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.

Discussion of the Clark v. Astrue Relief Order

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.

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1. I am an adult on SSI but how do I get back pay as an adult for a disability I had since I was a child?
I have ssi I have an underdeveloped brain stem since I was a baby and my mom was trying to get my back pay and they denied her my back pay she was trying to get my back pay from when I was a baby but denied she did not have lawyer on it and we don’t have alot of money so yea do you know anything that we can do to get that through and get my back pay?

2. I am disability benefits but I stopped taking my medications. Will that be bad for me when they do a review?
I am on SSI for schizoaffective disorder (since I started getting it 5 years ago I was diagnosed with schizophrenia). They haven’t done a review yet and I was on medications and going to doctors for 14 years. I went off of them about 6 months ago because I couldn’t handle the side effects and also stopped going to doctors because I am afraid to. Will that be bad for me when they do a review? My fears of going to doctors are because of schizophrenia but can they use that against me anyway?

3. If i get disability retirement money from the army that’s service connected does that fall into the same category as service connect benefits from the VA?

5. Should I file taxes if I haven’t filed taxes if I am receiving SSA benefits?
Hi, dear poster I guess reeves u said. I’m already disabled have been for years now physically mentally 27yrs old multiple forms of severe arthritis fibromyalgia hence my username lol. But Maybe u can answer my question in a comment. I haven’t filed taxes since I got disability since my income is only $600monthly but I’m spending it all on medical that Medicaid just approved after5+yrs should I file for a tax return now?

6. How does Workers Compensation affect the Social Security I am currently receiving?
Excellent, I settle my social security after 10 years and now I am about to settle my workers compensation case. My lawyer indicated that I have to set aside $25,000 for medical for the Social Security. Workers Compensation says one get only $58 a week for permanent disability rated at 70%. Do they go by ones wages for the workers compensation as well and if I was making $71,000 how do they factor that in.