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Category Archives for Returning to work

Working After You are Approved for Social Security Disability

I previously wrote a post about Social Security’s trial work period program but that was back in 2007 so its time for an update.

One of my YouTube viewers wrote me the following which I decided to answer here.

I was recently contacted by SSDI to verify income they have had reported to them since my onset of 2017. I am currently approved as of 2019 and receive benefits for myself and 2 minor children (auxiliary beneficiaries). All of the income for the first 18 months was from an LTD carrier so I think I can easily explain that.

Here’s my question if you have any time to add a thought. I was able to start very part-time and flexible work Dec 2019-March 2020 and then March 2021-June 2022. The amount per month never exceeded $1500/month. Which I know is over the current SSDI limit. I never enrolled in Ticket to Work and now don’t know how to explain it was very flexible, varied week to week based on appointments and that I had to pay for help to get things done to even work.

Obviously I can write all that back, but wondered your thoughts on how that process normally goes. I couldn’t find anything online about responding. Their letter seemed to give a total per calendar year and didn’t break it down monthly.

Secondarily, the amount of $1470/month is low for some jobs. That is really only 12 hours/week for me given my previous jobs. While that could be full time pay for some. The limit is not always a good indicator of how many hours an advanced desk job could be for very few hours.

I don’t want to do anything wrong and be in a situation where I’m paying back incorrect benefits, but I really only worked very part-time while still struggling with my autoimmune disease.

I love your videos and would love any thoughts/help. Thank you for always putting out such great information.

Here are my thoughts:

When you are approved for Social Security disability benefits, you become eligible for and are encouraged to attempt to go back to work. SSA has a “work incentive” program called the “Trial Work Period” or TWP. Continue reading →

Can You Apply for Social Security Disability When You are Still Working?

working while disabled

What are the rules about working while at the same time applying for Social Security disability. Some of the rules are very clear, while others not so much.

Let’s start with the “bright line” rules. Social Security defines disability in terms of how your medical or mental health issues prevent you from engaging in something called substantial gainful activity (“SGA”) because of a medical condition or conditions that have lasted or are expected to last twelve consecutive months or result in death.

As you can see SSA’s definition of disability does not focus on your diagosis – instead it focuses on how your medical problem would impact you in a work setting. I frequently get emails from potential clients asking “do I qualify for disability” due to my:

  • herniated disc
  • diabetes
  • severe depression
  • PTSD
  • congestive heart failure
  • multiple sclerosis
  • fibromyalgia

My answer is always the same. You do not win disability based on your diagnosis – you only win if the medical records proves that because of your medical issues you would not be able to engage in SGA.   To put this another way, SSA’s focus in a disability case is on your capacity for work, not your medical condition alone.

Continue reading →

New Information Available About Social Security’s Work Incentive Programs

ticket to work programSocial Security disability programs are running out of money.   As such Social Security executives are looking for ways to reduce the outflow of dollars.

One effort has been to tighten up eligibility standards.   Claimant’s representatives throughout the country are reporting that ALJ approval rates are down.   When cases are approved, judges are including directives in their decisions for SSA to review approved the approved claimant for medical improvement in one year or three years.

SSA has increased and will continue to increase the number of continuing disability reviews for approved claimants.  For years, the CDR program was basically ignored by Social Security – as a result only a very tiny percentage of approved claimants were ever removed from the payment rolls and there was no inquiry into improved medical status.   This is changing and I am starting to receive calls from my old clients asking about these continuing reviews. Continue reading →

Will Filing for Unemployment Hurt Your Social Security Disability Case?

unemployment and social security disabilityIn my Social Security disability practice I frequently see clients who have filed for unemployment at the same time they have filed for disability.  On the surface, this seems to be a contradiction – how can you be “ready, able and willing to work” while at the same time be  “unable to engage in substantial activity?”

Years ago, Social Security judges regularly asked claimants about unemployment applications at hearings, but I rarely hear these questions anymore.  I advise my clients that if a judge does ask if they have filed for unemployment, an appropriate answer would be to state that he/she would like to work and would be willing to try any type of job even though his/her medical or mental health condition is likely to create performance or attendance issues.

Further, I tell my clients that, in my opinion, one or more “unsuccessful job attempts” serves as compelling evidence that one is motivated to work but simply does not have the capacity to do so.  Interestingly it has been my experience that an unsuccessful work attempt of 3 months or less can help your case, whereas a work attempt over 3 months can create problems – take a look at my YouTube video about work attempts and trial work periods for more about this topic.

Recently, this issue of unemployment applications came up – this time in an unfavorable decision I received in a case I tried before a judge who is normally more likely than average to approve claims.  My client in this case had some significant mental health and physical medical issues but he came across as arrogant and lazy to the judge who clearly did not want to give him any benefit of the doubt. Continue reading →

Immigrant gets prison time for stealing from the SSA

This past November, Mohammad Husseini was sentenced to six months prison time and ordered to pay back the $111,000 he “stole” from the Social Security Administration. The behind bars59-year-old immigrant from Afghanistan, who became a U.S. citizen in 1978, had been fraudulently receiving Social Security Disability benefits since 1999.

In 1990, Husseini suffered a work-related injury and applied for and received Social Security disability payments, court documents said. Of course, as is always the case when one is approved for benefits, Husseini had to agree to notify the SSA if he again obtained employment at a later date. However, when Husseini got a job in 1999 working for Catholic Charities, he decided he’d take another route.

Instead of using his own Social Security number, he simply gave the charity organization his brother’s Social Security number. This way, his earnings would not be reported to the government, and he could thus continue receiving the Social Security Disability payments despite his work status. Husseini didn’t report his change of work status until April of 2006, after he had already fraudulently collected approximately $111,000 in disability payments.

When Husseini’s case was brought to court, prosecutors sought a swift and severe penalty for his fraudulent actions. The Judge overseeing the case apparently sided with the prosecutors, and Husseini was thus sentenced to jail time and ordered to pay back the money.

Let this be a lesson to anyone who is on disability and then returns to work. Always be sure to report your back to work status if you end up gaining employment while on Social Security Disability!

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