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Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 28, 2001 - 9:37 pm: | 
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I am being reviewed.SSA lang.is because of work I suppose they do not consider me disabled but will continue my benefits.now the medical 10pg. form has been turned in.My Dr.writes I am not able to work fulltime mental illness is chronic & episodic.Can ssa. overrule medical records? |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 02, 2001 - 6:58 am: |
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Yes they sure can! You need a lawyer, and quick. |
donna fullen
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, June 16, 2001 - 11:14 am: |
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hi i have been dianoise as having DID this is multipal personalities and are currently on ssi and disability i use to have a cleanning service and recently able to go back to work on some days when i am able my question is am i permitted to have a bussness or just work like subcontract labor and still recive my benifits also what all do i turn in and really how do i go about doing all this i can't make it on what i get now and i am better some days than others this is why i choose this type of work and the people understand my condition but i need to know what is the law and what i need to do first i don't want to earn this income only to have to pay back all my benifits and really put myself in the hole i want to help myself and do what i can but i have to face the facts i can't always do for my self this is why i am on disabiliy please i need some advise i don't even know where to start i just went out there and did the work when i could and the days i can't i don't i want to do what i can i hate the fact i have to be on this but thank god it is there for me and others |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 21, 2001 - 6:38 am: |
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The issue of when to work when getting benefits is a complex one; if you are not careful you can get into a serious overpayment situation. Please see my frequently asked questions for more detail. Talk to an attorney before you do any serious work. |
JohnDoe
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, September 20, 2001 - 8:20 am: |
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I thought I read several years ago that a disabled person could earn maybe between $400 and $500 a month and not effect their disability payments. I don't see how anyone can exist for long on the $900± SSI pays. Am I dreaming or is their a maximum amount that can be earned?
Reply by Paul This is a complex and dangerous issue for the disabled. If you have applied or are drawing benefits, you must report your earnings. And, the Administration is perfectly capable of finally examining your earnings several years after you started working and claiming you should pay all of your checks back for all of those years because you were able to work.
What you often hear is that someone who is drawing disability "can make less than $780 a month." It is true that if you make less than that amount in 2002, there is no presumption from the mere wages paid that you are able to work. The limit changes each year.
Even though there is no such presumption, you can still be ruled able to work because of work activity which nets less than $700. For example, someone could work for a charity and make nothing at all and work 40 hours steady every week, just like a regular job. Such activity proves that he can work, and under the law if he does it for 5 years he might be held to owe the Administration back 5 years of checks.
Further, reported earnings tends to trigger a review of your claim.
So if you make $400 a month for a year or two, you can almost count on a review, even though you are making less than the limit.
If all of that makes you scared, that indicates that you are finally understanding the situation.
That being said, the Administration also has some excellent programs to encourage people to return to work.
People drawing SSI will have their checks reduced based on the amount they earn. Once the check is reduced to $0, if you stop working within a year, you can go back to SSI without having to prove that you are disabled.
People drawing Social Security Disability can often work and draw a check for 9 months during any 36 month period, provided that they have not recovered medically, whatever that means; this means that they can give work a trial and not have to start all over with a new claim if they fail.
There are a number of other programs that are covered elsewhere on this site, that do not involve earning money.
In general, it often works out well for those who try to go from drawing disability, through unsuccsessful work attempts, back to disability; or of course for those who go from disability to full employment.
But it is dangerous to plan to draw a check indefinitely and work indefinintely.
If after reading this you feel confused and anxious, that means that you understand your situation.
If you are applying or drawing benefits, never attempt ot work without talking to a good attorney about exactly what effect your activities will have on your check. But don't give up on returning to the work force, either.
Anybody who relies on this post to plan a work attempt is nuts. Be careful and consult an attorney!
Take care. |
IQTGJ
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 28, 2001 - 7:01 pm: |
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I know of someone who has been drawing disability for several years. This person also has received a salary for at least the past 5 years. How do I help this person comply with the laws? How much can one make while on disability? If they exceeded the set limit, are there penalties attached to back payment? Is it possible to set up a payment plan if back payment is due?
Reply by Paul This person could be in serious legal trouble, both civil and criminal, if they are drawing any income and not reporting it.
Penalites for failing to report go so high as incarceration, if it is intentional.
Payment plans are possible in some cases.
He or she should hire an attorney, and a good one, to get out of the mess he is in.
Sooner or later, the Administration compares W-2 wages reported to the list of people that draw disability.
Please see other posts for answers to your question about how much one can make. |
SSIer
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, November 02, 2001 - 3:25 pm: |
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SSA says that 24.5% of all persons on SSI have a diagnosis of MR.
SSA says that 46.9% of all persons on SSI reporting wages have a diagnoss of MR.
SSA says that 23.0% of all persons on SSI have a diagnosis of Schizophrenia.
