The Social Security definition of “disability” is strict, but you needn’t be totally incapacitated to qualify for Social Security Disability Insurance (SSDI) benefits.
Of course benefits aren’t payable to people who work and earn more than a certain amount. The Social Security Administration (SSA) calls this maximum “substantial gainful activity” or “SGA”.
But if a disabled person earns less than the SGA figure, he or she may qualify for SSDI benefits though working. This means he or she may work while applying, or keep receiving benefits if already qualified.
Earnings averaging over $830 monthly in 2005 are SGA. (The figure is $860 a month in 2006.)
Don’t stop reading if you earn more than this amount. Receiving a monthly paycheck of more than $830 may not mean SSA will count all your income as “earnings.”
“Countable” earnings don’t include things like:
o sick leave,
o profit sharing,
o private disability insurance benefits,
o a spouse’s earnings, or
o wages paid you that exceed the actual value of services you perform.
Extra in-kind support you receive (like ongoing help from other workers) may also reduce your countable earnings. SSA calls this extra pay and support, "subsidy."
SSA also deducts “impairment related work expenses” or "IRWE" when figuring countable earnings. IRWE includes impairment-related items and services you must have in order to work.
In short, although your paycheck may be more than $830 a month, your countable earnings may be less and not disqualify you from SSDI benefits. To learn more about the effect of income and expenses on SSDI benefits, see SSA’s 2005 Red Book.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Monday, November 21, 2005
Friday, November 18, 2005
Social Security Disability Claim Approval Rates, Initial & Appeal Levels 2004
Social Security has issued figures that show percentages of disability claims approved and denied at the initial and appeal levels in fiscal year 2004. The rates for the first three levels were:
Administrative Law Judge 62% approved, and 38% denied or dismissed
Source: SSA Office of Disability Programs, January 2005.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Initial claim decision 37% approved, and 63% denied
Reconsideration 14% approved, and 86% deniedAdministrative Law Judge 62% approved, and 38% denied or dismissed
Source: SSA Office of Disability Programs, January 2005.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Saturday, September 17, 2005
Texas Disability Lawyers/Advocates - Can You Help People with Disabilities Displaced by Hurricane Katrina?
Texas lawyers and non-lawyer advocates who will help Hurricane Katrina victims with Social Security disability matters without charge, may have their names and contact information listed on the Physician’s Disability Services, Inc. website www.disabilityfacts.com To be made part of the list, to make suggestions, or for more information, please e-mail Doug Smith at dfacts@earthlink.net
The list is for experienced disability lawyers and advocates willing to volunteer. Please include in your e-mail your State Bar of Texas membership number along with your name, address, telephone and fax numbers, and a short description of your Social Security disability training and experience. Non-lawyer advocates should submit the same information except for the State Bar number. Submitting your name for the list does not mean you will accept cases you consider without merit or more cases than you can afford.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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The list is for experienced disability lawyers and advocates willing to volunteer. Please include in your e-mail your State Bar of Texas membership number along with your name, address, telephone and fax numbers, and a short description of your Social Security disability training and experience. Non-lawyer advocates should submit the same information except for the State Bar number. Submitting your name for the list does not mean you will accept cases you consider without merit or more cases than you can afford.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Tuesday, August 09, 2005
SSDI Approval Rates Fluctuate - Seem Trending Up in 2005
Social Security Disability Insurance (SSDI) awards were 37.3 % of applications in fiscal year 2004. This compares with 41.04% in 2003.
However, things may be looking up for SSDI applicants: in the first two quarters of 2005 the percentages of awards were 39.86% and 39.67% respectively.
The figures are from the Social Security Administration. www.ssa.gov/OACT/STATS/dibStat.html
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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However, things may be looking up for SSDI applicants: in the first two quarters of 2005 the percentages of awards were 39.86% and 39.67% respectively.
The figures are from the Social Security Administration. www.ssa.gov/OACT/STATS/dibStat.html
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Friday, July 08, 2005
Social Security Form SSA-3373 BK - Function Report
Social Security Disability Forms: A downloadable version of Form SSA 3373 BK Function Report is available on the Pds web site at:http://wrresources.fatcow.com/documents/FormSSA-3373-BK04-2010.pdf
This form helps SSA understand how well or badly you function in various activities related to work. (Please forgive the wobbly printing, but this is what the form looks like when printed by an SSA computer.)
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
Downloadable copies of the following SSA forms are available on the front page (lower right) of the Pds website http://wrresources.fatcow.com/
Form SSA-3368 BK Disability Report
Form SSA-3373 BK Function Report
Form SSA-3369 BK Work History Report
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This form helps SSA understand how well or badly you function in various activities related to work. (Please forgive the wobbly printing, but this is what the form looks like when printed by an SSA computer.)
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
Downloadable copies of the following SSA forms are available on the front page (lower right) of the Pds website http://wrresources.fatcow.com/
Form SSA-3368 BK Disability Report
Form SSA-3373 BK Function Report
Form SSA-3369 BK Work History Report
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Sunday, May 15, 2005
SOCIAL SECURITY REFORM MAY AFFECT DISABILITY BENEFITS OF YOUNG WORKERS
Young Americans should join the debate over Social Security reform, and make themselves heard by legislators on the various reform proposals on the table. There is more at stake for the young than the creation - or non-creation - of private investment accounts funded by Social Security taxes.
