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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.

Tags: Disability, Health, Law, Services, Social Security Administration, Social Security Disability Insurance, Supplemental Security Income, United States
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Will Social Security Administration Award Me Disability if I Have Not Been to The Doctor?

Monday, October 11th, 2010

The Social Security Administration will not grant Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income SSI) without objective medical evidence which substantiates a claimant is mentally or physically disabled and unable to work. In fact, the Social Security Administration would like to have at least 12 months of medical records and specifically, medical information for the last three months.

Does this mean claimants who do not have recent medical records should not apply for SSDI or SSI disability benefits? No, if a claimant is unable to work due to a mental or physical health condition, their condition is expected to last at least 12 months (or result in death) and they can not work, a claimant should apply for Social Security Disability benefits as soon as possible. The Social Security Administration will be required to send the claimant to consultative examinations to get physical or mental medical information to make their disability determination.

The purpose of the consultative examination is not to provide medical treatment but rather to gather enough information for the Social Security Administration to determine if the claimant is able to work or perform “substantial gainful activity”. Unfortunately, a one time visit to a doctor who may not specialize in treating the claimant’s disabling health condition will not be able to provide the same level of detail about the claimant’s physical and mental limitations as a doctor who has spent years treating their condition. It is important to note, the consultative examination is supposed to be objective and performed by a doctor who does not work for the Social Security Administration.

Is it possible to receive Social Security Disability benefits from information gathered solely from a consultative examination? Yes, it is possible, if the doctor who examines the claimant states in their examination report that they are disabled, but historically, few Social Security Disability claimants win Social Security Disability benefits based solely on the consultative examinations.

Gathering data at a Consultative Examination

Consultative examinations may begin before the claimant realizes they have started. The medical examiner may take notes of what they see and hear before the claimant thinks the “examination” has begun. How does the claimant get into the building? How do they behave in the waiting room? The medical examiner may note any discrepancies in a claimant’s behavior. Claimants should never lie or exaggerate their mental or physical health conditions, but it is also important not to minimize symptoms. Unfortunately, for many cases the consultative examination does not positively affect the decision for a Social Security Disability claim.

How do most claimants win Social Security Disability Benefits? The best way to be awarded Social Security Disability benefits is to seek medical care from an objective medical provider prior to applying for Social Security Disability benefits. Some of the best medical documentation a claimant can have is a Residual Functional Capacity Form (RFC) completed by a treating physician who has a history of providing medical care for the claimant. The Residual Functional Capacity Form (RFC) will detail the mental and physical limitations of the claimant and can be evidence to establish the claimant is unable to work.

Claimants who are unable to pay for ongoing medical care should at the very least try to visit a clinic, hospital, doctor or free mental health clinic to document their mental or physical conditions prior to applying for Social Security Disability benefits. The bottom line is…few cases are won from the medical information provided exclusively from a consultative examination.

Tags: Disability, Health, Health care, Law, Social Security, Social Security Administration, Social Security Disability Insurance, United States
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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.

Tags: Administrative Law Judge, Disability, Law, Services, Social Security, Social Security Administration, Social Security Disability Insurance, United States
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What are the Steps for Applying for Social Security Disability?

Thursday, August 19th, 2010

If you have become disabled and unable to work you may qualify to receive Social Security Disability payments. The Social Security Administration manages two programs for individuals who are no longer able to work and meet their definition of disabled. Unfortunately, it takes more than a doctor’s note to qualify for disability benefits. The SSA considers an individual disabled if they do not have “the ability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or … has lasted or can be expected to last for a continuous period of not less than 12 months.” The Social Security Administration does not provide disability benefits for short-term disabilities which will last for less than 12 months.

Applying For Social Security Disability

The Social Administration has made it easier than ever to apply for Social Security Disability benefits. Applicants may apply in person, over the phone or online.

