Winning Social Security disability benefits after age 50
If you are 50 years old or older, Social Security makes it easier to prove your disability case. Individuals between 18 and 49 meet a tougher standard discussed in this article.
Starting at age 50, and then again at age 55 and 60, Social Security lowers the requirements for proving disability. The rationale is that the older you are, the harder it is to work in a job that you have never done before.
After age 50, Social Security can approve you for disability benefits even though you are able to do some type of work.
The older you are, the more physically demanding the work can be and still allow you qualify for disability benefits.
However, this is not a free pass and do not leave this article before you read the “gotchas” at the bottom.
Are earnings in WTU considered SGA for Social Security disability benefits?
The touchstone in disability cases is the ability to work. More specifically, the test is whether an individual can perform a Substantial Gainful Activity (SGA). One of the first tests of whether work is SGA is earnings.
In 2012, earnings of $1,010 per month (before taxes) suggests the work is SGA. However there are exceptions to this. One of these is for sheltered work as defined in 20 CRF404.1574(a)(3).
If you are working in a sheltered workshop, you may or may not be earning the amounts you are being paid. The fact that the sheltered workshop or similar facility is operating at a loss or is receiving some charitable contributions or governmental aid does not establish that you are not earning all you are being paid. Since persons in military service being treated for severe impairments usually continue to receive full pay, we evaluate work activity in a therapy program or while on limited duty by comparing it with similar work in the civilian work force or on the basis of reasonable worth of the work, rather than on the actual amount of the earnings.
The idea behind sheltered work is that an individual may not be earning all of what they are being paid. The value of the individual’s work may be half (or a different percentage) of the amount actually paid. The amount paid over the value of the work is a subsidy. Social Security only counts the value of the work and not the subsidy in determining if the work is SGA.
For may injured soldiers, before discharge from their branch of service, they may be placed into a Warrior Transition Unit (WTU) or similar program. While the soldier’s salary stays the same, the duties are greatly reduced.
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.
What’s new in Social Security in 2010?
The Social Security Red Book page has a nice summary of the the changes in the Social Security system in 2010:
We increased the Substantial Gainful Activity SGA amount for individuals with disabilities, other than blindness, from $980 to $1000 for 2010.
The SGA amount for individuals who are blind is $1,640 for 2010. The amount is unchanged from 2009.
We increased the monthly earnings amount that we use to determine if a month counts for the Trial Work Period TWP from$700 to $720 for 2010.
For 2010, the Supplemental …
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 …
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 …
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 …
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 disabled. Here are the 5 questions that make up the sequential evaluation process:
Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
Is your impairment severe? AND, is your impairment expected to remain severe for at least 12 months?
Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling. There are separate listings for adults and for children.
Does your impairment prevents you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
Let’s take these one at a time:
Can I work and still receive Social Security disability or SSI benefits?
Updated 01/04/12.
Can a person work and still receive Social Security disability benefits or Supplemental Security Income (SSI) benefits?
The answer is a qualified “yes.”
Social Security wants people to try to go back to work. But, the regulations surrounding keeping your benefits while you try to go back to work make it tricky.
Are you engaged in a Substantial Gainful Activity?
Generally speaking, the test of disability is whether you can perform a substantial gainful activity (SGA)? That is, are your monthly gross earnings (income before taxes and deduction) equal to, or greater than the Substantial Gainful Activity amounts set by Social Security.
In 2012, if you are making at least $1,010 per month, before taxes, your work is a substantial gainful activity. To see the current SGA amount, or SGA amount for other years, click here.
So, if I my gross income is the SGA amount, or more, I have a problem,
But, if my monthly gross income is less than SGA, Social Security will leave me alone.
That is generally correct and it is a good rule of thumb.
However, and this is a big however, this is not the end of the analysis. There are exceptions to allow your benefits to continue if you are earning more than SGA and exceptions that might stop your benefits even if you are earning less than SGA.
If you are receiving Supplemental Security Income, you can earn more than the SGA amount and still receive your SSI benefits. But, that is an article in itself.
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 test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until services have been performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period.
To sum up, a Trial Work Period lets you work and still be considered disabled by Social Security. Not only that, but Social Security does not count all the months you work, just the ones where you earn more than a threshold Trial Work Period amount:
2012 - $720 per month.
2011 - $720 per month.
2010 - $720 per month.
2009 - $700 per month.
2008 - $690 per month.
2007 - $630 per month.
Reducing income below SGA levels: Impairment Related Work Expenses (IRWE)
If your work is performed at a Substantial Gainful Activity (SGA) level you may be denied Social Security disability benefits. However, you may be able to reduce the amount 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.
Should I work while waiting for my Social Security hearing?
The long wait for a Social Security 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 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:
Supplemental Security Income (SSI) or Social Security 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 misconception that must apply for “Disability Insurance” if you are disabled. Actually, both programs provide disability benefits.
What is Disability Insurance Benefits (DIB)?
Generally, Disability Insurance Benefits are based on your payroll contribution to Social Security. To qualify for DIB, you have to have earned enough Social Security credits, in the right time frame, by paying into Social Security through payroll taxes.
There are several circumstances in which you may not have enough credits for Social Security Disability Insurance:
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 I am sick. Am I disabled?
I got hurt at work, then they fired me. I keep applying for jobs, but there just isn’t much work around here. Am I disabled?
The doctor tells me I will probably need serious surgery later on. Am I disabled?
I will need to be on medication for the rest of my life. Am I disabled?
Social Security focuses on ability to work to test for disability.
Under the Social Security system, in order to be disabled you have to have a physical or psychological impairment that is expected to keep you from being able to engage in a “substantial gainful activity” (SGA) – typically some type of full time work, for 12 months or longer. Or, simply put: do you have a condition that keeps you from being able to work?
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 if I am earning more than the substantial gainful activity amount? Does than mean I cannot get Social Security disability benefits?!?
Not necessarily. Earnings above SGA amounts are an important factor. But, there are exceptions (including sheltered work, subsidies, unsuccessful work attempts, impairment related work expenses, and trial work periods) that may allow …