Public debate has not yet focused on potential adverse effects to the Social Security Disability Insurance (SSDI) program of some reform proposals. The adverse effects include shrinking SSDI benefits and unmanageable increases in the number of people applying for SSDI benefits. These risks are discussed in the U.S. General Accountability Office (GAO) report described below.
Young workers have a stake in the health of the SSDI program. A twenty year old worker has a 3 in 10 (30%) chance of becoming disabled before reaching retirement age. Disability Benefits SSA Publication No. 05-10029, January 2005, www.ssa.gov/pubs/10029.html.
Young workers desiring to acquaint themselves quickly with the major Social Security reform proposals can benefit from reading the brief new GAO report, Options for Social Security Reform, May 6, 2005, GAO-05-649R. Text:www.gao.gov/htext/d05649r.html or
Adobe Acrobat®: www.gao.gov/new.items/d05649r.pdf
Young workers should join in the debate now, and ignore any temptation to stand aside and let others settle the questions about Social Security. The now-young workers who become disabled before reaching retirement age may have to live a long time with any mistakes that today’s reformers make.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Public debate has not yet focused on potential adverse effects to the Social Security Disability Insurance (SSDI) program of some reform proposals. The adverse effects include shrinking SSDI benefits and unmanageable increases in the number of people applying for SSDI benefits. These risks are discussed in the U.S. General Accountability Office (GAO) report described below.
Young workers have a stake in the health of the SSDI program. A twenty year old worker has a 3 in 10 (30%) chance of becoming disabled before reaching retirement age. Disability Benefits SSA Publication No. 05-10029, January 2005, www.ssa.gov/pubs/10029.html.
Young workers desiring to acquaint themselves quickly with the major Social Security reform proposals can benefit from reading the brief new GAO report, Options for Social Security Reform, May 6, 2005, GAO-05-649R. Text:www.gao.gov/htext/d05649r.html or
Adobe Acrobat®: www.gao.gov/new.items/d05649r.pdf
Young workers should join in the debate now, and ignore any temptation to stand aside and let others settle the questions about Social Security. The now-young workers who become disabled before reaching retirement age may have to live a long time with any mistakes that today’s reformers make.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Sunday, March 13, 2005
Can I examine my own Social Security disability claim folder?
Disability claimants sometimes report that a Social Security representative refuses to let them look through their personal claim folder. These claimants ask, does SSA have the right to keep me from seeing this information? Generally not. Generally, you have the right to examine your own folder.
Section GN 03360.030 of the SSA Program Operations Manual System (POMS) says,
“An individual's request for his/her record, or authorization by that person to release the record to a third party must be honored regardless of the workload imposed on the component that receives the request.”
Section GN 03301.005 says:
“Generally, SSA must honor an individual's request to see the information contained about himself/herself in SSA's records.”
Section GN 03340.035 says this right of access applies to medical records, as well as other records, except where allowing the individual un-counseled access to medical records is thought likely to have an adverse effect on him or her.
If SSA refuses a person direct access to his or her medical records, GN 03340.035C(3) authorizes release of the records to a responsible person appointed by the claimant who is capable of explaining the records to the claimant.
So, if an SSA representative refuses to show you your records, you can bring these POMS sections to his or her attention. Or to the attention of the office manager.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Section GN 03360.030 of the SSA Program Operations Manual System (POMS) says,
“An individual's request for his/her record, or authorization by that person to release the record to a third party must be honored regardless of the workload imposed on the component that receives the request.”
Section GN 03301.005 says:
“Generally, SSA must honor an individual's request to see the information contained about himself/herself in SSA's records.”
Section GN 03340.035 says this right of access applies to medical records, as well as other records, except where allowing the individual un-counseled access to medical records is thought likely to have an adverse effect on him or her.
If SSA refuses a person direct access to his or her medical records, GN 03340.035C(3) authorizes release of the records to a responsible person appointed by the claimant who is capable of explaining the records to the claimant.
So, if an SSA representative refuses to show you your records, you can bring these POMS sections to his or her attention. Or to the attention of the office manager.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Friday, February 18, 2005
Be sure to furnish SSA details on physical and mental demands of past jobs
Disability examiners have the option of not asking claimants for details of their past work under a Social Security Administration (SSA) policy dated June 2004 [1] SSA is permitting this practice even though the agency’s regulations explain the potential need for job history going back fifteen years.
When examiners exercise their option to dispense with details of work history, it can have serious consequences for claimants who need and deserve benefits.
When examiners forgo asking claimants to complete the SSA work history questionnaire, it deprives the claimants of an opportunity to demonstrate that their past work is now too hard for them.
Is it wise for claimants to leave it up to disability examiners to decide whether this important evidence is in their claim folders?
