Working and Social Security Disability: Oil & Water that Do Not Mix

Receiving social security disability benefits and working at the same time is a very bad idea. Yet I get a call almost daily from someone who has filed for social security disability, and is working part-time, and was advised at their Social Security office that this was "OK". They often say something like "I was told told I could make up to "$980 a month, and it won't count against me".

Well, as my fellow Texan H. Ross Perot said when he was running for President, "the devil is in the details". Here are those details.

The Social Security Administration follows a 5-step sequential evaluation process. The first question to be asked is whether the claimant is "working". If the answer is "Yes", the claim is automatically denied. If it is "No", the analysis moves to the next step in the 5-step process. "Working" is a defined as "Substantial Gainful Activity" (SGA) . SGA generally has to earn you in 2009 at least $980 a month. So, when social security tells people that they "can" earn up to $980, all they really mean is that the governmental cannot deny your disability claim at step 1 of the 5-step evaluation process. In other words, they cannot deny your claim by finding that you are working.

The problem with part-time work and taking a social security disability claim before an Administrative Law Judge is that the judge can't help but wonder about the work, especially if you have been working right at the $980 a month figure. It looks like you are gaming the system. The judge cannot help but wonder if you purposely keep your work part-time.

Bottom Line: If you work after you have filed a social security disability claim, do so to see if you can work full-time. Starting part-time is fine, but move quickly to full-time to test your ability. If you can't do it, stop working. Do not work as a means of supplementing what you get from social security disability.

Vocational Rehabilitation: A good idea?

Texas social security disability applicants should strongly consider going to the Department of Assistive & Rehabilitative Services to inquire about vocational rehabilitative services. They can be found at http://www.dars.state.tx.us.

Can I fire my Social Security Disability Lawyer?

Of course you can. Take a look at the contract that you signed. No one is required to stay hitched to any attorney they are not happy with. "Should" you fire your social security disability attorney is another matter. First off, the attorney technically has the right to ask for a Fee even if you have parted ways at the time your claim is approved. As a practical matter few attorneys do so.

I probably field 2 or 3 calls a day from folks wanting to fire their attorney and hire me. I urge folks to take a careful look at why they are unhappy with their lawyer. Typically people are frustrated with the delays, and feel the attorney "is not doing anything". Other times claimants are unhappy with calls not being returned. I always tell people to give the attorney a chance to respond to their concerns. An attorney can do little to speed up the process. Many times the attorney has done all that can be done, or they have a specific timeframe in which they prepare a case.

I often find that the understandable frustration folks have with the social security administration gets transferred to their attorney. Don't assume your attorney is part of the bureacracy; he or she went into this practice to help people. Give them the benefit of the doubt!

Top Five Bad Answers to Question: WHY CAN'T YOU WORK?

In no particular order of "badness", here are the top five"case killing" responses to the Administrative Law Judge Question: "Why can't you work?"

1. "I can't find a job. No one will hire me with my

medical background"

The ALJ wants to know why you think you can't work. Implicit in this answer is a belief by the claimant that she can work, and that the problem is not being able to get a job. Social Security Disability benefits are intended to protect workers who cannot work due to a mental or physical condition. There are not intended to address the difficulites of finding a job.

2. "My long-term disability insurance company told me to file for social security disability"

This can be an easy mistake to make. Again, the ALJ wantsto know why you think you cannot work. Most long-term disability carriers require those that are on claim for long-term disability benefits to file for social security disability, because the insurance company can reduce the monthly benefit they pay in the amount of the social security disability benefit. So it is true that most LTD recepients may file at the suggestion of their insurance company. But this answer makes you look like the insurance company is leading you around by the nose, motivated not by a belief that you are in fact disabled but rather simply going along with the insurance company.

3. "My unemployment insurance ran out"

This is a real case killer, because it makes you look like you are just working the system.

4. "I don't have a car/way to get to work"

Social security disability benefit eligibility has nothing to do with whether you have reliable transportation, or even if your impairment keeps you from driving. Now, if you have an impairment that means you can't drive you have to talk about how that impairment would keep you from working once you are at the job. How you get there is irrelevant.

5. "They eliminated my job/they outsourced it to Mexico," etc.
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Unfortunately, the issue is not whether you job is available. The issue is whether you could perform the job, whether it is in fact in existence. A little strange, I know, but....