DISABILITY BENEFIT RECOVERY

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her age or the severity of her medical impairments.  SGA level work is disqualifying at Step 1 of the sequential process and no other factors will be considered.  It does not matter why a claimant is working. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,170 per month (This is the 2017 amount). Caution:  It is the work , not the income that disqualifies.  Non-earned income, such as income from investments, pensions, insurance, etc. does not disqualify SSDI benefits. Another question arises:  May I work ...

Does it matter how much money you have in the bank or how much monthly income you have when filing a disability claim?  Read our answer carefully. Whether income matters or not depends on what type of claim you intend to file. No, it does not matter how much money you have for a regular Title 2 disability or SSDI claim.  Disability claims under Title 2 are not means tested.  You do not have to be poor or have limited income to qualify.  However, you may not be working and earning wages that are above Substantial Gainful Activity (presently $1,090 per month).  It is the work , not the income that is disqualifying.  Simply put, you cannot be disabled and working at SGA level at the same time under Title 2 or SSDI regulations.  For example, a person may be medically disabled, but if he is working full-time he would not qualify for SSDI benefits because of the work. Yes, household income does matter if you are filing an SSI claim, also known as Tit...

Your attorney gives you a form to have your family doctor complete to support your disability claim.  Your doctor refuses, saying, "I don't ever complete these forms for my patients."  Can you get a new doctor to complete the form for you? The answer is, Yes you can, but it may not do any good. 20 CFR  404.1527 stipulates how much weight will be given to a doctor's opinion.  The following factors are considered by the decision maker on your claim:  A doctor's opinion may not be manufactured out of broadcloth.  It must be supported by objective data, such as laboratory tests, X-rays, MRIs or other imaging studies. 1.  Supportability .  Is this doctor's opinion supported by his or her own medical evidence and by objective medical evidence from other doctors in your medical record? 2.  Nature and Extend of the Treating Relationship.  If this doctor has seen you only one time (to complete the form), he or she does not have a treatme...

WHICH DISABILITIES ARE NOT COVERED BY SOCIAL SECURITY? The Social Security Act covers a wide range of physical and psychiatric impairments which may result in disability payments if they are severe. However, there are certain impairments which are not covered by the Social Security Act.  Here are 4 examples. (1) Short-term impairments that will not last at least 12 consecutive months.   A condition that is not reasonably expected to last for at least 12 consecutive months is not covered by Social Security. (2)  You have a severe impairment but are still working on a full-time basis or engaging in substantial gainful activity.   If you are now working at substantial gainful activity (SGA) such as a full-time job, you are not eligible for disability benefits, regardless of your age or the severity of your impairments.  In short, you may not engage in substantial gainful activity (SGA) and apply for Social Security disability at the same time.  (You ma...

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...

Filing a Social Security disability claim is a complex matter.  The Forsythe Firm offers this checklist to help claimant's properly file their claim for best potential results: Initial Application (First Time Filing) - You will need to complete the following forms Application for Benefits (online or at a Social Security office) Disability Report (Adult/Child) - Form SSA-3368 BK Function Report - Form SSA-3373-BK Work History Report - Form SSA-3369 BK Authorization to Release information to the Social Security Administration (SSA-827)  Additional forms may be sent to you by the Disability Determination Service after your application is submitted. Appeal / Request for Hearing by Administrative Law Judge - You need the following: Request for Hearing by Administrative Law Judge - Form HA-501 Disability Report (Appeal) - Form SSA-3441 Authorization to Release Information to the Social Security Administration - Form SSA-827  Some Important Information You W...

Some important terms stand out in Social Security disability regulations.   Here is what they mean. Alleged Onset Date (AOD) .   This is the date the claimant alleges to have first become disabled.   If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.   So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive. Waiting Period .   The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.   This is really an elimination period.   5 months of benefits will be subtracted from the Established Onset Date.   For example, if you are found to have become disabled on March 15 th , your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of Septemb...

#1 - Obtain Help From a Disability Advocate or Attorney Who Knows the System and the Process.  The majority of claimants whose claims are approved are assisted by a Social Security disability advocate or attorney with experience in filing federal disability claims or handling appeals.  What does this representation cost?  The answer:  Nothing unless you win and receive back payments.  Representation is available on a "pay only if you win" or contingency basis.  There is no risk.  You never pay a fee unless you win your claim and receive a past due award settlement (back pay). #2 - File your own claim and do your own paperwork and prep.  CAUTION:  Up to 75 percent of initial applications are denied and require an appeal.  Most of these claimants will end up getting professional help with the appeal.  You may want to consider getting professional help at the beginning.  In many cases, representation will cost you not...