DISABILITY BENEFIT RECOVERY

"AOD" is the alleged onset date, the date you claim to have first become unable to work.  This date is stated on your original disability application.  It is the date Social Security will look back to in determining whether you were disabled on that date. Because you cannot be disabled under Social Security regulations while you were engaged in substantial gainful work, wages or salary earned after your AOD are very problematic.  Here's an example: Henry says he became disabled on 5/1/12.  This is his AOD.  He wants Social Security to pay benefits back to 5/1/12.  When the administrative law judge interfaces with the IRS and looks at Henry's earnings, however, she sees that he earned $28,537.19 during the third and fourth quarters of 2012 and that during the entire year he earned $51,911.26.  The judge will automatically assume that Henry was working at substantial gainful activity well after his alleged onset date.  If this is true, he will not be eligible for di

"My doctor wrote a letter saying that I am disabled and not able to work at any job.  Social Security denied my benefits, anyway.  How can they do that?" Your doctor meant well.  But he is attempting to decide a matter that can only be decided by the Commissioner of Social Security under the regulations.  In short, doctors may not determine who is disabled and who is not. Here is what your doctor can and should do:  provide you with a form or letter describing your specific functional limitations.  By functional limitations I mean your ability to lift, sit, stand, walk, kneel, crouch, crawl, reach, concentrate, remember and follow instructions, complete simple tasks in a timely fashion, etc.  These opinions carry great weight with Social Security when they come from a doctor who has treated you over a fairly long period of time. Letters from doctors are often not helpful for 2 reasons.  (1) They do not address specific functional limitations that would prevent work, an

The Work History Report is used by Social Security to determine the exerti on category of past work:  light, medium, heavy or very heavy work.  A claimant needs for the past work to be properly classified and this means the Work History Report must be complete and accurate. I am writing a brief on an appeal case. I just looked at the claimant's Work History Report.  This report was filed by the claimant with the original application almost 2 years ago.  What I want to know is, how much standing, walking , reaching, bending and lifting the claimant did in her previous jobs. What I find on the Work History Report is a lot of blank spaces. N o information was filled in by the claimant.  Apparently, she filled out this form they way I used to do my homework--in a hurry and just skipped over things.  This is typical of what I see in Social Security disability applications.  Instead of answering the questions, the claimant writes "NA, unknown, not sure," or just leaves

"With Social Security there is no such thing as being "partially disabled." A "partially favorable" disability decision from Social Security i s usually one in which the alleged onset date has been changed or "moved forward," resulting in less back pay than was anticipated. There is no such thing as being "partly disabled" under Social Security rules.  A person is either disabled or not disabled.  However, the date on which the person became disabled (the onset date) is often questionable.  A partially favorable decision finds that the claimant is indeed disabled and medically eligible for benefits ; however, it finds that the disability began at a later date than was alleged by the claimant.  Thus, the back pay has been reduced.  This would have no impact on the amount of the claimant's monthly benefit .  It just reduces the number of months for which back pay is due. A disputed onset date may be appealed, just like any othe

One of the myths about Social Security disability is that many claimants are frauds trying to fool the system.  We are told by the media that once the Social Security claim has been denied, these claimants go back to work. A new government study released in April 2016 concludes that this simply is not true.  It is a media myth.  The study concludes that only 27 percent of people who get denied for Social Security benefits ever return to work.  The majority are simply not able to work. If there were as much fraud in the Social Security system as the media believes, we would see a much larger number of denied applicants returning to work after failing to get their benefits.  The truth is, the majority of Social Security applicants would like to return to work but are unable to do so.

Are you disabled under Social Security's rules?  Are you eligible to receive monthly Social Security disability payments?  Here are some questions to help determine potential eligibility: TEST 1:  Out of the most recent 10 year period, have you worked at least 5 years on a regular basis? Have you worked regularly during the most recent 5-year period? If the answer is yes, you have probably earned enough work credits to be covered by the Social Security Act.  Coverage is earned by working and paying FICA tax through payroll deductions.  Work done long ago may not count. TEST 2:  Are you now working at substantial gainful activity (SGA)?  For purposes of simplicity, SGA is defined as current earnings (salary, wages, commisions) totaling at least $1,130 per month before tax or withholding.  If you are currently working at this level, you are not eligible for SSDI benefits.  Note:  SGA includes only earned income from salary, wages, tips, commissions, etc. and does not include inc

Did you know that after you stop working you may lose the right to file a new Social Security disability claim?  This is because your insured status with Social Security expires about 4 years after you stop performing regular work. Many people assume that once they work enough to be covered by Social Security that they are always covered.  This is not true.  You continue to earn disability coverage byk working and continuing to pay FICA tax through your employer by payroll deduction. When you stop working regularly, your insured status will remain for about 4 years.  Then it goes away.   Take the case of Jane.  She worked as a dispatcher for a transportation company for 22 years but quit work in 2010.  In late 2015, Jane was diagnosed with a cervical malignant tumor that would require extensive surgery and chemotherapy.  It was likely that she would not be able to work again, at least for a few years.  She decided to file for Social Security disability. Imagine Jane's shock w