Our Michigan Social Security Disability Attorneys are asked this question all the time. Unfortunately, we know all too well that financial reasons may cause an applicant for Social Security Disability Benefits to attempt to go back to work after filing for benefits. There is no easy answer to this question, but below is a brief explanation of some of the rules on the topic.
There is a 5-step process that SSA uses for evaluating eligibility for Social Security Disability Benefits. One of those steps is a consideration of an applicant’s work history. According to the Social Security Administration, in order to be “disabled”, an individual must be unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment”. If you are engaged in substantial gainful activity (SGA) you are most likely not eligible for Social Security Disability payments.
SGA is defined by the Social Security Administration as “work that involves doing significant physical or mental activities. A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. For 2011, the monthly SGA amount is $1000.00 for non-blind individuals and $1640.00 for blind individuals.
However, there is a Social Security Ruling (SSR 84-25) that addresses whether trying to work will have an effect on the possible receipt of Social Security Disability Benefits. This ruling applies to ATTEMPTS at working, that later prove to be unsuccessful. Generally, work that a person is “forced to stop after a short time” because of a disability will be considered an unsuccessful work attempt (UWA). There must be a significant break in the claimants work history before the SSA will consider that the claimant began a work attempt that later proved unsuccessful. Earnings that are determined to be from an unsuccessful work attempt may be disregarded because they are so brief and do not constitute sustained SGA.
So….the not-so-simple answer to the above question is probably not. SSA looks at many things when deciding whether or not to approve an application for Disability Benefits. Keep in mind that all Social Security Disability applicants have an obligation to report any work activity to SSA. Therefore, if you have any questions about work you have done (or would like to try to do) and its possible effect on your application for Social Security Disability Benefits, your best bet would be to contact an experienced Social Security Disability Attorney immediately.
Will I Need to Pay Taxes on My Social Security Disability Benefits?
May 12th, 2011As a Social Security Disability claimant, learning that you have finally been awarded your benefits is very exciting. Oftentimes, it takes many months, if not years, to get the Social Security Disability benefits you deserve. After your favorable decision comes back, other questions sometimes arise. One of the most frequently asked questions of the Social Security Disability Attorneys at The Sam Bernstein Law Firm is whether they will be required to pay taxes on their disability benefits.
According to the Social Security Administration, approximately one-third of all current Social Security beneficiaries have to pay taxes on their benefits. Two key factors used to determine whether or not an individual must pay taxes on any Social Security Disability Benefits are the total amount of money earned (Social Security Disability Benefits plus any additional income) and an individual’s tax filing status.
You will most likely be required to pay taxes on your Social Security Disability Benefits if:
1. You have total income over $25,000 and file your Federal taxes as an individual, or
2. You and your spouse file a joint Federal tax return and have total income over $32,000,or
3. You are married, but file a separate return.
If any of the above situations apply to you, or if you have other questions about your potential taxes, you should be sure to consult with a tax professional and/or the Internal Revenue Service. As always, if you have any questions about filing for Social Security Disability Benefits, please contact the Social Security Disability attorneys at The Sam Bernstein Law Firm.
Your Credibility – How It Can Affect The Outcome Of Your Michigan Social Security Disability Hearing
April 6th, 2011In a Social Security Disability claim, it can take (what seems like) an eternity to be scheduled for a hearing date. After months of waiting, you finally receive your hearing notice. Now you will have your opportunity to sit in front of the Administrative Law Judge (ALJ) and explain how your disabilities prevent you from working. Since the ALJ is the person who will make the decision about whether or not you qualify for Social Security Disability benefits, you want to be sure that you are able to convey your symptoms in an honest and credible manner.
The Social Security Administration defines symptoms as “an individual’s own description of his or her physical or mental impairments.” Also, there must be medical evidence that the claimant has a condition expected to cause those symptoms. Social Security Ruling, (96-7) requires that under certain circumstances the Judge should make a finding about the credibility of an individual’s statements about pain or other symptoms, and their effect on the claimant.