SSA says that 16.4% of all persons on SSI reporting wages have a diagnosis of Schizophrenia.
http://www.ssa.gov/statistics/ssi_qtrly/dec2000/table05.pdf
Summary Data over time
http://demo.ssimanager.com/ssistats.asp
Wonder why the big difference in working % |
Robert Graham
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, April 28, 2001 - 7:14 am: |
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I am a 56 year old male who has limited mobility and have been receiving SSI and medicaid for about 8 years. I have acquired new computer skills and there may be a possibility of me going to work at a job where I don't have to move around a lot. How would this affect my SSI and medicaid. Is there a certain amount of money I can make and keep my benefits? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 30, 2001 - 5:23 am: |
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Robert, working while drawing disability is a complex question. Yes, any significant income you have will affect your SSI disability benefit amount. And enough work activity will cause the Administration to review your case to see if you are still disabled. But on the other hand, if you can step out into a full time job with benefits, that will be better money than SSI.
I would talk to an attorney before I took any big step. |
Bill Root
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, November 14, 2001 - 8:19 pm: |
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I have been on SSD for five years, I am sixty two years old and would like to work part time to supplement my income as my health care costs have risen sharply since I retired, I would like to know how much I can earn and still keep all of my benefits. Bill
Reply by Paul You are in a fortunate situation because you can claim Social Security Retirement, or Social Security Disabilty, as you prefer, as can anyone who is 62-64. Generally, unless you have a certain kind of worker's compensation claim, disability is better.
If you choose Disability benefits, you can usually work up to 9 months in a trial work period and continue to draw your check. After that you can enter in to an extended period of eligibility during which you can probably keep Medicare, but no check.
You can do the above only if medically you continue to be disabled. The Administration can come in at any time and claim that medically, you are not disabled, and try to cut your check off. This is a serious concern for people who are younger than you, but at your age this is unlikely, and even if it happens you can always fall back on retirement benefits.
If you choose Retirement benefits, you can make up to $10,000 a year and still draw benefits. But if you have a lot of work activity, the Administration might of course say that since you can work you cannot return to Social Security Disability.
For younger people who are thinking about going back to work, the alternatives and hazards are both greater.
For people drawing SSI, as opposed to Social Secuirity Disablity, the effect of work on a check is different.
Take care.
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Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 14, 2001 - 11:40 pm: |
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Hello everybody, I feel I have a unique problem. I was on Dis.and mustard up enough health so I thought, to try their trial work program.Well Ive just made everything alot worse on myself and family.My condition is probley twice as bad as it was and the ssa.just turned a delft ear to my request to restart my checks... While I was on this trial work program they decided that it was time for a checkup,when I went in to the doc.office he ask "Well how are you getting along". My reply, the best I can,I take it a day at a time. I work when I can,but Im tring. Well from this he sent SSA a letter telling them what I was doing and that I should be encouraged to keep working,in addition made it a point to tell them what I was wearing.From that they decided I did'nt qualify for dis. anylonger and never told me until I tried to restart my benefits. So they ssa. say because I returned to work I did'nt Qualify for the extended period of eligibility. Based entirely on the doctors statment. "Well what else could he had said or I. I was on a trial work program..It was the longest before I could even get anyone to admit the trial work program even existed. This is the truth. I was shocked. Well hopefully this will help someone not to make the same mistakes in trust I made. Ive been waiting 2 years, and my court date is set for the end of dec."After Christmas." Any advice ? Thanks, nice web site..........
Reply by Paul I wish your experience were unique. Be sure you have an attorney at your hearing. Trying to go back to work is very tricky. I often encourage it, and it would be sad for someone who thinks they can to avoid work out of fear of this sort of treatment. The rules are so complicated that you should sit down and talk to an attorney before you try it.
