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Social Security Disability Insurance (SSDI) – is it for life?

Monday, February 6th, 2012

Is SSDI a long-term Disability Program?

Claimants frequently ask if Social Security Disability Insurance is a long-term disability program that they can expect to get indefinitely or if it is a program that awards cash benefits for a set period of time.

Social Security Disability Insurance is only awarded to qualifying claimants who have worked enough, paid enough in employment taxes and who can prove that their condition is expected to last for at least 12 continuous months. It can also be very difficult to get; some claimants fight for SSDI benefit for up to 2 years.

For this reason, it is best to think of Social Security Disability Insurance (SSDI) as a permanent disability program which is offered primarily to workers who do not expect to return to full-time employment.

With this said, however, there are many medical breakthroughs and advancements in technology that can help many claimants improve to such a degree that they may be able to return to work.

If you are receiving Social Security Disability Insurance and you would like to attempt to reenter the work force, the Social Security Administration has several programs (i.e. Trial Work Period) that can help you do that while continuing to receive Social Security Disability Insurance and Medicare benefits.

Never return to work without talking to the Social Security Administration first. Many disability claimants are hesitant to do this, but the Social Security Administration can help ensure that you get your Social Security Disability Insurance benefits as long as possible while you are making your work attempt.

Can I lose my Social Security Disability Insurance Benefits?

As mentioned above, SSDI benefits may be given to claimants as long as they unable to return to full-time employment, but there are several reasons that the SSA may no longer consider you disabled. Social Security Disability Insurance may be terminated if a claimant:

  • Returns to work and begins to perform substantial gainful activity for longer than is allowed under the Trial Work Period.
  • The Social Security Administration determines a claimant is no longer disabled after performing a Continuing Disability Review
  • The claimant reaches their full retirement age. At this point their Social Security Disability Insurance benefit is automatically converted to a retirement benefit. Claimants will not receive Social Security Disability Insurance and SSA retirement benefits simultaneously.

What can I do to ensure I keep my Social Security Disability Insurance?

There are certain mistakes that claimants make that can jeopardize their SSDI benefits. As mentioned above, some claimants simply do not understand how much they can work or how the Trial Work Program works and they return to work and make too much money.

Other claimants stop getting adequate medical care or following their doctors prescribed treatment plan, which can jeopardize their benefits during the Continuing Disability Review.

Most claimants, however, who continue to get adequate medical care and who do not begin working too much or making too much earned income, can continue to get SSDI benefits until they reach their full retirement age or they are able to return to substantial gainful employment.

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COPD and Social Security Administration Disability

Monday, February 6th, 2012

Cardiac Obstructive Pulmonary Disease or COPD is a progressive disease that can make it difficult for individuals to breathe. It can cause wheezing, shortness of breath, chest tightness and coughing which can produce large amounts of mucus. If COPD is severe enough it can be difficult to manage and sufferers are often unable to maintain employment as a result of the effects of the disease.

Is COPD considered disabling according to the Social Security Administration? Claimants may be able to win Social Security Disability Insurance or Supplemental Security Income benefits by either meeting a listing on the Social Security Administration Listing of Impairments or by proving they are unable to perform substantial gainful activity as defined by the Social Security administration.

Qualifying for Supplemental Security Income or Social Security Disability Insurance by Meeting a Listing on the Social Security Administration’s Listing of Impairments

To see if you “meet a listing” you can review the criteria under 3.00 Respiratory System – Adult.  COPD is generally evaluated under the listing for Asthma which is 3.03 Asthma. Under this listing the claimant must have been diagnosed with chronic asthmatic bronchitis which is evaluate under the criteria for chronic obstructive pulmonary disease in Section 3.02A.

Claimants may also have attacks which occur, in even though they are following their doctor’s prescribed treatment plan and these attacks must require medication intervention. The attacks must occur at least once every 2 months or at least 6 times a year.

If the patient has an in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

What if my COPD condition does not meet the Social Security Administration’s Listing can I still get Social Security Disability Insurance or Supplemental Security Income?