Therefore, in your Social Security Disability hearing the ALJ may consider:
- The consistency of your testimony regarding your complaints and limitations
- If your complaints are supported by objective evidence in your medical record
- Whether you have a persistent history of medical treatment for your complaints.
It’s important to remember that it will not benefit you to over-exaggerate your symptoms when providing testimony. The best thing you can do for yourself is to testify honestly about your limitations and their cumulative effect on your life. The medical records contained in the Social Security Disability file of each claimant are an extremely important part of the claim. However, if a claimant is not truthful, it can negatively impact the outcome of the claim no matter how great the supporting medical evidence is.
The Social Security Disability attorneys at the Sam Bernstein Law Firm work closely with our clients to make sure they are aware of the questions that may be posed at the hearing in order to make them more comfortable, and to be sure there are no surprises. If you have been denied for Social Security Disability benefits and you have questions about your upcoming hearing, contact the Attorneys at The Sam Bernstein Law Firm for a free consultation.
When I Applied For Social Security Disability Benefits, I Provided Everything They Asked For But WAS STILL DENIED. What Else Can I Do?
March 23rd, 2011Every day, the Social Security Lawyers at the Sam Bernstein Law Firm get calls from people with this same complaint. Individuals with very serious disabilities are being denied their Social Security Disability Insurance Benefits all the time. There are many reasons that people are denied the benefits they deserve: not enough medical evidence, disability not severe enough, disability not expected to last more than a year, or just plain being “not disabled” under Social Security Administration rules, etc.
It’s important to remember that even if you are denied, you should not give up. Many claimants do go on to win their Social Security Disability Benefits.
If you have enough work credits (the Social Security Administration or your attorney will help you figure out if you do) and you have a disability that limits your ability to work, then you should be sure to follow these simple steps:
- Appeal the decision immediately or find a Social Security Disability Attorney to help you. You have a very limited time (60 days) to file your appeal.
- Continue to seek medical treatment for your disabling conditions and submit new medical evidence as it becomes available.
- Respond to ALL correspondence from the SSA regarding your Social Security Disability claim promptly. Believe it or not, many claimants fail to respond to notices and letters from SSA. Sometimes, the notice will include a time constraint regarding a response time. Failing to respond to these requests could make the difference between an approval or denial of benefits.
For help with responding to official Social Security Administration requests, filing an appeal or obtaining medical records, contact the Social Security Disability Attorneys at The Sam Bernstein Law Firm for a free consultation.
I Want To Hire A Social Security Attorney To Help With My Appeal, But I’m Broke. What Are My Options?
March 11th, 2011If you have been denied your Social Security Disability Benefits, you may feel defeated and confused about what to do next. Even if you have made a decision that you want a Michigan Social Security Lawyer to represent you in your appeal, you may be wondering how you will be able to pay for these services. After all, you are disabled and have most likely not been able to work for some time. Keep in mind that you are not alone! Most people applying for Social Security Disability Benefits are not in a position to pay an attorney fee up front, but there are options available to you.
You might be surprised to find out that some Social Security Disability Attorneys will agree to assist in your Social Security Disability Appeal, even if you have no money to pay right now. These attorneys will collect a fee based on a percentage of the amount of back pay that you are entitled to, once you are ultimately awarded your Social Security Disability Benefits. What that means to you is that unless you get your Social Security Disability benefits, YOU WON’T HAVE TO PAY ANY ATTORNEY FEE AT ALL.
As a protection for Social Security claimants, the Social Security Administration sets a limit on the fee that Social Security Disability Lawyers can collect for representing a claimant in pursuit of Social Security Disability benefits. The back pay amount depends upon several things, including the date the disability began, the monthly benefit amount you are entitled to, and the date that a favorable decision is made on your claim. This may sound complicated, but a qualified Social Security Disability Attorney should be able to explain these details to you.