Incapacity for past relevant work (PRW) is something claimants must prove to win benefits, except in cases where medical findings are unusually severe. [2] SSA reaffirmed the necessity for this proof in Social Security Ruling (SSR) 05–1c published February 15, 2005.
Unless claimants have the foresight to furnish work history without being asked, they often may fail to win the cash and healthcare benefits they paid for with their FICA withholding.
To avoid this potentially fatal gap in proof, claimants can do one of two things. They can either fill out and submit to SSA a Work History Report on Form SSA-3369, or can furnish SSA a completed set of Disability Workbook worksheets. Following either procedure assures that SSA has the evidence with which to compare their current limitations with the physical and mental demands of their past jobs, and to make a sound decision on their capacity to do past work.
The Form SSA-3369 is available free on the Internet at: http://www.ssa.gov/online/ssa-3369.pdf
The Worksheets are available as part of the Pds Disability Workbook for Social Security Applicants and separately as a downloadable e-book on: www.disabilityfacts.com.
[1] For example, SSA Program Operations Manual System (POMS), Section DI 20501.035.
[2] Code of Federal Regulations (CFR), Title 20, Section 1565.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
When examiners exercise their option to dispense with details of work history, it can have serious consequences for claimants who need and deserve benefits.
When examiners forgo asking claimants to complete the SSA work history questionnaire, it deprives the claimants of an opportunity to demonstrate that their past work is now too hard for them.
Is it wise for claimants to leave it up to disability examiners to decide whether this important evidence is in their claim folders?
Incapacity for past relevant work (PRW) is something claimants must prove to win benefits, except in cases where medical findings are unusually severe. [2] SSA reaffirmed the necessity for this proof in Social Security Ruling (SSR) 05–1c published February 15, 2005.
Unless claimants have the foresight to furnish work history without being asked, they often may fail to win the cash and healthcare benefits they paid for with their FICA withholding.
To avoid this potentially fatal gap in proof, claimants can do one of two things. They can either fill out and submit to SSA a Work History Report on Form SSA-3369, or can furnish SSA a completed set of Disability Workbook worksheets. Following either procedure assures that SSA has the evidence with which to compare their current limitations with the physical and mental demands of their past jobs, and to make a sound decision on their capacity to do past work.
The Form SSA-3369 is available free on the Internet at: http://www.ssa.gov/online/ssa-3369.pdf
The Worksheets are available as part of the Pds Disability Workbook for Social Security Applicants and separately as a downloadable e-book on: www.disabilityfacts.com.
[1] For example, SSA Program Operations Manual System (POMS), Section DI 20501.035.
[2] Code of Federal Regulations (CFR), Title 20, Section 1565.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
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Monday, February 14, 2005
Social Security will send its exam reports to your doctor
Many who apply for Social Security disability benefits are examined by Social Security doctors. Often these applicants would like copies of the government medical examination reports to be sent to their personal doctors. Social Security Administration (SSA) policies permit this.
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
The disability determination services (DDS) appointment notice that you receive when the government schedules exams will normally explain that a copy of the report will be sent to the treating doctor if you (the applicant) request it.
If the claim was decided a long time ago, the request may be made to the Social Security office where the claim was filed.
We have listed below some SSA Program Operations Manual System (POMS) sections that describe the policy, and short extracts from pertinent text.
DI 22510.016 . . . After the examination or test is completed, we will be glad to send a copy of the report to your treating source if you give your permission.
DI 22510.020 . . . With the claimant's permission, or where the examination discloses new diagnostic information or test results which reveal potentially life-threatening situations, refer the CE report to the claimant's treating source. Notify the claimant if the CE report is referred to the treating source without the claimant's permission.
DI 22510.065 . . . With or without the claimant's permission, when the CE discloses new diagnostic information or test results that reveal potentially life-threatening situations, send a copy of the CE report to the claimant's treating source.
DI 30510.055 . . . The DDS should institute procedures which provide for prompt identification and referral of consultative examination reports to attending physicians where the examination turns up diagnostic information or test results which would be of significance in the claimant's or beneficiary's treatment. Referral to the claimant's treating source is particularly important where the information reveals a previously undiagnosed condition that may require immediate treatment.
The full text of the first three references may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04225
The full text of the fourth reference may be found at:
http://policy.ssa.gov/poms.nsf/subchapterlist!openview&restricttocategory=04305
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
Monday, January 10, 2005
You also can find the Work History Report Form SSA 3369 BK
Social Security Disability Forms: A downloadable version of Form SSA 3369 BK Work History Report is available at: www.ssa.gov/online/ssa-3369.pdf
This form helps SSA understand the most demanding physical and mental tasks of your past jobs, and helps them make an informed judgment on whether you could do any of the jobs now.
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
This form helps SSA understand the most demanding physical and mental tasks of your past jobs, and helps them make an informed judgment on whether you could do any of the jobs now.
Sometimes SSA may not ask for this form right away, but it is handy to have a draft roughed out.
To follow developments in Social Security disability, visit: www.disabilityfacts.com
CLICK BELOW TO ADD COMMENTS TO THIS BLOG
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