What is your COPD condition does not meet the Social Security Administration’s Listing of Impairments you may be able to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits by proving you are unable to perform substantial gainful activity for at least 12 continuous months. The Social Security Administration (SSA) uses a process called a medical vocational allowance to make this determination.

How do you prove you cannot work? The most important thing is to see your doctor regularly and to document your COPD symptoms.  Make sure the doctor writes down all of your COPD symptoms and verify they are legible and in your medical file.  Your medical records should clearly document your work limitations caused by your COPD condition.

For instance:

  • Do you have shortness of breath?
  • Do you have difficulty walking across a room, carrying a bag of groceries, or standing too long?
  • Are you in severe pain?
  • How long do you have to rest after activities?
  • Could you complete an 8 hour workday? If not, why?
  • Do you have to go to the doctor so frequently it would interrupt your work week?
  • Do you have limitations working with specific chemicals? For example, are you supposed to avoid dust, chemicals, hot or cold temperature or smoke?
  • Does your respiratory condition affects other activities such as walking long distances, lifting objects, or working in hazardous conditions at work?

All of these limitations may eliminate your ability to work, not only past jobs, but also perform new work. Contact a disability lawyer if you have questions about how you can receive Supplemental Security Income or Social Security Disability Insurance.

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Social Security Administration Disability and Diabetes

Friday, February 3rd, 2012

Diabetes is a metabolic disorder which affects the process of the digestion of food for our bodies and the subsequent breakdown of the food we eat into glucose or sugar for fuel.

A separate process occurs in the pancreas which produces insulin. After you eat the pancreas is responsible for releasing insulin which helps move the glucose (from the digestion of food) into the cells, thereby lowering the level of blood sugar. What happens if insulin is not present? Our cells cannot take in the glucose.

If you have hyperglycemia it means that your blood sugar is too high. This can occur because your body is not producing insulin, it is producing insulin at an insufficient level or the cells in your body are not responding to the insulin produced.

If any of these conditions exist, it will cause an excess of glucose in the blood and urine. Cells also will lack the necessary glucose for growth and energy.

Types of Diabetic Conditions

The Social Security Administration recognizes Diabetes Mellitus as a potentially disabling condition. There are two major types: Type I and Type 2. Both are recognized as chronic disorders which can be extremely serious.

  • Type 1 Diabetes Mellitus

This condition was previously called “juvenile diabetes” or “insulin-dependent diabetes mellitus.” This condition causes an absolute deficiency of insulin production that commonly begins in childhood and continues throughout adulthood.

  • Type II Diabetes Mellitus

This condition is commonly referred to as adult onset diabetes. Type II occurs when the body’s cells begin to resist the effects of insulin, negatively affecting metabolism and absorption of glucose. Changes in lifestyle and diet can frequently improve this condition.

Can I get Social Security Disability Insurance or Supplemental Security Income for Diabetes?

The Social Security Administration has two methods for approving claimants for Social Security Disability Insurance and Supplemental Security Income. Claimants can either have a condition which “meets or exceeds” a listing in the Social Security Administration Listing of Impairments or prove that their condition is so severe they cannot perform substantial gainful activity (through a medical vocational allowance).

Meeting a Social Security Administration Listing for Diabetes

The Social Security Administration does have a listing for diabetes, and it can be confusing when claimants have been diagnosed with diabetes, meet the nonmedical requirements for diabetes and continue to be denied Social Security Disability Insurance or Supplemental Security Income benefits.

What does this mean when this happens? This means that although you may have been diagnosed with diabetes, the SSA does not think that the severity of your diabetic condition meets or equals their current listing. Keep in mind, many claimants have diabetes and are able to work. The SSA listing identifies the degree of severity of any given condition that the SSA believes would KEEP you from working or performing substantial gainful activity.

Previously, to meet the diabetes listing, you had to prove that you had either significant neuropathy which caused a loss of function in two extremities, resulting in a disturbance in your ability to function and your gait, acidosis which occurred every 2 months (documented with medical proof) or severe visual impairments.

