1. I have been on disability since 1999 and worked all my trial work period in 2002-2004. My extended work period is also exhausted.  I am 56 yr old . I want to try and work Pt job But if I go back I don’t want to totally be cut off. They say I can make up to $1010.00 ..I’m am I taking a chance If I try to work…I don’t think you addressed this Issue.
   1. If you are receiving disability benefits, you are always taking a chance of your benefits being affected if you try to work.  The Trial work periods are designed to give people the opportunity to test the job market to see if they are able to work.   However, the Government is responsible for ensuring individuals who are receiving disability benefits are unable to perform work.   Even the ability to do part time work may demonstrate the ability to work.  I strongly encourage people that they will earn more from working than receiving disability benefits.  However, I typically tell people who are trying to work to be careful about trying to keep the earnings to a particular amount.  Social Security may still think you’re able to work.
2. I owe overpayment social security. I just go approved again. What happens with back pay and current benefits?
   1. Typically, what should happen is your back pay should be applied to your overpayment.  If you still owe money after your back pay has been reduced, they will probably take a portion of your monthly benefits until your overpayment is paid off.
3. i had a sjogren’s disease and fibromialagia and also degeneration in the lower back also parathyorid and thyorid problems I been approved for disability. on the approval letter they said that they will review my case in 3yrs. i been receiving disability for the past 15months. want to know the autoimmune diseases are mip or Mine or just improvement is expected. and if i have a review in the next year and a half how good my chances are to win it ?
   1. The Social Security Administration typically conducts Disability reviews to determine if a person is still disabled. Typically, they are looking to see if the person has improved, gotten worse or gotten better.  At the time of the review, they compare your disability to the last time you were approved.  Unfortunately, there is no way to know, in advance, what your chances of continuing your disability.  It all depends on your medical records.
4. Hi, your information is very helpful.  My hearing was on 4/10/2012 and the judge told me that I will be declared disable.  I just receive a paper from my lawyer stating that it can take between 2 to 4 months for the judge to declare me disable and another 4 to 6 months before receiving any money.  They want me to reimburse them money for medical files before receiving my money.  I was never told the date or amount of money I will receive as back pay.  I am being told by other family members that have gone this, they knew at the time of hearing the amount of back pay and the date the disability started.  My family members think my lawyers are lying to me, are they right?  Please help, I am not sure who to believe.
   1. The Judge is only responsible for determining whether a person is either disabled or not disabled.  Another section of Social Security is responsible for calculating the monthly benefits.   There are ways to get a rough approximation of what you may receive.  However, you rarely find out at the hearing what your back pay will be if you are approved.
5. I have not received any back child support payments in over a year. The father lives in Colorado and is on SSI.  Our case is in Texas… Is there different laws pertaining to why I may not receive child support payments at this time?
   1. Every state handles garnishment of Disability Benefits differently.   In addition, SSI is a need based program so it is possible that these benefits may not be garnished.  Contact SSA for assistance in child support.
6. Can you explain the impairment listings?
   1. The third step of the Disability process is whether a person meets or equal the listing.  The Social Security regulations have a List of almost every medical impairment with very detailed requirements for each condition.  Each of these requirements have to be met in order to be found disabled under the Listings of Impairments.  These requirements are usually very tough.  They are designed this way because the idea is that if a person meets all of these criteria, they are presumed to be disabled.
7. I know a business who’s using someone’s name to avoid paying taxes. He has 2 business in two different location but he registered it in both the same address but two different names. The other name is his mom’s who’s claiming disability. I am concern that if the government find out that she has a business under her name that they would stop her disability check. She is old and blind. How do I report this guy?
   1. All you have to do is contact the Local Social Security office and the IRS and let them know that you are concerned that someone is committing Social Security  fraud and federal tax fraud and they will take it from there.
8. What do I do when the Vocational Expert at my hearing says I can work?
   1. It’s important for you to understand that the Vocational Expert does not decide whether you can work or not work.  That expert is there as a tool to assist the judge in determining what types of work can be done by persons under various hypothetical situations.  The judge is the final decision and will weigh all of your medical evidence.  The responses by the Vocational Expert is what the judge will use to determine which situations fits your medical evidence.