If you have been denied Social Security Disability benefits, don’t delay. Contact an experienced Michigan Social Security lawyer immediately.
I’ve Been Denied! Do I Need to Hire an Attorney for my Social Security Disability Appeal?
March 7th, 2011Whether or not you hire a Michigan Social Security Disability attorney to represent you in your appeal is entirely up to you. While you can go it alone, statistics show that people who are represented by attorneys have been more successful and are awarded benefits more often than those who represent themselves.
Before you make this very important decision, take the time to consider how an attorney might benefit you. An experienced Michigan Social Security Disability Attorney will assist you by:
Communicating with the Social Security Administration- A lawyer will handle all communication with the Social Security Administration regarding your claim. This includes obtaining documents from your file, requesting information, responding to correspondence requests, all telephone communications, and all scheduling. When appropriate, a lawyer will also assist you by requesting that a prior application for benefits be reopened, seeking time limit waivers, requesting consultative examinations, etc.
Gathering Medical Evidence- A lawyer will take care of ordering and reviewing all your medical records and gathering other important evidence.
Communicating with Treating Doctors- A lawyer will contact your doctors, when appropriate, to obtain records and reports that are consistent with SSA regulations.
Understanding your Medical Background – A lawyer with experience reviewing medical records will be an invaluable resource for you in your quest for Social Security disability benefits. If you are like most people, you may find that trying to read a medical record is like trying to read a foreign language. An attorney with experience reviewing medical records will be able to explain your records to you and help you understand their relationship to your disability claim.
No Attorney Fee Unless You Are Awarded Benefits- You may think that you can’t afford to hire a lawyer to help you with your claim. The good news is that some lawyers who handle Social Security disability claims work on a contingency basis. This means that you pay the lawyer nothing unless your claim is won. Additionally, the there is a cap on the fee an attorney can charge and all fees must be approved by the SSA.
If you cannot work because of a medical condition and have been denied Social Security disability benefits, you are probably feeling discouraged and exhausted. Now is not the time to give up! Many disability claims are denied originally and then won on appeal. Once you have been denied benefits, you only have a limited time to request a hearing before an administrative law judge. If you decide to hire an attorney to represent you, the sooner you do it the better. It is very important to arrange for representation as early as possible to give your Social Security Disability attorney time to properly prepare for your hearing.
Making Sense of the Steps that the SSA Follows To Determine Eligibility For Social Security Disability Benefits
February 23rd, 2011At The Sam Bernstein Law Firm, our Michigan Social Security Disability attorneys get many calls from people considering whether to file for Social Security Disability benefits. Therefore, we wanted to offer this information in case you are wondering if you are eligible under the rules of the Social Security Administration.
If you’ve done any research on the subject, you have probably come across the “Five Step Sequential Evaluation Process”. Understanding this process may be somewhat confusing, but hopefully the following explanation will help.
1. Are You Engaged in “Substantial Gainful Activity”?
The judge will look at your earning records to see if you currently are engaged in “substantial gainful activity” (for 2010, this means ability to work and earn more than $1000 per month). If the judge finds you are engaged in substantial gainful activity, then you will be found NOT disabled and will not qualify for benefits. If you are not engaged in substantial gainful activity, the judge will move on to step 2.
2. Is Your Impairment “Severe”?
The judge makes this decision based on how the impairment affects everyday activities, like sitting, standing, walking, interacting with others, following directions, etc. If the judge decides that the limitations are not severe, or not expected to last more than a year, then he will find you are NOT disabled and do not qualify for Social Security Disability benefits. If the judge finds the limitations are severe then he will move on to step 3.
3. Does Your Impairment “Meet or Equal” a “Listing”?
The Social Security law actually contains a list of medical and psychiatric conditions and diseases along with specific symptoms, test results and lab results of each. If these symptoms/test results/lab results are documented in the medical records then the judge can find you disabled based on a “listing”. This may seem straightforward, but it isn’t necessarily. The standards set forth in the listings are very high and difficult to meet. If you DO NOT meet a listing, the judge will move on to step 4.