Beginning in 2011, the Social Security Administration expects that claimants will first have a diagnosis for diabetes and then they will review how their condition affects their various body systems. For example, they will evaluate cardiac arrhythmias under 4.00, intestinal necrosis under 5.00, and cerebral edema and seizures under 11.00.

If you have diabetic peripheral neurovascular disease that leads to gangrene and subsequent amputation of an extremity under 1.00; diabetic retinopathy under 2.00; coronary artery disease and peripheral vascular disease under 4.00; diabetic gastroparesis that results in abnormal gastrointestinal motility under 5.00; diabetic nephropathy under 6.00; poorly healing bacterial and fungal skin infections under 8.00; diabetic peripheral and sensory neuropathies under 11.00; and cognitive impairments, depression, and anxiety under 12.00.

Approval for Social Security Disability Insurance and Supplemental Security Income for Diabetes without meeting an SSA listing

Claimants whose condition does not meet a listing must prove that they cannot perform substantial gainful activity. If your condition does not meet a listing, contact a disability lawyer to find out what information you will need to have in your medical files to prove you are disabled, unable to work for at least 12 continuous months and should be awarded Supplemental Security Income or Social Security Disability Insurance benefits.

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Social Security Administration BEST Program

Friday, February 3rd, 2012

The Social Security Administration receives millions of applications for Social Security Disability Insurance and Supplemental Security Income benefits. In an effort to expedite the disability application process and eliminate applications from claimants who do not meet the basic non-medical requirements of any disability program the Social Security Administration has created the BEST or Benefit Eligibility Screening Tool.

According to the Social Security Administration, this interactive, on-line screening tool will help you find out if you qualify for the programs administered by the SSA. Each claimant is asked to spend 5 to 10 minutes answering a variety of questions. After completing the questionnaire the BEST program will tell you if you are eligible and if not, how you might qualify.

What does BEST screen for?

BEST screens for the Medicare, Social Security Disability Insurance (SSDI), Social Security Retirement, Social Security Survivors benefits, special Veteran’s benefits, and Supplemental Security Income (SSI) benefits.

Consider, however, that the BEST tool is not the tool used to apply for disability benefits. Claimants may apply for Supplemental Security Income and Social Security Disability Insurance online but not using the BEST tool.

BEST does not gather sufficient information to determine whether or not claimants would qualify for disability. BEST does not gather your name or Social Security number. It does not have access to your Social Security records, and it will not be able to tell you the estimated amount of your disability payment. For this information claimants must visit the Social Security Administration’s benefits estimator page or review their most recent Statement of Earnings.

BEST will also not screen or provide information for the Medicare prescription drug program. Claimants with questions about this plan should contact the Social Security Administration at 1-800-772-1213 or visit their website at www.ssa.gov.

What information does BEST need?

As mentioned above, claimants who wonder if they meet the basic qualifications for either Supplemental Security Income or Social Security Disability Insurance can spend 5 to 10 minutes and find the answer. Remember, even if BEST determines you MAY be eligible for disability, the Social Security Administration will still have to request your medical records to determine if you are disabled before you will be approved.

BEST will need the following information to determine if you meet the nonmedical requirements for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI):

  • You and your spouse’s date of birth, marriages and earnings information
  • Financial information which can be used  to determine if you or your spouse qualify for Supplemental Security Income (which does have very limited income and resources to qualify)

Keep in mind, claimants who are receiving specific benefits are not screened again for the benefits they are currently receiving, and the Social Security does not keep any of the information which is entered into the system. The SSA also recommends that claimants make printouts for their records.

BEST said I might qualify. What do I do next?

BEST is a prescreening tool only. As mentioned, to file for Social Security Disability Insurance or Supplemental Security Income claimants can contact the SSA by calling them at 1-800-772-1213, visiting their website online at www.ssa.gov, or make an appointment to visit with a Social Security Administration representative.

