Wednesday, July 9, 2008

What Makes you Qualified to Receive Disability Benefits?

There's really only one way to answer this question. What makes you qualified is whether or not your case satisfies the definition of disability used by the social security administration. So, let's examine the definition a bit.

The definition used by SSA states that to be considered disabled a claimant must have a severe condition and that condition must, for at least a year or longer, eliminate the ability to work and earn a substantial and gainful income.

So, from the very beginning, this tells us that one assumption made by a fair number of applicants for disability benefits is wrong, which is the notion that to either file for disability or qualify for disability, a person cannot be working. In actuality, a person can be working when they file and can even be working when and if they are finally approved. As long as their gross monthly income is below the SGA limit for that particular year (if you're wondering what SGA is, here's a definition of substantial gainful activity).

However, working while an application is pending or while benefits are being received can pose risks. First of all, working under the limit can still trigger what is known as a work CDRC (continuing disability review). Cases, after approval, are normally reviewed every one, three, or seven years anyway. But work activity, even if it is under the gross monthly earnings limit, can nonethless trigger a medical review of a case. And this, of course, always brings with it the potential of benefits being ceased.

A second risk of engaging in work activity is the potential for being overpaid. As a disability examiner and in the area of claimant representation, I probably spoke with hundreds of individuals who had been assessed an overpayment. Some of which were very substantial and potentially financially disastrous. (for more information on overpayments: social security disability overpayment).

Finally, a third risk that tends to go in hand with engaging in work activity has to do with claims that are based on mental impairments. Claimants who are approved on the basis of a mental impairment are often approved on the assumption that they are unable to sustain certain cognitive tasks, which are often implicit in the ability to sustain employment. From my own prior experience, I know this is the definitely the view held by many disability examiners and their unit supervisors.

Back, back to the original question, what makes you qualified to receive disability benefits is satisfying the definition of disability, which is defined on this following page: Definition of disability used by social security.









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  • Social Security Disability Secrets
  • Social Security Disability Requirements
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    Eligibility for disability benefits
    How long does it take for a reconsideration for SSI?
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    SS Reconsideration
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    SSD (Social Security Disability) Reconsideration
    Qualifying for disability on the first application
    Winning your Social Security Disability
    North Carolina Disability Attorney
    Virginia Disability Attorney
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing





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