1. Should someone seek legal help even if the injury is more short term?But,are not allowed to return back to work until injury is completely diminished?
   1. Social Security Disability benefits are intended for persons who have impairments that keep them out of work (or can be reasonably expected to keep them out of work) for 12 months or more.  If your condition only keeps you out of work for less than period of time, you should contact a Disability attorney to see if you have any other options.
2. If one was deemed disabled due to a severe depression/ptsd/anxiety disorder, then 1 year later, have a bad car accident that now has you taking pain medication daily and asthma worse, how do you inform Soc sec of this to “add?” It’s not like one wants to call and say “i need to add to my disability,” but feel it may be important.
   1. If you are receiving disability benefits, there is nothing to add.  SSA will not increase or change the benefits based on some new disabling impairment.  However, if your case is under review, THEN you want to make sure that SSA knows you have a knew disabling conditions.   The most important thing to do is continue receiving treatment for your new condition.
3. Hello again Mr. Reeves. I wanted to thank you again for putting Clark v Astrue in the spotlight as one of your discussions last year when I originally asked you. I wanted to let you know that the court in the Southern District of NY has ordered RELIEF to this class as of April 13, 2012. Can you please discuss this relief order so that many of the potential class members like myself can understand it a little more clearly. Thank you in Advance.
   1. The Order is not public record yet in West Law.  Once it post, remind me and I will provide a response.
4. I was told if I am denied Disability three times, then they have to give it to me the 4th time.  Is that true?
   1. There is no regulation that requires Social Security to approve you based on the number of times you are denied.  As long as you are eligible, the regulations permit you to apply for benefits.  However, don’t think that just because you keep applying that you will eventually wear down Social Security and that they will give up and just give you Social Security benefits.  You still have to qualify for benefits.  If you don’t qualify, it doesn’t matter how many times you apply, appeal or get denied.

“12 months?  Really?  That’s the best you can do?  He’s in really bad shape.  I’m struggling to work two jobs and support the household.  We may get evicted soon.  You don’t understand where we’re coming from.  I don’t know how long we can hold on.”

I wish I could say this was the first time that I heard those words.  Unfortunately, I can’t.  Those were the words of a loved one trying to hold on while I try and get her boyfriend the disability benefits he desperately needs.   It’s not a new conversation.

I can’t tell you the number of times I’ve told my clients that “I’m going to be in your case for awhile.”  Unfortunately, it doesn’t always sink into their mind, at first.  At then, it happens.

LIFE!

The bills start to mount up.  The foreclosure (or eviction) notes are posted on the door.  And you start struggling to get financial assistance.  It all becomes too much to bear.   With no end in sight, the client will turn to (and on) the person they hired to help them fix this mess.

The attorney.

As the attorney, we are taxed with the responsibility of fixing this problem.  Of helping the person in need receive their benefits.  But, it’s taking too long.   The financial strain is too much.   And at some point, the attorney is considered a part of the problem.

But, know that the attorney really cares about your Social Security Disability case:

1. They know it’s going to take a while.

Most attorneys know that you are going to have to wait a year or longer.  It’s the nature of the beast in this practice and they know this going into it.

2. They want your case to go faster, too.

You would be surprised by the number of people who legitimately believe that attorneys want the case to drag out so they can make more money.  First of all, that’s unethical.  Second of all, a happy client is a client who will tell others how happy they are with the attorney services.  So, why would they make the process longer so you can bad mouth them?

3. They know you’re running out of money

The bottom line is that you’re not working.  NO work.  NO money.  Your attorney knows this already and they know the sooner they can get you benefits, the better.

4. They know you need your medical benefits.

Yes, we know you need to go to the doctor.  We know there is no universal health care.  Yes, we agree with you when you ask,  How can I prove I am disabled if I don’t have the money to go to the doctor?”.  Trust me, we know all too well.