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Consultative Examination – How long will it take for a SSA disability decision?

Tuesday, January 31st, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants assume that if the Social Security Administration has sent them to a consultative examination that this is a good sign for their claim and they are on their way to getting approved for SSA disability benefits.

When will I be sent to a consultative examination?

The Social Security Administration will only send Social Security Disability Insurance and Supplemental Security Income applicants to a consultative examination if they do not have enough medical evidence to determine from the claimant’s own medical records that they are disabled, the treating doctors failed to send the claimant’s medical records or the claimant has not seen the right doctor.

So right from the start, if you are scheduled for a consultative examination it means that your case lacks something significant: the proper medical files for a Supplemental Security Income or Social Security Disability Insurance disability determination. Unfortunately, this is never good.

How long after the Consultative Examination will I have to wait for a disability decision?

This question is very difficult to answer. If you have seen the consultative examiner you may have submitted your Social Security Disability Insurance or Supplemental Security Income application as many as three months prior. It may take an additional 30 to 90 days after the consultative examination for the consultative examiner to complete their report and send it back to Social Security Administration.

Processing times throughout the United States can also vary widely. There may be parts of the country which have a significant backlog of claims that must be processed.

If after the Disability Determination Services office receives the consultative examination report and finds the claimant disabled, according to the Social Security Administration they must “complete any outstanding non-disability development, compute the benefit amount, and begin paying benefits.” Unfortunately, there generally is a backlog of applications to process at every step in the Social Security Administration process.

How can I avoid a consultative examination?

Social Security Disability Insurance and Supplemental Security Income claimants who do not understand the disability evaluation process are frequently asking when the Social Security Administration will send them to a consultative evaluation or “medical exam” to determine disability.

This is a question only someone without knowledge of the disability decision making process would ask. The right question to ask is, “How can I avoid being sent to a consultative examiner?”

Consultative examinations should not be considered “medical care.” They are very cursory (often lasting for less than 10 minutes), they are generally not helpful to claimants, and they in no way should substitute for great, consistent medical care from a claimant’s treating physician.

So how do you avoid an examination? Go to the doctor. What if you do not have medical insurance? Find a way to prioritize medical care and go to the doctor. What if you are not following your doctor’s treatment plan? Find a way to follow your doctor’s treatment plan.

The bottom line for every Social Security Disability Insurance and Supplemental Security Income claimant is to get the best medical care that you can for your health conditions and do what your doctor recommends. If, after having done all of this, you still are unable to work for at least 12 continuous months, at least you will know you have done all you to help your disability claim.

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Social Security Administration Disability Benefits, Alcoholism and Drug Addiction

Sunday, January 29th, 2012

How does drug abuse and alcoholism factor into the Social Security Administration disability decision?

Many Social Security Disability Insurance and Supplemental Security Income claimants are either drug addicts, alcoholics or recovering from a serious drug or alcohol addiction and they are wondering whether the drug and alcohol addiction is considered a disability, and if it is not, how will the Social Security Administration make their disability determination. Does the Social Security Administration automatically deny all claims from drug and alcohol addiction applicants?

According to the Social Security Administration, if you have history of drug abuse or alcoholism the Social Security Administration must determine whether the abuse is a contributing factor which they consider material to your impairment.

According to the Social Security Administration, “Drug addictions or alcoholism cannot be considered a “disability” on the basis of that diagnosis alone; on the other hand, a diagnosis of drug addiction or alcoholism should not have an effect on a Supplemental Security Income or Social Security Disability Insurance evaluation that is adverse to the applicant. Drug addicts and alcoholics are subject to all the ills that may affect any other applicant. Drug addiction and alcoholism are diagnostic terms; they do not denote impairment value or severity. It is necessary to evaluate the severity of the impairment which may be associated with, manifested by, result from, or coexist with these diagnoses.”

Determining a Supplemental Security Income or Social Security Disability claimant is disabled

The Social Security Administration uses a five step sequential evaluation process to determine if you are disabled. The most basic steps are listed below.

