1. Can you tell me what is a Depressive disorder!?
2. Will I lose my my ssdi due to Self Employment?

So, imagine this situation:  You’ve applied for disability benefits.  You get a bunch of forms.  You’ve spoken to a few government workers.   During the initial phase of the process, Social Security asks you a very simple question:

“When did your impairments prevent you from performing work?”

No problem.  You give them a date and then you move on.

Now, you’ve gone through the process.  It’s been months, maybe years, since you started.  However, you’re getting close to the end.  You’re finally there.   The end is in sight.  Then, suddenly, you get hit with this question:

“Would you consider amending your onset date to _____?”

Say what?  The outrage!  How dare you?  You have stressed, pressed, and gone through all of this drama and now Social Security is asking you to change the date you became disabled? Don’t they know they are cutting into your money?

Now, before you go and burn down the Social Security office, take a step back.  Most people who get offended by being asked to amend their onset date are upset because they don’t know why they are being asked to do it.

So, if you’re curious to know how to handle this situation, you should apply my W.W.E. (Why, What, and Explain) approach:

W – Why would they ask me to change my date?

1)      You are going too far back.

If your case is a Disability Insurance Benefits case, the most you can get in benefits is one year prior to the date of the application.  So if you applied on January 1, 2011 and you say you were disabled back on January 1, 1990, the most you will get is January 1, 2010.  Also, Social Security has to look at the entire period of time so it is easier to review a shorter time.

2)      You don’t have medical records that cover the period you are asking.

You bear the burden of providing that you are disabled.   Therefore, you must have medical records to prove you’re disabled.  Assume you indicated that your disability began on January 1, 2010 but you didn’t start getting medical treatment until August 1, 2010.  How will SSA know your impairments began before August 1, 2010 if you haven’t received treatment?

3)      You have earnings on your record.

The very first step of the disability benefits is to ask the question:  Are you earning substantial gainful activity (in other words, are you working?)?  With the exception of a few situations, SSA assumes you are not disabled if you’re working.

4) Your medical records provide a greater support of your case at a certain point

I know it’s easy to complain that you are have always been disabled.  However, the reality is that your medical records may show that your condition became more severe at a particular point.

W – What benefit (or detriment) does changing my date of disability have on my application?

1) Benefits

1. Makes your application easier (i.e. faster) to approve

If the onset date covers a period of time when you worked, when you didn’t have enough evidence, or went back too far, SSA has to develop your case and give you the chance to address the issues.   Sometimes, changing your date will address or eliminate those issues.

1. May help your case if you have a review from the Appeals Council

Most people don’t realize that if you get approved by a judge, the judge’s decision is subjected to review.  If there is an issue, it is very possible the Appeals Council may review the decision.   Addressing that issue in advance may keep your case from being overturned.

2) Detriment

1. You may lose money

Depending on the date, you may end up losing back pay.  As such, it’s important to know how much money you may lose.

1. You may lose eligibility to a program

Under the Disability Insurance Benefits program, the date you are disabled must be before your insurance coverage expires.  If you change your date to after that date of insurance coverage, you won’t be eligible for the Disability Insurance Benefits program.

E – Explain to me what happens if I agree to change the date!
I can’t emphasize this point enough.   Ask, ask, and ASK again what effect changing your date of disability has on your case.  The last thing you want to see is a situation where you think you know how this is going to impact you and you find out that you are wrong.

1)      Is my DLI is something I can get from (or find) the annual Soc. Sec. statement?

2)      i settled a workers comp case back in 2007, Since 2007 I haven’t worked or seen a doctor for my injury.Focused more on elderly parents care. now its 2011 and I am having neck and back pains daily along with depression.  is it too late to file for disability? Did I wait too long to apply for disability?

3)      My question involves part-time work or college (online classes only) while currently receiving DIB. If a person getting ssdi benefits has a disabling condition that limits them to possibly being able to work a sedentary type of job for a only a few hours (2 – 4hrs) a day cause their DIB benefits to cease? Would these hours count against the trial work period considering that the income wouldn’t even come close to the SGA amount?

4)      if a DIB recipient was physically unable to attend college but tried to take 1 or 2 online courses per semester would that negatively affect DIB?

5)      Do you think online classes would allow disabled individuals the freedom to work at their own pace and would allow the individual to learn new skills to try to re-enter the work force?

6)      Can a Long Term Disability Carrier charge me for more than the totall SSDI benefit I received? Is there a way to contest this and who do I contact?

7)      I’m 32 with CHF with a heart fraction of 20%.  I apply for disablility in April of this year. I just got a letter stating that I have to go to one of their doctors. My doctor gave them all the information that they asked for but the letter stated they need more medical evidence about my condition. I do have a college education. ( 2 degrees) I don’t know what to make of it. I know watching one of your videos my age will be a great problem in getting my case approve. Can you tell me why do I have to go to the examination? Why couldn’t they use my medical information? What happens after I go to examination? What kind of heart case will get approve?

8)      what if you have a bad back and are 300lbs because you are no longer active, and your doctors tell you to lose weight . and you are applying for disabilty for back injury.  before you were able to dance,play basketball/touch football  yet since hurting your back your activies are limited to walking or riding on a bike trail. yet you feel you cant work any longer. how does one exercise without worrying that ..oh you can ride a bike and take walks your not disabled?

9)      what if you have a hobby and make personal items for folks every so often and they pay you cash.  you make 20 dollars here & there will that effect your disabilty claim?
or should you stop doing it?

Please visit:  http://www.youtube.com/watch?v=mvcRlIaVXjo

1)    what if a representative payee signed you up against your own knowledge with a false diagnosis? and then throwing the recipient on the streets after they get the checks? DO they investigate the recipient or the representative payee? or both?

2)    If a Person, is trying to get Disability, cause they can’t work cause they have Diabetes, But they deal drugs, and work on cars from behind their Apartment complex is that still legal? if no…How can they be reported?

Visit me on my Facebook page, www.facebook.com/ReevesLawFirm

1. I have not seen a video about heart disease and social security. Can you please do a segment about this topic?
   1. 12 months or more?
   2. Diagnosis
   3. Medical testing or medical procedures?
   4. Medication
   5. Symptoms
   6. Limitations
2. Can you please explain the current class action lawsuit Clark v Astrue.
   1. Warrants for arrest and violation of probation
   2. Class action

http://www.youtube.com/watch?v=GxVZZisZLVo