5. They know the words don’t help but they still want you to know.

No attorney wants to tell their client bad news.  We don’t want to tell you Iit’s going to be another 12 months,, or that the records aren’t helpful, or that this judge is really tough.  You’ve had enough bad news but we have an ethical obligation to keep your informed.

Sometimes, it’s easy to turn your frustration on the one person who is there to help you.  Just remember, they are a part of the solution, not the problem.

Don’t misunderstand the title of this post. I’m not saying you need to go back to work in order to get Social Security Disability.  After all, the main reason you are applying for Social Security is because you can’t work.

Still, it’s important that you understand the reality of the current climate:

“The prolonged economic slump has fueled a surge in applications for Social Security disability benefits, with many desperate Americans seeking refuge in the program as a last resort after their unemployment insurance and savings run out. “Damian Peletta and Dionne Searcy, Jobless Tap Disability Fund, Wall Street Journal, December 26, 2011.

“Republicans in Congress continue to press to destroy the American social safety net. They insist Social Security, Medicare and Medicaid, as well as other social programs, remain ‘on the table’ for major cuts and restructuring — which could end them as we know them.” Donald E. Maypole, Republicans are out to destroy our safety net, Duluth News Tribune, January 8, 2012

“The Social Security Administration has commissioned an independent review of the federal disability system amid concerns it awards benefits to those who don’t deserve them and denies benefits to those who do.”  Damian Paletta, Disability Systems Faces Review, Wall Street Journal, December 14, 2011.

“The takeaway is that you can’t rely on anyone, least of all a government program that’s outlived its usefulness, to keep you fat and happy in your dotage”. Greg MacFarlane, Will Social Security Live to See 80?, Financial Edge, December 19, 2011.
Face it, folks. We have what a perfect storm: On the one hand, more and more Americans are turning to Social Security as a potential revenue stream yet, on the other hand, a good number of our elected officials are at least considering cutting back on the program, viewing it as a strain on the national economy.

So what does that mean to you?  It means that the Social Security Administration is probably going to be more critical when evaluating disability cases, so you need to make sureyou have everything you need in order to prove that you are disabled:

1) You must prove you are disabled.

I have said this a million times so we will make this a million and one:  you must prove that you are disabled.  You have to go to the doctors.  You have to get the medical records.  You have to follow the treatment.  You and only you have to prove you are disabled.  Stop whining about how you are entitled to receive something.  The only entitlement you have is to apply, not receive.

2) You’d better try to find any medical treatment you can.

I have three words for you: know your area.  In other words, you need to investigate every resource that is available to you in your area.  Contact the Health Department.  Contact Social Services.  Find out if there are any free clinics in the area.  See if your county or city offers any free health insurance.  Make sure you apply.  Make sure you keep a copy of all of your attempts.

3) Most sick people try to find something.

You have to think about this logically.  Most people want to feel better.  So, if someone feels bad, they try to improve their situation.  If you hear voices telling you to hurt yourself, most hospitals have the ability to admit you so you don’t hurt yourself.  Most people who are in pain will go to the drug store and get something.  You won’t get much sympathy if you do absolutely nothing.

4) Do exactly what the doctor tells you.

The true measure of your disability is based on how you are doing after you receive medical treatment.  Unless you went to medical school, your best bet is to do what your doctor tells you to do.  Don’t make excuses.  Do what they say and be smart.  If you can’t find money to buy fruits or vegetables but you can find money to buy cigarettes or alcohol, you are not going to get much sympathy.

5) Do what your representative tells you.

If you have hired a representative, they are your best resource for information on how to fix problems with your case.  If they tell you to do something, they are doing this for your benefit.  They are not guessing or making stuff up.  They see a problem.  Help them fix it.

It’s tough out there.  We all know it.  It’s even tougher when you can’t support yourself due to your disability.  However, don’t waste your time thinking that you are entitled to receive something.  You gotta fight for what you want because it will not be given to you without more.

Keeping you informed.  I hope this information is helpful to you.

http://www.socialsecurity.gov/pressoffice/pr/ss-expands-compassionate-allowances.html