  1. Are you performing substantial gainful activity? Claimants who are working too much are automatically denied disability benefits.
  2. Is your disability or condition “severe”? Claimants who do not have a severe condition are automatically denied Supplemental Security Income and Social Security Disability Insurance.
  3. Is your condition found in the Social Security Administration’s Listing of Impairments?
  4. Can you perform your current job or any past relevant work?
  5. Can you retrain any other type of new work?

Determining disability for alcoholism and drug addictions

If you are determined disabled by the Social Security Administration, after they complete the “normal” five step sequential evaluation process if you are dependent on drugs or alcohol, they will add an additional sixth step.

  1. Would your disabilities continue to exist if the if substance-abuse issues were gone? If the answer is no, Social Security Disability Insurance or Supplemental Security Income benefits will be denied. If the disability would persist, regardless of your addiction, benefits will be approved.

Proving step six in the sequential evaluation process can be tough for addicts. Contact a disability lawyer if you need more information.

According to the SSA, the decision will depend on “the severity of the impairment, as properly documented by the required medical findings, and, for appropriate cases, the limitation of function imposed on the applicant by the impairment in conjunction with applicable vocational factors. An individual may be a drug addict or an alcoholic and not be disabled if the evidence fails to show inability to engage in substantial gainful activity.”

Treatment and Payment Requirements for alcoholism and drug addictions

If the Social Security Administration determines you are disabled due to a disability but you have an addiction issue, you must undergo and complete an addiction-treatment program prescribed by a medical professional.  A representative will also receive your Supplemental Security Income or Social Security Disability Insurance benefits and help you manage your money by assigning you a representative payee.

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Supporting yourself while you wait for Social Security Administration Disability

Sunday, January 29th, 2012

Many claimants who apply for either Supplemental Security Income benefits or Social Security Disability Insurance have been out of work for weeks or months and are facing a serious financial crisis. One common question we get on our forum is, “What do I do for money while I wait for disability benefits to be approved by the Social Security Administration?”

The answer to this question obviously depends on many factors, but this blog will discuss some of the basic steps that you can take to weather the weeks, months or years that you may end up fighting for Supplemental Security Income or Social Security Disability Insurance benefits.

Will I have to wait months to get approved for Social Security Administration disability benefits?

One of the first questions claimants have when evaluating how to survive until they get their benefits is how long the disability determination process will actually be. Do some claimants actually wait years to get approved? Is there a way to expedite claims? Does everyone who applies get Supplemental Security Income or Social Security Disability Insurance benefits?

Many claimants who apply for SSA disability benefits will not be approved. Either they do not have enough work credits (for Social Security Disability Insurance), their income and resources are too high (for Supplemental Security Income), their condition is considered not severe enough, or their condition will not last for 12 continuous months.

There are many claims that can be expedited and approved immediately (compassionate allowance, TERS, wounded warriors), but most claims will not be approved immediately, and the claimant will have to appeal at least one denial (sometimes mores). Filing multiple appeals is what can add substantial time to processing a disability claim.

Financial options while waiting for Social Security Administration disability benefits to start

Making the assumption that the disability process may take months or years, you are probably wondering what you can do if you are not able to work. You may have a spouse who is working who can relieve some of the financial stress but what if you are single? There are options, but unfortunately, they are limited.

  • Save money BEFORE you quit working

This sounds idealistic and many families are struggling to barely make ends meet while they are working, but with the understanding that it may take months to get Social Security Disability Insurance or Supplemental Security Income, it is imperative that you begin to save a little bit each month into a special account to prepare for the time when you are no longer able to work.

  • Borrow money from friends or family members

Often borrowing money is not a good idea, and even in this case it should be a last resort, but if you have a family member or friend who is willing to help you out, it may be your only option.

  • Take out a home equity loan or personal loan

If you own a home and you have equity in your home you may be able to refinance the home and take some of your equity out of your home to help sustain you for a few months.

