CAN I APPLY FOR DISABILITY IF I WORK?

Here's a question we get all the time?  Can I apply for Social Security disability without quitting work?

The answer is not "Yes" or "No."  The answer is "Maybe."

If you are working at what Social Security calls "substantial gainful activity" (SGA) level, you are not eligible for disability.  SGA for 2013 is earning at least $1,040 per month, in gross earnings.  Self employment income is also considered.  Note that Social Security does NOT count retirement income, investments, or most insurance or annuity payments as earned income.

Work can be considered SGA even if you don't earn $1,040 per month.  An example would be a self-employed person who works 40 hours a week in her own business but does not produce $1,040 a month in income.  This individual is still engaged in work that is "substantial" and "gainful."

If a person earns less than $1,040 per month (in 2013) he is technically not engaged in SGA and may apply for disability benefits.  However, Social Security may take the fact that you are working, even part-time, as an indication that you can perform work related activities.  That could hurt your claim.  The decision whether to work or not work after filing a Social Security disability claim is a tough decision to make.  It's probably better not to work unless you have to.

Key Factors in a Social Security Disability Case

Here are a few key ingredients that go into a Social Security disability case.  I am referring mainly to the hearing level - but to some degree, these "ingredients" go into cases at all levels of consideration.

• Claimant's Age:  It is a little easier for claimants over age 50.  That doesn't mean younger claimants can't win; they certainly do.  But we may have to work harder.
• Education level:  The more education a claimant has, the more likely the ability to transition into "other work."  The "occupational base" will be larger.
• Residual Functional Capacity (RFC) - refers to the maximum exertional abilities the claimant can still perform even with his/her impairments.
• Relevant Past Work - refers to all the jobs the claimant has performed within the past 15 years (with some conditions applied).
• Are there transferable skills?  If the claimant has worked in very skilled occupations, she may have skills that will transfer to other types of work.
• Exertional limitations - lack of ability to lift, carry, walk, push, pull, etc.
• Postural limitations - can the claimant kneel, bend, crouch, crawl, climb, stoop, etc.?  Is her ability to sit for prolonged periods of time restricted?
• Non-exertional limitations - may also include mental restrictions, such as the ability to understand and follow instructions, make work related decisions, or respond appropriately to supervision, co-workers or others.

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THE FORSYTHE FIRM
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
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Local member:  National Organization of Social Security Claimants Representatives - www.nosscr.org

How I Prepare for a Social Security Disability Hearing

Preparing for a disability hearing is hard work but vital to the case.  The judge will likely give you about 30 minutes to make your case. Those minutes are precious and must not be wasted.

I try to get to know the claimant first.  I want to meet him/her, listen to their story, know how they are limited, what they can do and can't do.  Every case is similar, yet each case is different, too.

Next, I try to read all of the medical records.  I want to digest what the doctors have said about my client.  Then, I take a look at the vocational evidence.  What kind of work has this person performed in the past?  What skill level was involved?  How was each past job classified as far as the exertion level?

When I feel that I know the claimant and the case pretty well, I will sit down to write the legal brief.  The brief is a precise framework that walks the administrative law judge through the medical and vocational files--and leads to a logical conclusion.  A good brief will cite Social Security Listings, rulings, laws or grid rules that apply to the case.  It will give the judge several reasons to find the claimant disabled.  

Often, I don't see a way to prove disability until I write the brief.  That's when the "light dawns," so to speak.  Sometimes, I literally jump up from my computer, reach toward the ceiling and say, "That's it!  That's how we prove disability!"  It's the defining moment.  Once I see the legal logic, then I know I can make the judge see it, too.

Finally, I go over my checklist.  Did I overlook anything?  What are potential problems that may occur?  Is there a contingency plan if "this" happens or "that" happens?  If there are vocational or medical experts scheduled to testify, I want to anticipate their testimony and be prepared to answer them.  At this point I also meet again with the claimant to explain what's going to take place at the hearing.  I lay out the "road map" of the case for the claimant to see.  "Here's where we need to go and here's how we're going to get there."
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Charles W. Forsythe is a founding member of the Forsythe Firm, a Social Security disability advocacy firm in Huntsville, AL.  The firm practices solely in the field of Social Security disability and represents clients in northern Alabama and Middle Tennessee.  (We also have advocates in the Nashville and Franklin, TN. areas). There is no charge unless you win your case and are granted back pay.  Contact us at:  (256) 799-0297.  Click here to visit our web page for more information.