4. Can You Return to Your “Past Relevant Work”?
Past relevant work is the work you performed in the 15 years before you became disabled. If you ARE able to return to past relevant work then you are NOT DISABLED and will not qualify for benefits. If the judge determines that you CAN NOT return to past relevant work, he will move on to step 5.
5. Can You Perform Any Work?
If the judge determines that you are not able to return to your past significant work, he will consider what, if any, type of work you ARE capable of performing. This includes the level of exertion (sedentary, light, medium, heavy, etc.) you are capable of. The judge will look at whether there are jobs in the national economy of the type and level of exertion you are capable of performing. If it is determined that you ARE capable of performing other types of jobs then the judge will find you NOT DISABLED and you will not qualify for Social Security Disability benefits. If the judge determines that you ARE NOT capable of performing other types of jobs then you will be found DISABLED.
Keep in mind that the Social Security Administration often turns down the first Social Security Disability application filed by a person who meets all the legal requirements. If this happens to you or a loved one, do not give up. You have a legal right to appeal, if you file the necessary paperwork within 65 days of the date on the Social Security Administration’s letter telling you about its unfavorable decision.
If you or a loved one was denied Social Security Disability benefits, don’t delay. Contact an experienced Michigan Social Security lawyer immediately.
Doctor Visits – What You Can Do That May Help Your Medical Records Support Your Social Security Disability Claim
February 16th, 2011When visiting the doctor, most of us go with the idea that the doctor is going to tell us something. We go for things that are causing us problems at that time. We tell the doctor that we have a sore throat. He swabs our throat with a long Q-tip and tells us we have strep throat. He then sends us on our way with a prescription for an antibiotic. Visit over. This scenario is very common, but what most people do not know is that it also may be a missed opportunity!
For those Michigan Social Security Disability claimants who have chronic medical problems, this time can also be used to keep the physician informed of other important issues as well. For example, if you have degenerative disc disease, you can use this time to let your doctor know if your pain is getting worse, or if you can no longer stand as long as you used to. If you suffer from pain every day, you may not think to discuss it with your doctor when you go see him for a cold or other acute problem. Don’t miss this valuable opportunity to help your medical records support your chronically disabling condition as well.
In your claim for Social Security Disability benefits, medical evidence is necessary to prove your disability. The medical records from your doctor’s visits will eventually be submitted as evidence to help support your claim. If you are visiting an internal medicine physician, he may ask you about each of your body systems (Head, Eyes, Ears, Nose, Mouth/throat, Respiratory, Cardiovascular, Gastrointestinal, Endocrine, Extremeties, Skin, Musculoskeletal and Neurologic). Whatever your condition is, it will fall within one of the above categories. Don’t be afraid to tell your doctor about each one of the issues you are having, not just the one that brought you in that particular day. Use this time with your doctor to:
- Manage all your health issues, both acute and chronic,
- Get referrals to other appropriate doctors concerning your conditions,
- Get whatever type of diagnostic testing that is recommended, and hopefully,
- Increase your chances of having consistent, supportive medical evidence of your disabling conditions.
The road to obtaining Social Security Disability benefits can be a long and challenging one. There are some things that you as a claimant will have little control over in the process. When it comes to your health, and to your claim for Social Security Disability benefits, being proactive may just make a difference.
The Sam Bernstein Law Firm Increases Services for Disabled Workers Seeking Social Security Disability Benefits in Michigan
February 7th, 2011The Sam Bernstein Law Firm announced that it is expanding its Social Security Disability Legal Team, in order to help more people struggling with disabilities win benefits through the Social Security Administration (SSA).
“For over four decades, the Sam Bernstein Law Firm has fought for the legal rights of seriously injured and disabled clients,” said attorney Mark Bernstein. “In keeping with this tradition, we are increasing our capacity to help Michigan Social Security Disability claimants get the benefits they deserve.”
