Legalese Defined: Social Security Disability– Substantial Gainful Activity
To be eligible for disability benefits a person must be unable to engage in substantial gainful activity. In Social Security Disability cases substantial gainful activity means that you are working and earning more than a certain amount of money, which is set by law and changes each year. If the Social Security Administration finds that… Read More
Can I work while I am on Social Security Disability?
Yes, if you are receiving Social Security Disability benefits but are able to return to work at some point you need to notify the Social Security Administration of your return. Social Security will allow you to try and return to work for 9 months and you can still receive your Social Security Disability benefit. This… Read More
Are legal settlements and awards taxable?
Are legal settlements and awards taxable? Do I have to pay taxes on personal injury awards, workers compensation benefits or social security disability benefits? This is a question we get all the time. The answer depends on the kind of case you have. Is my personal injury award taxable? The short answer is no. If… Read More
The Reality of Applying for Social Security Disability
Many of you may have seen the 60 Minutes piece on social security disability from October. In that story, Senator Tom Coburn discussed the findings of a two-year case study conducted by his office that uncovered a conspiracy between a West Virginia Attorney, Administrative Law Judge and some local doctors to push through social security… Read More
Legalese Defined: Social Security Disability– Date Last Insured
In social security disability cases, your “date last insured” is the date you were last eligible for social security disability benefits. Generally, In order to be eligible for social security disability you must have worked 5 of the last 10 years. Put another way, that means that over the course of the last ten years,… Read More
Legalese Defined: Social Security Disability– Onset Date
In social security disability cases, your onset date is the date your disability began. Your onset date is important to your claim for social security disability benefits because it helps determine whether or not your claim is approved and how much back-pay you may be entitled to. Because you must be disabled for at least… Read More
Can I win my Social Security disability case If my doctor says I’m disabled?
“My doctor has graded me at 75% (or 85%/90%/100%) disability and/or has taken me out of work. Doesn’t that mean I will win my social security disability case?” Not necessarily! Social Security’s regulations provide that the Commissioner of Social Security is left with the ultimate decision of whether or not you are disabled. What that… Read More
Can I work while my Social Security Disability (SSD) application is pending?
I have no source of income during my application for Social Security Disability (SSD) benefits, and now I’m waiting to hear back from them. How will going back to work affect my case? This is a common question from our Social Security disability (SSD) clients. The short answer is that a return to work may… Read More
What is the Difference Between SSD and SSI?
The Social Security Administration offers two different programs for individuals who are unable to work because of a physical or mental condition: social security disability (SSD) and supplemental security income (SSI). The key difference is that SSD relies on what you “pay into” the system from your previous employment, while SSI does not. Instead, SSI relies upon… Read More
Fibromyalgia May Qualify You For Social Security Disability
In a recent decision by the U.S. District Court, Western District of New York, the court expressly held that fibromyalgia is a “disabling impairment” recognized by a growing number of courts, even though there is “no objective test which can conclusively confirm the disease.” Sublette v. Astrue, 2012 WL 1252631 (WDNY 2012), citing Green-Younger v.… Read More