Applying for disability while "working"

November 14, 2018 4:45 AM

I am currently applying for disability due to intractable, years-long depression which has more or less cost me my previous two jobs. I am currently employed for one hour per week, most likely due to perceived incompetence; makes sense to me, since I am seemingly unable to keep myself together for more than a few months at a time before falling apart and descending into a spiral of self-loathing. I do not want to quit the job since at least it is padding my resume while I adjust my meds and try to figure things out. How do I navigate the questions related to my job on the disability application?

Foreword: I am seeing a therapist and psychiatrist and have been for over a decade, my diagnoses being anxiety, major depression, ADHD and bipolar. I will say that the depression aspect in particular has gotten much worse since Trump got elected; it may in fact have been the catalyst. My therapist has offered to write a note encouraging that they accept my disability application. I have a sibling who is on disability as well. Finally, I am on Medicaid at the moment, and work from home through a contractor.

So yeah... I've basically been Milton'ed (a la Office Space) at my current employer; I am honestly confused as to why I haven't been officially fired yet. It is a reputable employer that has to do with what I majored in in college, so I want to stay hired so long as they will have me, even if it is only for one hour a week - at the very least it pads my resume, so that when I finally get better I don't have a gap in work experience and can shoot for another job in my field.

I am currently "not all there" so I am doubtful as to whether or not I would fare better with another employer at the moment - the reason I am currently on the outs with this one is because there have been too many days where I have simply been unable to work due to depression and had to call off. And when I was working, I was so slow and unfocused as to be more of a hindrance than a help.

As for my question - there are sections on the application related to my job, such as:

1. "Have you worked in 2017, are you working now, and will you work in 2019?" (My answer is "yes" to all of these, all with the same employer... it has been one to five hours a week for a while now though, average being close to one or two.)

2. They want my employer's contact info. This is the part that scares me the most - I do not want my employer to find out that I am applying for disability, and I am extremely paranoid that they will do so. I feel like I would be able to explain the details of my application situation better and with more nuance in person than I can through the internet application, as I am not seeing a section to put in specific details.

How should I proceed? I am worried that the government will say "hey, this person's working! They can't be disabled!" when I most certainly currently am.

Are they allowed to get in touch with my current employer, and if so, what will they ask them, and will they find out that I am seeking disability? Could my employer potentially do something to me if they learn of this? I would very much like to not lose my job, despite the lack of hours, since the simple fact that my resume is being taken care of is at the least helping a lot with the anxiety.

Finally, I would have no problem proving how many hours I am working and my current income since - again - I am on Medicaid.

Thank you so much in advance.

posted by anonymous to Law & Government (5 answers total)

Hi, disability lawyer here. I don't represent you and this isn't legal advice, just some thoughts from someone who's dealt with this system. I used to do SSI/SSDI cases. Tell them you're working but explain the situation and that it's below the SGA level - below the level of Substantial Gainful Activity. Provide them with the materials showing how little you work and your current income, and explain that it's because of your disability.

The Social Security Administration is unlikely to have the time to call your current employer. They're understaffed. Generally they send out records requests and don't worry too hard if things don't come in.

Your employer has already vastly reduced your hours because of your disability. Could they cut you off if they find out you filed? Sure. Are they likely to? Probably not, if they've worked with you this far - they know you have serious health issues and haven't fired you yet.

As an aside, to me the one hour a week job sounds like a lifeline, like they want to keep you but know that you're not capable of much right now, and they're hoping you'll get better and be like "hey I'm doing better, can we try a few more hours?" until you're back at full speed.
posted by bile and syntax at 5:28 AM on November 14, 2018 [18 favorites]

If you do decide to get help from an attorney, check out NOSSCR, the National Organization of Social Security Claims Representatives, for someone in your area.
posted by bile and syntax at 7:46 AM on November 14, 2018 [1 favorite]

By the way, there are many attorneys who take disability claims on contingency, meaning they don't get paid unless you get an award (usually the disability is found to have existed for some time prior to the award, so there's a sum of "back pay" to draw on). There's even a statutory cap on what they can charge. So if you're worried about not having the cash up front to hire an attorney, be aware that this option exists.
posted by praemunire at 1:08 PM on November 14, 2018

Yes, see a lawyer. Currently they receive money from back owed payments, it caps at $6,000 or 25% of your payments - whichever is LESSER. They should only charge if they incur any expenses (for example paying for medical records or something.) If they lose your case, they receive nothing. My lawyer has a one page contract with this information and was upfront about it all. Do a search for social security lawyer and check review and do some consults. Though they may want you to apply and get a denial before they will set up further consultations.

The system is application -> review -> request for hearing. You will also likely receive a paper form asking you to fill out your work history and what you did in that work history and illness information. This is a great place for noting your reduced work. Most of the time you'll end up requesting a hearing after the first two applications. I'm 6 months into the process and am now applying for my hearing with my lawyer after my second denial. It varies by location but it will be about a year until I get into a courtroom.

You can also call Social Security and ask these questions. You probably want to call your local office. But for the most part, most government agencies are pretty friendly and can answer your question as to what info they would want from your employer. That will answer your questions the fastest though again most things will head to a hearing anyway where you'll submit more evidence and work history.
posted by Crystalinne at 2:59 PM on November 14, 2018

I'm fourthing the recommendation to work with a specialist attorney on contingency. Something like 70% of claims are denied on the first round, and it's normal to have to appeal. It's also a very, very long process with a significant gap before you get your first payment when you eventually get approved. I imagine you might benefit from someone to go through the process with you.
posted by DarlingBri at 3:50 PM on November 14, 2018