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Can I work and get Social Security Disability benefits?

Tuesday, October 12th, 2010

Claimants may qualify for Supplemental Security Income or Social Security Disability Insurance working part-time and receiving a limited income, but Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) will be denied by the Social Security Administration if the SSA determines the Social Security Disability applicant is performing “substantial gainful activity”.

Substantial Gainful Activity

The Social Security Administration defines “substantial gainful activity” as doing any type of mental or physical activity which is “substantial”. Work is considered substantial if the non-blind applicant makes a gross income of $1,000 per month (for 2010), and the blind applicant makes a gross income of $1,640 per month (for 2010).

Activity or work does not have to be performed full-time to be substantial. When claimants consider “work” or “gainful activity” they might think of a full-time job that they do 40 hours per week, but activity can be gainful under the Social Security Administration’s definition if it meets any of the following Social Security Administration’s criteria:

·         Any work performed or done for pay or profit.

·         Work which normally receives pay or profit

·         Work which is intended for profit even if profit is not realized

After a claimant applies for Social Security Disability their application is sent to the disability examiner who will review their application to determine if their mental or physical health condition is severe enough to receive disability benefits. Claimants working above the pre-defined SGA level will have their Social Security Disability application denied by the Social Security Administration before it is sent to the disability examiner, and the disability examiner will not have a chance to evaluate the severity of the mental or physical health condition.

Claimants often are not healthy enough to work full-time and often seek Social Security Disability benefits for short-term or partial disability payments. Unfortunately, Social Security Disability benefits are only for claimants who have a mental or physical health condition which is expected to last for at least 12 months or result in death. Claimants who need Social Security Disability benefits should not expect to work at a level which can support themselves or their family.

The idea of substantial gainful activity is not only factored into the decision at the Social Security Disability application level and Social Security disability appeal’s process but also for every review for continuing an applicant’s Social Security Disability benefits.  Any claimant who currently receives Social Security Disability benefits and is considering returning to work in any part-time capacity should contact the Social Security Administration. Regulations and income rules can change. Returning to work and making more than the allowable income amount can jeopardize the claimant’s rights to continue receiving Social Security Disability benefits. Talk to a Social Security Disability lawyer for more information about your rights to work.

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Is winning disability quickly from Social Security really possible?

Thursday, October 7th, 2010

Is winning Social Security Disability benefits quickly from the Social Security Administration really possible? Yes, for some people the process can take as little as thirty-days. Claimants who have a condition which will likely result in death or meets one of the Social Security Impairment Listings have the highest chance of having their Social Security Disability benefits approved at the application level.

The Social Security Administration has created the Impairment Listings to identify 14 areas of disability. Claimants, who have a disability that equals a listing or is found to be as severe as a listing, may receive Supplemental Security Income or Social Security Disability Insurance immediately based on that medical conclusion alone. Claimants who do not have a condition which meets or equals a listing will have their Social Security Disability case reviewed more extensively by the disability examiner.

Unfortunately, most Social Security Disability cases do not meet or equal a listing and the examiner must consider other factors such as whether or not the claimant can perform their old job or any other job given their age,  education, work experience and residual functional capacity (RFC). Medical vocational guidelines have been created by the Social Security Administration and the medical examiner can use these guidelines to help make their decision.

So why does it takes so long to win Social Security Disability benefits? Claimants whose condition is not listed in the SSA Impairment Listing and do not meet the medical vocational guidelines will have their claim denied. Claimants who wish to pursue Social Security Disability benefits must appeal the denial within 60 days from the date of the denial letter. The first step in Social Security Disability appeal’s denial process is the reconsideration phase.

Reconsiderations are approved 20% of the time and may take 30 to 60 days to process. Unfortunately, the 80% of claimants who are denied Social Security Disability benefits at the reconsideration level will have to appeal their denial and request a Social Security Disability hearing. The time frame to get a hearing date will vary depending on where a claimant lives. In some parts of the country it may take a few months while in other locations it could take one to two years to get a hearing date with an Administrative Law Judge.