Take care. |
Terrel Barnett
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, February 11, 2002 - 2:24 pm: |
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Is there a web site where I can find updated information on earnings limits for SSDI recipients? I didn't find it at ss.gov site. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 12, 2002 - 1:56 pm: |
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It will be presumed that someone who makes a certain amount of money, in 2002 that amount is $780 per month, is performing substantial gainful activity, that is, that he is able to work. But that does not mean that making $700 per month is safe!!! Please see the above posts. |
gary maples
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, February 23, 2002 - 12:13 pm: |
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can you have income if you are drawing disability |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 01, 2002 - 12:17 pm: |
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There is no question I can think of that you might ask that has a more complex answer. Study all of the quesitons under working, and I am afraid that you will probably be only more confused and worried than you were before you asked. Which is good; it's a dangerous area of law. You should sit down with an attorney before you take any final action. |
Dale
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 27, 2002 - 2:11 pm: |
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I am a 60 year old male and have recently been approved for SSD (not SSI). I have several health problems, FMS/CFS, high blood pressure, bulged disk in my back and other problems. I can do a small amount of work for a short period. I do not plan to work at a job for income. My question is, can I do odd jobs around the house such as mowing grass, home repairs and etc without losing benefits. I am a resident of the state of Missouri |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 20, 2002 - 9:05 am: |
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Around your own house without pay, I assume? That is a question that is impossible to answer yes or no; it has a common sense answer. If you go back to the judge, and he is trying to decide whether you can work, if you put a 6 room addition to your own house without help, he will decide that you are not disabled. If you try to mow the lawn once a week and have to stop every 5 minutes and rest for an hour, your case is stronger than it would be if you never tried. In between are an infinite set of examples that could help or hurt you. |
Earl Johnson
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, October 21, 2002 - 9:28 pm: |
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I've been on disability every since Iwas 3years old now I'm 24years-old, and I want to get job. but people tell me if I get off want be able to get back on if I get real sick. I have cancer, 1kidney, and scoliosis. I never had a real jobs and i want to try an work.If If start working and get ill! could I get my ssi back? An I live in mississippi! |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 06, 2002 - 6:34 am: |
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This is a very hard question to answer, and I won't pretend to answer it completely.
First, if you start working, you must report that to the Administration.
Second, as you earn money, the amount of your SSI check gradually goes down, until it finally disappears.
Third, if you stop working within a year, it is supposed to start back up. If you stop working after that, you will have to file again, and it could take a long time to get it started back up.
Fourth, the activity described above can cause them to review your claim and try to terminate your check.
Whether or not to try to work is a tricky question; I usually encourage people to do so, but only after talking to them carefully. You should talk to someone with a lot of experience in this area, perhaps at legal aid.
Be sure you are able to prove that you gave the Administration notice of your earnings, in case they accidentally overpay you. |
tejas
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, August 29, 2003 - 4:21 am: |
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I had a heart/double lung transplant about 10 years ago. Recently my company tried to lay me off so I went on disability. (Not hard to do if you've had a transplant). I will now be drawing 100% salary for 6 mos. then 60% thereafter. I must go on SSI and the insurance will pay the difference to get me to 60%. My question is I have a master's degree and have been asked to teach a night course or two at the local university. Should this get me into trouble with Social security? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, August 30, 2003 - 10:36 am: |
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The short answer is, maybe. Of all the questions that come up about disability, this is the most complex to answer. Please see the above answers, and ask again if you have further questions. |
James
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 29, 2003 - 2:21 pm: |
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Mr. McChesney,
I wanted to let you know that my father's claim for disability was approved on the first try without a lawyer, I realize that this was a true miracle however I want to ask a question about if he is able to do some sort of menial work for a few hours each week 10-15 max. Can his benefits be taken away?? His COBRA insurance is going to be so expensive that it will eat up nearly half of the $1100 he will recive each month. Thanks for help. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, August 23, 2003 - 9:53 am: |
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James, that is a question that is very tricky to answer; I consider it the hardest question a person can ask about disability. If my answer leaves you confused and worried, you are hearing me correctly. Anyone who is drawing benefits and working and not worrying is being foolish. I can say these things:
The first question is whether the money itself will disqualify him. Here are some partial answers to that question:
-Most people can make any amount for up to 9 months out of every 36 months without automatically being terminated because of earnings.
-Even then, if he makes less than $800 per month (for 2003; the amount will go up each year), those earnings will not automatically disqualify him.
So, if that is all you think about, it sounds like you can work a lot without fear. Is that true? No. Because the amount you earn is not the only problem.
The second question, which most people never realise is an issue, is whether the activity represented by the work will tend to show that he is able to work. Partial answers:
-If he works 15 hours a week, regular as clockwork, why can't he work 20 or 30?
-On the other hand, sometimes work activity will tend to show someone can't work. For example, if an individual has seven jobs in 8 months, all lasting a few days, and has to quit each because of heart pain and emergency room treatment.
-He can get into big trouble by working steadily at even moderate numbers of hours per week.
The third question is what effect work activity has on review by the administration.
-If you don't report your work, you break the law, and might wind up owing the Administration back hundreds of thousands of dollars, and worse, destroying your credibility, and worse, committing a crime.
-If you do report it, it encourages the Administration to review your case.
So, should he work? It depends. Before he makes a final decision, he should design his planned work schedule and talk to a very smart attorney. |
blueritche
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, October 18, 2003 - 10:32 am: |
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My father-in-law has been on Social Security Retirement since 1986 drawing about $890.00 a mont less medicare b payment to net $836.00and he also draws a small check of $85.00 per month retirement benefits from his former employment as an Insurance Broker. He has become legally blind. Can he receive any more money for blindness and can he receive any help in his daily care such as transportation costs etc. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 26, 2003 - 7:57 am: |
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Not from the Administration by way of a Social Security claim. People who are blind have advantages in the way they might qualify for benefits, but do not get any more benefits once qualified.
