Social Security Questions and Answers
Comments
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Medi
P.S. I am not an advocate of "gaming" the system. But I do believe that SSA is the one who writes the rules and making helpful choices based on the rules of, as you put it, the "game" is quite all right.
Steven -
I was just advised by a family member, I need to get my mine off this concern and go watch some cartoons. After Steven's last post, I think I need to spent my time writing letters to my senators for Universal Healthcare! Maybe I can send them some cartoons advocating Universal Healthcare. If we had it, the disabled who can't hold down full time jobs can work part time, have HEALTHCARE and then spend whatever extra time they have watching those CARTOONS! Does being nuts help one get SSDI? Just kidding. Trying to keep my spirits up.
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Medigal, being nuts won't get you SSDI per se, but it might drive you nuts getting it!
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I had posted this on the old thread for SS Disability questions and then when it actually went on read a few of the posts before mine and saw that there was a new thread and here I am. So wonderful of you to be helping us ladies out, Steven. I hope my questions are not too dumb. Thanks, Marybe
minutes ago, edited 6 minutes ago by MarybeMarybe wrote:
In the first 5 year period you can work and earn any amount for 9 months, those 9 months do not have to be consecutive and they will then review whether you are capable of returning to work.
The above I copied and pasted from a post that Chikadee had made.....so am I to understand that for the lst five years, I can earn any amount for 9 months?....meaning I could make $2,000 a month and still get my SSdisablity because of my Stage lV diagnosis. I have been putting this off forever, went to the SS office when I was on abraxane and feeling so bad two years ago and the woman I spoke to then told me there was no question about me being approved, but I wanted to keep on working and I did. Now I am on my 5th treatment since then and the reason we keep changing is because they have not worked so I am looking at things a little differently now.....like time is becoming an issue. I don't want to wait until I am forced to stop working and am in such bad shape I can't do things like traveling. So I am just about there.....if I can make an unlimited amount for 9 months that would be wonderful...I would just work my tail off and use it to travel...providing I am feeling up to that. But now I have another question...I was talking to my neighbor and she told me that she was not allowed to leave the country while she was on disability.....I am quite sure she was on it through her work coverage(she had foot surgery and had to stay totally off her foot for 4 months) so maybe that is their rule....If I went on SSDi and couldn't leave the country, that would be defeating my whole purpose since I just finally went ahead and got a new passport when I heard what my CA27/29 was. Oh, and I almost forgot....I read where someone's benefits were changed because of her husband's income....does my husband's income have an effect on this?....if so I probably would not qualify because he gets more from his retirement than I do working, BUT I am the one who pays the mortgage and also take care of most of my own bills. I really do not recall discussing my husband's income when I went in and talked to someone. I should have checked this out better and done it a long time ago since I would get more on disability than I would working til I am 69 or whatever, but I didn't just because I have always felt work was good therapy for me.
Marybe
Diagnosis: 4/1998, IDC, Stage IV, 0/19 nodes, mets, ER+/PR+, HER2-[Edit][Delete] -
Steven, it is so nice of you to answer questions! I hope your wife is feeling good.
I am 44 and stage 3c, possibly stage 4, as there is some disagreement between docs. I do have positive im nodes, which seems to be a qualifying situation for disability. I am a hair colorist and did not work for about 6 weeks after diagnoses(Dx april 5th, 2011), too many appointments and too emotionally distraught. I applied for disability, but have gone back to work very part time, making less than $400 a month which we need to help pay bills. Does this keep me from qualifying? I would prefer not to work, but need the money. It is very hard for me to make it through the 4 hours and coworkers help me out with shampooing and styling. Do I need to not work at all? I am so confused about this, but I think you mentioned if one is working at all they will not qualify you. Did I understand correctly?
Thank you so much for your time, as we all know our time is precious.
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Bkj66
The fact you are working part time land making $400 does not automatically disqualify you from getting SSA. The ability to engage in SGA is measured both by time and amount. A disability application always requires a person to demonstrate why they are disability. So basically look at it from SSA point of view which is to ask, if you can work part time why can't you work full time?
So just make sure you present evidence that address that question.
Remember, SSA does not require an individual to be in a coma to get benefits. SSA only requires that you not be able to work a 40 hour workweek, meaning full time. So if you apply just make sure you explain in detail why you can't work more than you do.
