Updates from February, 2011 Toggle Comment Threads | Keyboard Shortcuts

  • Disability Group 5:00 am on February 18, 2011 Permalink | Reply  

    Working After the Social Security Disability Benefits Award

    By: Disability Group (http://www.socialsecuritylaw.com)

    Have you received Social Security Disability Benefits? There’s a common misconception is that any work done after receiving an award for Social Security disability benefits will terminate those benefits.  In fact, however, a person receiving benefits may work and still receive many benefits.

    Trial Work Period

    The SSA does not consider work by claimants to mean that disability has ended until it exceeds the “trial work period.”  The “trial work period” is a 60-month period during which the claimant worked for at least 9 months.  These months – called “trial work months” – can be spread out over the 60 month period, and count if the claimant earned at least a certain amount.

    If self-employed, a “trial work month” is any month where the claimant either earned the amount stated above, or worked more than 80 hours in their own business.  The SSA’s website has a handy table to determine whether monthly earnings in a given year are enough to count as a “trial work month”.

    Benefits Past the Trial Work Period

    Working claimants who exceed the “trial work period” can still receive SSDI benefits in those months where their earnings are not “substantial” (another handy table at the SSA’s website can show you how much the “substantial” monthly earning rate is for a given year).  Claimants will not receive benefits for any month where their earnings exceed the “substantial” amount.

    Any work expenses that result from disability, however, can deduct from earnings enough to grant claimants benefits despite “substantial” earnings.  These expenses include prescription drugs, wheelchairs, and any specialized work equipment needed to perform a job.

    Even after SSDI benefits have stopped because of earnings, claimants have certain options.  They have five years in which they can ask SSA to reinstate disability benefits because a condition has again become disabling.  In this case, no new disability application is required.

    SSI Benefits

    SSI eligibility is based on financial need.  SSI benefits can decrease or stop when a beneficiary’s income increases.  Likewise, if income drops within the eligibility cap, SSI payments will automatically start again.

    If a disabled SSI recipient works, they may continue to receive payments until their combined income exceeds the SSI income limits, which varies by state.  Like before, if a beneficiary becomes unable to work again due to disability within five years of SSDI benefits ending, they may ask SSA to reinstate their benefits.

    Medicare and Medicaid

    Medicare Part A coverage will continue for at least 93 months after SSDI benefits have stopped due to earnings, as long as claimants are still disabled.  After this period has expired, claimants can buy Medicare Part A coverage by paying a monthly premium.

    Medicaid coverage generally continues even after SSI benefits stop.  Coverage may stop, however, if income reaches a certain level, varying by state and reflecting the cost of local health care.  Contact your local Medicaid office to determine your local income levels and other restrictions.

    The SSA wants claimants to work if possible, and employment should not be viewed as immediately terminating all benefits.  Speak to your attorney or the SSA office to see how it might affect you.

    Copyright secured by Digiprove © 2011
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    • Philly 11:03 pm on May 11, 2011 Permalink | Reply

      Thakns for sharing. Always good to find a real expert.

    • jeanna salas aquino 9:31 am on May 23, 2011 Permalink | Reply

      i was diagnose with ovarian cancer and gowing on chemo .
      im 63 yrs old reciving social security.but with my condition i don;t want to go back to work.
      im medical leave at work .

  • Disability Group 10:00 am on February 11, 2011 Permalink | Reply  

    Veterans Pension and Disability Benefits 

    A veteran may receive full VA compensation benefits as well as full Social Security Disability benefits.  However, VA pensions are treated differently.

    Your VA pension will be reduced by the amount of Social Security Disability (SSDI) benefits you receive.  If you qualify for needs-based Supplemental Security Income (SSI) benefits, they will be reduced by the amount of your VA pension.

    The VA pension is reduced by other sources of monthly income like SSDI because it is a needs-based program for disabled veterans.  VA considers your income and assets, but does not consider other needs-based payments like SSI.  SSI and state welfare will not reduce your VA pension, but remember, your VA pension will reduce SSI benefits.

    My SSDI benefits would be the same amount or less than my VA pension check.

    If this is the case, you may not want to pursue a claim.  Your VA pension will be reduced by the amount of your SSDI benefits.  You may want to simply collect the full VA pension you are already receiving.

    I’m in the middle of filing a Social Security disability claim, and I just started getting my VA pension.

    If this is the case, you might be able to get SSDI backpay from before your VA pension began.  You should call a lawyer and ask for help in determining what you should do.

    My VA pension is going to be about the same as my SSDI benefits, and I’m entitled to SSDI backpay

    If this is the case, you may want to stick with the Social Security disability claim.  Your SSDI benefits will offset your VA pension, but there will be back pay on top of these benefits.

    Remember, always consult an experienced social security lawyer to find whether you should file for SSDI while collecting a VA pension.

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    • steve 11:57 am on May 16, 2012 Permalink | Reply

      I am getting some VA pension and some VA disability…if I apply for SS disability, not SSI, I can’t tell from above what, if any of the 2 will be reduced. can someone please clarify. Thanks.

    • John FitzGerald 3:05 pm on May 16, 2012 Permalink | Reply

      The pension will be reduced. The benefits will not.

  • Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

    Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

    Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.


    Myth: The Social Security Administration denies everyone the first time they apply for disability.

    This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.


    Myth: The Social Security Administration will deny you a certain number of times before you are approved.

    Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

    Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.


    Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

    No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.


    Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

    No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

    Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.


    Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

    Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

    If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

    While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

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