However, there are some complicated ways in which blind people get more favorable treatment if they try to go back to work. It is more complicated than I make it sound, but to simplify and be a little inaccurate, as they try to work benefits will eventually be suspended, but they will start right back when they stop trying. And the amount of money earned that will cause them to be terminated is higher. Here is the regulation in all its complexity. Hopefully it will motivate you to talk to an attorney before making any decisions about a work attempt:
§ 404.1584 Evaluation of work activity of blind people. [20 CFR SEC 404.1584]
Current through March 12, 2003; 68 FR 11750
(a) General. If you are blind (as explained in § 404.1581), we will consider the earnings from the work you are doing to determine whether or not you should be paid cash benefits.
(b) Under Age 55. If you are under age 55, we will evaluate the work you are doing using the guides in paragraph (d) of this section to determine whether or not your work shows that you are doing substantial gainful activity. If you are not doing substantial gainful activity, we will pay you cash benefits. If you are doing substantial gainful activity, we will not pay you cash benefits. However, you will be given a period of disability as described in Subpart D of this Part.
(c) Age 55 or older. If you are age 55 or older, we will evaluate your work using the guides in paragraph (d) of this section to determine whether or not your work shows that you are doing substantial gainful activity. If you have not shown this ability, we will pay you cash benefits. If you have shown an ability to do substantial gainful activity, we will evaluate your work activity to find out how your work compares with the work you did before. If the skills and abilities of your new work are about the same as those you used in the work you did before, we will not pay you cash benefits. However, if your new work requires skills and abilities which are less than or different than those you used in the work you did before, we will pay you cash benefits, but not for any month in which you actually perform substantial gainful activity.
(d) Evaluation of earnings.--
(1) Earnings that will ordinarily show that you have engaged in substantial gainful activity. We will ordinarily consider that your earnings from your work activities show that you have engaged in substantial gainful activity if your monthly earnings average more than the amount(s) shown in paragraphs (d)(2) and (3) of this section. We will apply §§ 404.1574(a)(2), 404.1575(c), and 404.1576 in determining the amount of your average earnings.
(2) Substantial gainful activity guidelines for taxable years before 1978. For work activity performed in taxable years before 1978, the average earnings per month that we ordinarily consider enough to show that you have done substantial gainful activity are the same for blind people as for others. See§ 404.1574(b)(2) for the earnings guidelines for other than blind individuals.
(3) Substantial gainful activity guidelines for taxable years beginning 1978. For taxable years beginning 1978, if you are blind, the law provides different earnings guidelines for determining if your earnings from your work activities are substantial gainful activity. Ordinarily, we consider your work to be substantial gainful activity, if your average monthly earnings are more than those shown in Table I. For years after 1977 and before 1996, increases in the substantial gainful activity guideline were linked to increases in the monthly exempt amount under the retirement earnings test for individuals aged 65 to 69. Beginning with 1996, increases in the substantial gainful activity amount have depended only on increases in the national average wage index.
Table I
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Over In year(s)
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$334 ................................................................ 1978
$375 ................................................................ 1979
$417 ................................................................ 1980
$459 ................................................................ 1981
$500 ................................................................ 1982
$550 ................................................................ 1983
$580 ................................................................ 1984
$610 ................................................................ 1985
$650 ................................................................ 1986
$680 ................................................................ 1987
$700 ................................................................ 1988
$740 ................................................................ 1989
$780 ................................................................ 1990
$810 ................................................................ 1991
$850 ................................................................ 1992
$880 ................................................................ 1993
$930 ................................................................ 1994
$940 ................................................................ 1995
$960 ................................................................ 1996
$1,000 .............................................................. 1997
$1,050 .............................................................. 1998
$1,110 .............................................................. 1999
$1,170 .............................................................. 2000
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[48 FR 21939, May 16, 1983; 65 FR 42786, July 11, 2000] |
Bo Mack
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, September 08, 2003 - 11:49 am: |
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I was on disability for apporx. 3 years following a cancer removal surgery gone bad.
I have recently gotten off of the disability and started working. My trial period is up & I now find it hard to work.
Can I essentially "go back on disability"?
Bo Mack
Fayetteville NC
YamaHoss27@nc.rr.com
http://techmallz.pcmallz.com/ |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, November 01, 2003 - 6:47 am: |
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Yes. For Social Security disability, once your 9 month trial work period is over, you enter into an "extended period of eligibility" of 36 months. If your income drops during that period, you are supposed to go back on "right away." That program is a great idea; but the Administration's idea of what "right away" means is a lot slower than anyone would reasonably imagine. |
pcrouse
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, January 27, 2004 - 6:54 pm: | |
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