on their Social Security cases because they thought they could not be be found disabled based solely on side effects to medications.

YES!!!

One of the clearest examples is chemotherapy in cases of cancer, or interferon treatment for hepatitis. These treatments sap your strength and can make you physically sick.  They are clearly debilitating and even disabling.

But, side effects are not limited to these two instances.  Side effects to medications can always be considered in a Social Security disability benefit case!   

If one of your prescribed drugs makes you “goofy,” or sleepy, or unable to drive, or unable to think straight, or unable to concentrate or unable to remember things, this is important!  These details can make all the difference in your case!

Quick Example: drowsiness as a disabling side effect

Here is a specific example: you take a medication which make you drowsy.  Does this make you disabled? It depends on the circumstances:

• Do you get drowsy every time you take the medications or just sometimes?
• Are you drowsy, but still awake enough to safely operate a vehicle / drive a car / operate a forklift / operate road grader, etc.?
• Do the medications make you so drowsy that you have a hard time staying awake, or read a book, or follow the plot of a tv program?
• When do you take the medications?  If you only take the medications at night (so you can sleep), it would not matter that the medications make you drowsy, UNLESS you are still drowsy into normal daytime hours.  

So, let’s say you have to take medications three times a day, which always make you drowsy enough that cannot drive, cannot follow the plot of a book or tv show and half the time require you to lie down and sleep.  This side effect lasts 1-2 hours each time you take the medicine.

Is this enough to make you disabled?  Well, that is up to Social Security, but, I think that this side effect would give you a good chance of winning Social Security disability benefits. 

If you doubt that you can be found disabled because of side effects, do not give up!  Side effects can be disabling.

Scott Mackler was a husband, father and successful neuroscientist when he received perhaps the worst news imaginable. At the age of 40, he could run a marathon in three and a half hours, but it was about that time he discovered he had ALS, Lou Gehrig’s disease.

Today, Scott Mackler’s mind is sharp as ever, but his body has failed. Doctors call it “locked in” syndrome. Scott and his wife Lynn learned to communicate with about the only thing he has left, eye movement.To signal “yes,” Lynn says Scott looks at her; to signal “no,” he looks away.

But recently Scott found a new voice. “Can everyone hear the PC?”

You have to see it!