Fill out the Social Security Disability Application:

Applying online

For those who have basic computer skills filling out the SSD application online may be the easiest method to use. An applicant can access the Social Security Administration’s website from the convenience of their home with their personal computer and will avoid long lines and unscheduled delays at the Social Security Administration office. Applicants can apply for Social Security Disability Insurance online if they are over the age of 18, have worked and paid Social Security taxes long enough to qualify for Social Security Disability Insurance and they have a mental or physical health condition which does not allow them to work and is expected to last for 12 months or longer. Applicants must also live in the United States or one of its territories.

Applying in Person

Applicants who would prefer to apply in person can call the Social Security Administration Office and request a meeting in person or over the telephone. The Social Security Administration Office number is 1-800-772-1213. In-person or telephone interviews may be more difficult and time consuming but applicants may be able to ask questions and have help completing their Social Security Disability application. It is important to maintain a call log of the names of people you have spoken with and the dates and the times of each conversation.

All applicants will need to provide the following documents:

Copies of all work history information for the past 15 years
Copies of your most recent W-2 forms
All medical information including: doctors, hospitals, and clinics names, phone numbers and addresses
The Social Security Number for the person applying for Social Security Disability Insurance
A valid birth certificate
Information regarding medications taken and laboratory tests performed
All information regarding marriages and dependants (names, ages and birthdates)
Any other information about other public benefits that an individual is receiving

Claim Is Approved

It generally takes the Social Security Administration several months to evaluate a claimant’s Social Security Disability application and determine if they qualify for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) benefits. The Social Security Administration will notify the claimant in writing if they are awarded Social Security Disability benefits and the disability notice will contain the benefit amount and the date the Social Security Disability benefits will officially begin. Under some conditions, claimants may receive retroactive payments. Talk to a Social Security Disability lawyer for more information.

Social Security Disability Review Process

Receiving Social Security Disability benefits is not the final step. Due to advancements in medical technology, it is not uncommon for some claimants to eventually become physically and mentally healthy enough to start working again. The Social Security Disability office will periodically perform a Continuing Disability Review (CDR) to determine if an individual is still disabled. Individuals who have a high probability for improvement may have to submit to a review every 6 to 18 months. Other claimants who have a low chance of improvement may have their Social Security Disability case reviewed approximately every 7 years. Reviews are done by mail, in person or over the telephone.

Social Security Disability Claim is denied

Most Social Security Disability claims are denied. If you receive a denial you have several choices 1) file a request for a Social Security Disability appeal (the first appeal in most states is the reconsideration) 2) file another Social Security Disability application 3) do not pursue a Social Security Disability claim.

Request for Reconsideration

Claimants who file a request for reconsideration must do so within 60 days from the date of receiving the Social Security Disability denial letter. Claimants who do not meet the appeal deadline will have to reapply and start the process again.

Applicants have about a 20% chance of receiving an approval at the reconsideration level. The approval or denial may take from 30 days up to 8 months depending on the case load for your region.

Request for a Social Security Disability Hearing

Applicants who have not already hired a Social Security Disability lawyer generally do so prior to requesting a Social Security Disability hearing. A Social Security Disability Hearing is a chance for you to argue your case before the Administrative Law Judge. This will be your best opportunity to present all relevant medical evidence and prove you are disabled. Hiring a professional who has experience gathering medical records, developing a case and strategically arguing your claim can greatly improve your chances of receiving Social Security Disability benefits. The Social Security Disability attorney can fully review claim and identify any misconceptions or subjective conclusions which were erroneously made when your Social Security Disability case was initially reviewed by the Social Security Administration. The Administrative Law Judge will review the evidence and make a decision for your case.

If your claim is denied at the Administrative Hearing Level a claimant may request an appeal to the Appeals Counsel and another subsequent appeal can be made in Federal Court. Social Security Disability attorneys can review your denial and determine the next best step for your Social Security Disability claim.

Tags: Disability, Health, Law, Social Security Administration, Social Security Disability Insurance, Supplemental Security Income, United States
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