Currently, many people with disabilities are wrongfully denied Social Security Disability benefits because their applications are not given proper review. Due to the tremendous volume of new Social Security Disability claims every year, it can take months for an individual to get a decision on an initial application. If the claim is denied, it can take two years or more for an appeal.
Navigating the Social Security system can be complicated, particularly for those already challenged by serious disabilities.
The Social Security lawyers at the Sam Bernstein Law Firm are committed to making the appeal process less difficult for clients. They assist their clients by cutting through the red tape, as well as making sure that a client’s disabling conditions are fully documented and considered.
For each case, an experienced Social Security lawyer will gather the relevant medical evidence, carefully prepare the legal documents, and advocate on the client’s behalf during the appeal hearing conducted by an Administrative Law Judge.
Individuals seeking help with Social Security Disability claims in Michigan can get a free confidential legal consultation by calling the Sam Bernstein Law Firm at 1-888-CALL-SAM or 1-888-225-5726, or by going to the firm’s Social Security Disability website http://www.social-security-legal-help.com to submit an online legal consultation form.
Social Security Administration Speeds Up Approval of Social Security Disability Claims
November 9th, 2010The Social Security Administration has started making progress in reducing the time for review and approval of claims for Social Security Disability (SSD) benefits.
Three years ago, the average national delay between filing a Social Security Disability (SSD) claim and getting a decision was about 17 months. Meanwhile, the average delay in Michigan had risen to over 2 years. Needless to say, these waiting times were far too long for anyone applying for federal benefits, particularly those disabled from work due to serious health problems or injuries. Many citizens with pending SSD claims were left struggling to survive and had to make impossible choices between paying for food, housing, or medical care.
To rectify this tragic situation, the Social Security Administration (SSA) launched an all-out national effort to reduce the backlog. This effort included the following initiatives:
Increased Use of Computer Technology – SSA installed new computer hardware and software to enable agency personnel to review SSD claims in a more timely and accurate manner.
Online SSD Applications and Medical Provider Forms – Individuals seeking disability now can complete application forms online. SSA also is adding online forms so that a medical care provider can submit documentation of a patient’s diagnosis and treatment over the internet.
Video Conferencing for Appeal Hearings – To increase the productivity of hearing officers, SSA installed video conferencing equipment at many hearing locations. This allows administrative law judges to conduct hearings more quickly, and focus on the “oldest” cases, even if the SSD claimants live in other parts of the country.
Military Service Casualty Cases – SSA is giving top priority to SSD claims filed by wounded members of the military service and their families. To qualify for this program, the disabling condition must have begun on or after October 1, 2001, while on active duty.
Compassionate Allowances – SSA determined that certain extremely severe conditions are likely to be disabling and is expediting approval of claims filed by people with these conditions.
Additional Front-Line Staff – Using funds from the American Recovery and Reinvestment Act of 2009, SSA hired 2,000 more staff for front-line claims processing. These new employees include more personnel for administrative hearings, disability determinations, local field offices, telephone services, and other functions directly connected to serving SSD claimants.
As a result of these initiatives, the Social Security Administration already reduced the waiting time for Michigan Social Security Disability benefit recipients by 25%, to about 18 months. The head of the agency, SSA Commissioner Michael Astrue, has publicly committed to continue backlog reduction efforts and further streamline claims processing, to bring the average national review period for Social Security Disability claims down to 9 months by 2013. It is imperative that SSA continue and enhance its efforts to speed up review of SSD claims.
At the Sam Bernstein Law Firm, we understand the hardships that SSD claimants suffer. Our dedicated Social Security Disability attorneys work hard to help our Social Security Disability clients get prompt — and favorable — decisions.
If you or a loved one was disabled from work due to a serious injury or medical condition, you need to protect your legal rights by contacting an experienced Social Security Disability lawyer now.