  • Work VERY part-time

It may be possible to work a few hours a week and still get approved for Social Security Disability Insurance or Supplemental Security Income. Keep in mind, performing substantial gainful activity will automatically result in a denial of SSA disability benefits.

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Sleep Apnea and Disability

Friday, January 27th, 2012

Can I get Social Security Disability Insurance or Supplemental Security Income for Sleep Apnea?

Sleep apnea causes a reduction of airflow during sleep. It is common in adults and generally treated through either surgical or nonsurgical means. The most common symptoms of sleep apnea are a break or loss of airflow which causes the sleeper to stop breathing, sometimes for as long as ten seconds.

The lack of oxygen, blood and breathing during sleep can lead to severe health issues. Resulting conditions can include high blood pressure, mood disorders, sleep, daytime drowsiness, anxiety, insomnia and headaches. Sleep apnea, if left untreated, can also lead to chronic heart failure.

How severe does my sleep apnea have to be to get SSD Benefits?

What does it mean to be disabled according to the Social Security Administration? Claimants must prove that they have a condition which is so severe that it does not allow the claimant to work for at least 12 continuous months.

Sleep apnea, although it can be severe, generally on its own does not qualify for disability benefits. What can happen, however, is claimants who have sleep apnea may also have other severe conditions, which in their totality may not allow them to maintain employment and perform what the Social Security Administration considers substantial gainful activity.

What conditions may help me qualify for disability benefits?

Claimants who have sleep apnea should also consider whether they may have additional conditions that contribute to their inability to work. For instance, does the claimant have hypertension, fibromyalgia, diabetes, mental conditions or chronic heart failure? These conditions, in addition to the sleep apnea, may be enough to convince the Social Security Administration that the claimant does not have the residual capacity to work.

Are you seeking the proper treatment for your sleep apnea?

Claimants must also get proper medical treatment for their condition. It will not be enough to claim that you do not have medical insurance or money to pay for a doctor. Claimants who have not been seeing a doctor or who have not followed the doctor’s treatment plan will not qualify for disability benefits. If a claimant does not follow the doctor’s treatment plan the Social Security Administration can very easily argue that if they were, they may be able to work.

Claimants who have sleep apnea must prove that they have tried the various methods of treatment, but these treatments have failed to cure their condition. Claimants need to have tried non-surgical options such as muscle relaxants, specialty sleep pillows, devices which help a sleeper avoid sleeping on their backs and weight loss (considered one of the most successful treatments for overweight claimants who have sleep apnea). Other more advanced treatment options may also need to be attempted including a CPAP, BIPAP, APAP or VPAP machines.

Hiring a Disability Lawyer

Claimants with severe sleep apnea, which has not improved after medical treatment, combined with other severe health conditions may be able to prove that they do not have the ability to work.

 

Claimants who do not understand what needs to be included on their Supplemental Security Income or Social Security Disability Insurance application should talk to a disability lawyer for more information.

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Social Security Administration Disability- Do I tell the SSA if I move?

Friday, January 27th, 2012

It is not unusual for either a Social Security Disability Insurance case or Supplemental Security Income case to be initiated in one state and then somewhere in the process the claimant has to move. A common question claimants ask is, “Do I need to move my disability case when I move?”

This may seem like a strange question given that Social Security Disability Insurance and Supplemental Security Income benefits are federal benefits and are administered by the Social Security Administration. The decision making process and the award calculations are the same throughout the United States (with the exception of state supplemental payments for SSI). Given this fact, it is not unusual for some claimants to not contact the Social Security Administration when they move.

The general rule is if you are going to move and you have not initiated the disability process, wait to file your claim until you get settled. If you have to move and cannot wait to file, go ahead but contact the SSA as soon as you are in your new location. If your claim is being “processed” by the Social Security Administration and you have to move, make sure to contact them when you get your new address.

How does location affect the disability decision?

As mentioned above, the Social Security Administration has done a good job of establishing standardized procedures to ensure that all disability examiners use the same process to determine whether or not a claimant is disabled.

