Returning to work prior to SSDI hearing
January 27, 2019 7:12 AM Subscribe
I was on disability for 2 years (through a privately funded company) due to mental illness, have received ongoing treatment since then and would like to return to work. My disability benefits were managed by a third party who told me I had to apply for SSDI, which I did. My hearing is scheduled for March. I have just begun working with an organization that helps disabled adults find employment. Will starting a job prior to my hearing effect my eligibility for SSDI? I don't want to sabotage that if my illness takes a turn for the worse.
Response by poster: Thank you DarlingBri. My understanding is that if I'm granted SSDI, I can return to work on a trial basis without losing my benefits. If I return to work prior to my eligibility hearing, might that work against me as far as the decision from the Administrative Law Judge is concerned?
posted by htm at 7:39 AM on January 27, 2019
posted by htm at 7:39 AM on January 27, 2019
Talk to a lawyer.
Seriously.
Benefits cases take years and if work will interfere you don't want you start it. The income you lose vs the income you gain is a huge huge risk.
I'd say no based on that your trial is so soon. My social work perspective and what I've seen in practice is denials denials and more denials for all sorts of reasons. In my experience if you are over the gainful activity threshold limit prior to the trial your disability will not be granted and you will not have protections. Sometimes even managing to do a couple hours a week of something can be used against you even if it's not near the threshold .
But I am not a lawyer, and I am not familiar with your case. I would discuss this with someone very very knowledgable before earning any income.
posted by AlexiaSky at 7:53 AM on January 27, 2019 [9 favorites]
Seriously.
Benefits cases take years and if work will interfere you don't want you start it. The income you lose vs the income you gain is a huge huge risk.
I'd say no based on that your trial is so soon. My social work perspective and what I've seen in practice is denials denials and more denials for all sorts of reasons. In my experience if you are over the gainful activity threshold limit prior to the trial your disability will not be granted and you will not have protections. Sometimes even managing to do a couple hours a week of something can be used against you even if it's not near the threshold .
But I am not a lawyer, and I am not familiar with your case. I would discuss this with someone very very knowledgable before earning any income.
posted by AlexiaSky at 7:53 AM on January 27, 2019 [9 favorites]
The answer to your question depends on so many variables. As DarlingBri mentioned, SSDI has provisions that allow a person earning less than a certain gross amount to continue to receive a full disability benefit. That's because they consider earnings less than that amount to not represent substantial gainful activity (SGA). So if you, on the new job, are grossing less than that, the judge on your case will not consider you to be working (although, depending on your duties and hours spent performing them, the judge could take the work activity as an indication of your ability to do more than you are choosing to do). Benefits can be awarded despite that work activity.
In my opinion, the best thing is for you to continue to do what you are doing and tell the judge all about it when you have your hearing. The SSA loves it when people return to work, since it doesn't happen that often, and this will demonstrate your willingness to do that. Also, you are correct, there is a 9-month trial work period during which you can continue to receive your full SSDI as well as your earnings. If you complete that, then your benefits will stop, but you will still be able to become re-entitled to benefits if your earnings fall below the SGA amounts for a period of 36 months.
Take a look at the "social security red book" to get a better understanding of how this all works. What I've mentioned above leaves out many of the details.
The other thing I'd mention is that you are likely in a position to hire an attorney with little or no cost to you. This is because long-term disability contracts typically call for you to repay the disability company (up to the amount of the SSDI benefit) if you are awarded SSDI benefits for any months during which you were already paid LTD benefits. Also, typically, the amount you must repay doesn't included the amount you paid an attorney to help you obtain the SSDI. Sitting down with someone who has a good understanding of the ins and outs of this would be invaluable.
posted by bullatony at 8:02 AM on January 27, 2019 [1 favorite]
In my opinion, the best thing is for you to continue to do what you are doing and tell the judge all about it when you have your hearing. The SSA loves it when people return to work, since it doesn't happen that often, and this will demonstrate your willingness to do that. Also, you are correct, there is a 9-month trial work period during which you can continue to receive your full SSDI as well as your earnings. If you complete that, then your benefits will stop, but you will still be able to become re-entitled to benefits if your earnings fall below the SGA amounts for a period of 36 months.
Take a look at the "social security red book" to get a better understanding of how this all works. What I've mentioned above leaves out many of the details.
The other thing I'd mention is that you are likely in a position to hire an attorney with little or no cost to you. This is because long-term disability contracts typically call for you to repay the disability company (up to the amount of the SSDI benefit) if you are awarded SSDI benefits for any months during which you were already paid LTD benefits. Also, typically, the amount you must repay doesn't included the amount you paid an attorney to help you obtain the SSDI. Sitting down with someone who has a good understanding of the ins and outs of this would be invaluable.
posted by bullatony at 8:02 AM on January 27, 2019 [1 favorite]
The National Organization of Social Security Claimants' Representatives (NOSSCR) offers a lawyer referral service online and at 1-800-431-2804.
posted by Little Dawn at 8:28 AM on January 27, 2019 [2 favorites]
posted by Little Dawn at 8:28 AM on January 27, 2019 [2 favorites]
Response by poster: Thanks much, AlexiaSky and bullatony! As I mentioned earlier, I received disability from a privately funded company I paid into from my last employer. They hired a third party to manage my case. That company has discouraged me from returning to work before my hearing but I'm concerned about their motives as I'm sure the company that hired them wants to be reimbursed for their payout. According to Allsup, a representative will contact me prior to the court date to help me prepare for it. I will confirm all of this with them again on Monday. Last night, I filled out an online request form to have someone from the law firm of "Pond Lehecky Stern Giordano Disability" call me to discuss my case; I am unfamiliar with them. What I love about the feedback from Metafilter is that there are no hidden agendas and its members have never failed to give me great advise.
posted by htm at 8:43 AM on January 27, 2019
posted by htm at 8:43 AM on January 27, 2019
Definitely speak to a lawyer or other professional advocate with experience before accepting something or pursuing this. It’s not just the money, it’s also the duties and your abilities. Part of what they try to determine at the hearing is whether you could be working, and if they determine you could, you may not get benefits.
