A frequent question from claimants is whether they can work and still receive Social Security Disability (“SSD”) benefits. The answer is, it depends. As long as you earn less than substantial gainful activity (“SGA”), and are unable to work full time, you can receive SSD. I represent a 55 year old former data collector whose SSD application was approved even though he is currently working.
After we arranged for the claimant’s neurologist to perform the consultative examination (“CE”), the State agency wanted more information about the claimant’s part time work. We advised the State agency that the claimant’s employer had made special work accommodations for the claimant, and was only working about 6-7 hours a week. We also confirmed that the claimant was only earning about $600 a month, well below SGA. Shortly thereafter, the SSD application was approved.
Saturday, June 16, 2018
Thursday, June 7, 2018
DDS Summarily Reversed
The DDS continues to waste taxpayer money. I represent a 54 year old former business owner with Parkinson’s disease (“PD”), who asked me a month go to appeal his application for Social Security Disability (“SSD”) that the DDS denied. Today, a special branch of the Social Security hearing office approved that application.
The claimant earned over a $100,000 a year, so commonsense tells you that he would rather continue working than receive less than a quarter of that amount in SSD benefits. Moreover, the claimant’s neurologist and psychiatrist provided reports that detailed why the claimant’s PD precludes the ability to perform the physical and mental demands of full-time work.
The hearing office approved the application only a month after receiving it, which is incredibly fast. Furthermore, the special branch immediately reviewed the application, and the case never went through the normal processing steps. In other words, the hearing office immediately recognized that the application should have been approved, and prevented the claimant from having to wait while the application made its way through the normal channels.
The claimant earned over a $100,000 a year, so commonsense tells you that he would rather continue working than receive less than a quarter of that amount in SSD benefits. Moreover, the claimant’s neurologist and psychiatrist provided reports that detailed why the claimant’s PD precludes the ability to perform the physical and mental demands of full-time work.
The hearing office approved the application only a month after receiving it, which is incredibly fast. Furthermore, the special branch immediately reviewed the application, and the case never went through the normal processing steps. In other words, the hearing office immediately recognized that the application should have been approved, and prevented the claimant from having to wait while the application made its way through the normal channels.
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