You have waited for the initial decision, fought through the reconsideration and presented a solid case before the Administrative Law Judge at your Social Security Disability Hearing. The wait is over right? Unfortunately, it may take several more months for the Administrative Law Judge to submit their decision for the claimant’s case.

The good news for most claimants who pursue their claim and appear before the Administrative Law Judge is they have a good chance of receiving Social Security Disability benefits, especially if they are represented by competent legal counsel. Unlike the medical examiner who relies on the medical records, the List of Impairments and a vocational grid to make their decision of disability, the Administrative Law Judge can make a subjective decision after meeting with the claimant, asking the claimant questions about their limitations and conditions and studying their medical records.

Is it possible to win Social Security Disability benefits quickly? For the majority of claimants the answer is no. But with a little persistence, a great Social Security Disability lawyer and strong medical evidence most claimants do eventually get the Social Security Disability benefits they deserve.

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What If I Lose My Social Security Disability Case?

Tuesday, August 3rd, 2010

The majority of Social Security Disability requests are denied at the initial application phase. The Social Security Administration will notify the claimant if they have been denied and explain the process to appeal the decision. Appeals may be done within 60 days from the date the Social Security Disability denial letter has been received by the claimant. Under very limited conditions the Social Security Administration may allow an extension to file the Social Security Disability appeal.

Social Security Disability appeals may be completed online or the claimant may visit the nearest Social Security office. For more information about the SSD appeal’s process it is a good idea to contact a Social Security Disability attorney. The Social Security Administration also provides additional information on their website and claimants may also contact the Social Security Administration toll-free at 1-800-772-1213, 7 a.m. to 7 p.m. Monday through Friday. People who are deaf or hard of hearing may call the Social Security Administration’s toll-free TTY number, 1-800-325-0778.

The Social Security Disability process is comprised (for most SSD claimants) of four levels, each level requiring the claimant, if they are denied, to complete the appropriate forms to move to the next level. Some states skip the reconsideration phase which means that claimants who are denied at the Social Security Disability application level and appeal the denial will move directly to the hearing level.

  • Reconsideration – Most claimants who appeal the initial denial can request Reconsideration. Under Reconsideration the claimant’s Social Security Disability application will be completely reviewed by another person who was not involved in the first Social Security Disability application denial. All original medical evidence and any new submitted information will be considered to render a new decision. Up to 80% of Reconsiderations are denied. Claimants who wish to pursue their Social Security Disability claim after a denial at the Reconsideration level may file a request for a Social Security Disability Heatin
  • Social Security Disability Hearing - Claimants who have been denied at the Reconsideration level may request a hearing before a Social Security Disability Administrative Law Judge (ALJ). Claimants generally hire a Social Security Disability lawyer to act as their representative and argue their Social Security Disability case at their hearing. The ALJ reviews all the medical information which the Social Security Administration (SSA) has gathered and any additional information the SSD attorney presents at the case and makes their decision. Claimants can review the (Form HA-520-U5) Request for Review of Decision/Order of Administrative Law Judge which can be downloaded from the SSA website to appeal an Administrative Law Judge’s decision.
  • Appeals Council - Claimants denied at the hearing level may appeal their SSD denial and request a review by the Appeals Council. The Appeals Council reviews the Social Security Disability claim and can either 1)make their own decision 2) remand the Social Security Disability case back to the Administrative Law Judge for additional review 3) allow the Administrative Law Judge’s decision to remain in affect. The Appeals Council will send the information about their action to the claimant.
  • Federal court review - Claimants who do not agree with the decision of the Appeals Council may file a civil lawsuit in the Federal District Court.

Hiring a Social Security Disability Lawyer

Most Social Security Disability applications are denied at the initial application level. 80% of Reconsiderations are denied. Hiring a Social Security Disability lawyer is one of the best ways to increase your chances for receiving Social Security Disability benefits. Social Security Disability attorneys can review your initial application, gather medical records and present your Social Security Disability case before the Administrative Law Judge.

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