My other piece of advice is don’t listen to anyone, including me, who isn’t an expert. My only experience is what a friend just went through for a different disability. They were denied and had to go through the protracted appeal process even though they’re legally blind, in their 60s, and their only job experiences were sight-related.
posted by kapers at 8:45 AM on January 27, 2019 [2 favorites]
My other piece of advice is don’t listen to anyone, including me, who isn’t an expert. My only experience is what a friend just went through for a different disability. They were denied and had to go through the protracted appeal process even though they’re legally blind, in their 60s, and their only job experiences were sight-related.
posted by kapers at 8:45 AM on January 27, 2019 [2 favorites]
Response by poster: Thank you, Little Dawn. I just saw your post. I will give them a call!
posted by htm at 8:45 AM on January 27, 2019 [1 favorite]
posted by htm at 8:45 AM on January 27, 2019 [1 favorite]
Additional information about lawyers and finding lawyers, including free or low-cost legal assistance, is available at the MeFi Wiki Get a Lawyer page. It's possible that a local legal aid organization can at least offer you some advice, and they may be able to help with a local referral to an attorney or representative who can provide assistance.
Also, congratulations and best wishes on your return to work - my understanding is that SSDI encourages this, so I hope you are able to find legal assistance soon that can provide reassurance and helpful guidance on navigating this stage of the process.
posted by Little Dawn at 8:54 AM on January 27, 2019
Also, congratulations and best wishes on your return to work - my understanding is that SSDI encourages this, so I hope you are able to find legal assistance soon that can provide reassurance and helpful guidance on navigating this stage of the process.
posted by Little Dawn at 8:54 AM on January 27, 2019
Hi, I'm an attorney and spent the first eight years of my career doing SSI/SSDI cases. I am not your lawyer and this is not legal advice, just friendly internet stranger chat.
Get yourself a lawyer from the National Organization of Social Security Claims Representatives. Do whatever your lawyer tells you to do.
My personal experience is that sometimes something like this is a great idea and sometimes it's a terrible one. What you're looking at doing is called a trial work period, where you're seeing if you can go back to work. Factors include how much you are making, how many hours of work you're doing in a week, what kinds of supports you're getting, what's involved. If you were previously making way more money, that's also something the judge will look at - the system is set up in a classist way where people who file for disability after having a higher income get taken more seriously than people who've always been working poor - the theory is that someone who could make more money isn't going to give that up easily.
In the larger picture, it's not at all a bad idea to wait until after the hearing because doing something like this complicates the larger picture and you want things as straightforward and obvious as you can.
Very seriously, check NOSSCR and get a local attorney and then do whatever your attorney says. Do NOT go with Binder & Binder, they're terrible.
You can memail me if you want.
posted by bile and syntax at 9:39 AM on January 27, 2019 [6 favorites]
Get yourself a lawyer from the National Organization of Social Security Claims Representatives. Do whatever your lawyer tells you to do.
My personal experience is that sometimes something like this is a great idea and sometimes it's a terrible one. What you're looking at doing is called a trial work period, where you're seeing if you can go back to work. Factors include how much you are making, how many hours of work you're doing in a week, what kinds of supports you're getting, what's involved. If you were previously making way more money, that's also something the judge will look at - the system is set up in a classist way where people who file for disability after having a higher income get taken more seriously than people who've always been working poor - the theory is that someone who could make more money isn't going to give that up easily.
In the larger picture, it's not at all a bad idea to wait until after the hearing because doing something like this complicates the larger picture and you want things as straightforward and obvious as you can.
Very seriously, check NOSSCR and get a local attorney and then do whatever your attorney says. Do NOT go with Binder & Binder, they're terrible.
You can memail me if you want.
posted by bile and syntax at 9:39 AM on January 27, 2019 [6 favorites]
Response by poster: Thanks much, Little Dawn and bile and syntax! I'm taken aback by all of the wonderful feedback I have received on this site in such a short period of time. Thank you ALL. Bile and syntax, I have contacted the NOSSCR, I will contact the attorney they referred me to (which is an automated online process) and I will send you an memail!
posted by htm at 11:50 AM on January 27, 2019 [2 favorites]
posted by htm at 11:50 AM on January 27, 2019 [2 favorites]
Response by poster: I just wanted to give you an update. The attorney I contacted did not have not enough time to prepare for the hearing and said there was a 50/50 chance that the judge would grant a postponement. Not wanting to take that chance, and in order to avoid having no representation, I decided to go with the non-attorney legal representative the 3rd party (who I mentioned in prior posts) assigned to me. The hearing was at the beginning of March. I just received notification of a "fully favorable decision". I am so relieved! I do not have a job yet but will continue to pursue employment. Thank you again for all of your support.
posted by htm at 7:53 PM on March 27, 2019 [2 favorites]
posted by htm at 7:53 PM on March 27, 2019 [2 favorites]
This thread is closed to new comments.
posted by DarlingBri at 7:18 AM on January 27, 2019