The Social Security Administration does, however, divide the United States into regions. Not only is your Social Security Administration and Supplemental Security Income application processed in a specific Social Security Administration regional office, if you are scheduled to have a hearing your application is sent to a specific Office of Disability Adjudication and Review (ODAR) for the hearing.

According to the Social Security Administration they have “10 regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and one national case assistance center. There are approximately 1,300 administrative law judges and 7,000 support staff in the field organization.”

For example, Region I is called the “Boston” region, although it services Boston, Hartford, Lawrence, Manchester, and several more cities. Each of the corresponding cities has a local ODAR office which services the local SSA field offices. For example, the Boston ODAR office services the field offices in the following cities: Boston, Brockton, Chelsea, Dorchester, Falmouth, Fitchburg, Farmington, Gardner, Hanover, Hyannis, Lynn, Malden, Norwood, Quincy Roslindale, Salem, Somerville, and Waltham.

It can become very clear that if your case is pending in the wrong court this can cause issues when your case is ready to be scheduled. You do not want a case to be scheduled in a court that is in a different state from your home state. Additionally, the wait to hear cases is very long and you do not want to do anything that can jeopardize your “place in line” for your Social Security Disability Insurance or Supplemental Security Income case.

Hiring a Disability Lawyer

Now if this is all confusing and you need help disability lawyers work on contingency fee basis and are ready to review your case at any time to find out if they can help you. The good news is they are only paid if they win your Social Security Disability Insurance or Supplemental Security Income case.

 

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Can I work up until I receive Social Security Administration disability benefits?

Friday, January 27th, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants want to know if they can work up until they are awarded Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. This is a great question and sounds like a good idea, especially considering the Social Security Administration disability decision making process can take weeks, months or even years for some disability claimants, but the answer to the question goes to the fundamental definition of disability according to the Social Security Administration: If you can work you are not disabled.

That’s right; according to the Social Security Administration disabled by its very definition means you do not have the capability to perform what they call “substantial gainful activity” for at least 12 continuous months due to a severe mental or physical health condition.

So what if you can work or perform substantial gainful activity? If you are able to work right now or if you are working too many hours or making too much money the Social Security Administration will automatically consider you not disabled and will deny your Social Security Disability Insurance or Supplemental Security Income case, and they will do this without ever requesting your medical records or evaluating the severity of your health condition.

Common mistakes made by disability applicants

If you are currently working and performing substantial gainful activity you have several considerations to make. Either you must decide that your condition has become so severe you cannot work and you stop working and apply for benefits or you continue to work. Below is listed several things you DO NOT want to do.

  • Severely reduce your working hours instead of applying for disability

A common mistake made by many Social Security Disability Insurance or Supplemental Security Income claimants is reducing their hours gradually until they are working very part-time (less than substantial gainful activity). This may be one way to deal with your health limitations but because Social Security Disability Insurance is based on your average lifetime earnings, if your wages decrease substantially for many years the amount of SSDI you are entitled to receive (if you were to get SSDI) would decrease as well.

  • Quitting work and not applying for disability

Many claimants stop working because their disability makes it impossible to work but they do not apply for Social Security Disability Insurance. While you may be covered or insured by SSDI for a time, there is a date in the future (date last insured) that you will no longer qualify for SSDI benefits. If you quit performing substantial work due to a severe health condition, apply for Social Security Disability Insurance immediately. If you do not qualify for SSDI and you are applying for Supplemental Security Income this is not an issue.

  • Not saving money to support yourself while you are waiting for disability

If there is one thing a Social Security Disability Insurance or Supplemental Security Income claimant should do prior to quitting work it would be to make sure they have an emergency fund. Getting SSI and SSDI can be very difficult and it is important to have enough money to support yourself while you wait for the Social Security Administration to make their disability decision.

So, to reiterate the answer to the question, if you are working too much now you will be denied benefits, and although you may be able to work VERY part-time, you will not be able to work full-time and get SSDI or SSI benefits.

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