Steven -
Steven, I had two questions....Did they change the amount you are allowed to earn while waiting for the SS disability to actually be issued? I know people have said 5 months....and I was under the impression I was able to earn $990 or around there during that time perioid, but saw $720 mentioned several times. Also, that other question I had was about being able to leave the country while on disability....in thinking it over it was probably just because my neighbor was getting her disability through work and they would have thought well, if she can't work, she shouldn't be able to travel.
I am Stage lV and have been since 98 and my onco has been telling me for years to go on disability, but the thing is I still feel fine. However in the past few years we have been going from one chemo to another trying to get the liver mets shrunk so I am really for the lst time ready to apply. How is your wife doing with hers. Marybe
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Marybe
Lots of questions in your two posts. I will try to answer them as time permits.
First, please understand that the TWP is for people who have already have been found disabled and are getting benefits.
If you never stop working for any period of time it makes it diffficult, if not impossible, to prove disability to SS.
Bottom line, and this goes for everyone reading this, while I have been trying to explain the nuances and tests of how SSA looks at people whowould like to try and get back to work despite a disability, this discussion is not meant to provide insight on how to get as close as possible without going over.
If a person can work or is working then they should work or continue working.
But if a person cannot work because of thier illness or injury then SS exists to help someone. That is what it is designed for. The TWP is an incentive to help those who are on disability test the waters to get back to work.
What SS and the TWP are not is a system set up to let persons maximizes there income sources becasue of non-disability related desires.
So if someone can't work because of thier disability then they should stop working and apply for SS benefits.
If at some point they wish to test the waters what we have discussed above gives some outlines and material to understand how to go about it.
So the question that needs to be asked (and answered honestly and internally by everyone within themsleves) is simple,
does my illness or injury, and the treatment I receive, interfere with my ability to work full time and/or make $1,000 a month?
If you answer that question with a yes then you are disabled and should apply for SS.
If that answer is no then you are not disabiled and should continue to work.
Got a bit of work to do will try and post more later.
Steven
If you can work.
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Thank you for your honest answers, Steven and the answer is No, my illness actually does not interfere with my ability to make over $1,000 a month. I am a dental hygienist and we get a good salary, but at the same time I know I am sort of an exception to normal. Many people can't get over the fact I am still working, including my oncologist, but I have been extremely fortunate in that chemo has never really made me sick and when and if I do get fatigue, it seems to hit on the weekend. However, I am feeling tired more frequently and as I said in my earlier post I want to do things while I am still able such as travel. When I talked to them at the SS office two years ago, the woman who did my interview seemed to think I would have no problem getting approval with my diagnosis.....however, it was me who decided not to pursue it at the time since I actually quit the chemo that was making me feel like I was not going to be able to work. Since then none of the chemos I have been on have actually made me feel bad, but they also have not succeeded in shrinking any tumors and I have had progression in both the liver and my bones. This is why I am thinking maybe it's time to bite the bullet and actually stop working.
If I do apply, I guess I would just cut down to a day or half day a week because I don't want to totally quit and deplete my IRA money. Does my withdrawl from it count as earned income?....I know I have to pay taxes on it since it was deducted from my paycheck over the years and I did not pay taxes on it then.
Thanks again for your time and answers. There is no real rush on this since I am not going to do it tomorrow and I also would want to give my employers plenty of notice when I do decide I am going to cut way back on hours. However, if things are really going downhill when I get my scans July 18, then I will quit working. Even though I still feel fine, I get scared when we exhaust yet another chemo.
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Wow Steven! Looks like you have a new volunteer position - almost full time - with this thread. Thank you for all of the information you have provided. I'm sure it answers so many questions for so many people - more than just who are writing here.
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Personally, I think the system is messed up. A person who (for example) suffers "depression", has a better chance of getting SSDI if she has not worked in the last 6 months than somene who gets diagnosed with stage IV cancer and currently works. The stage IV scenerio is a more serious one, but they would not consider seriousness of diagnosis or how it will impact future ability to work.
I do not believe that every person who is on SSDI is unable to work. And I believe there are people working, that should be on SSDI, but they don't want to be homeless, so they continue to drag themselves to work, often in pain. I've seen it so often....especially among people who do physical work.
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For Marybe -- IRA withdrawals DO require income taxes (plus a 10% penalty if you're below age 59-1/2) but I don't believe they would count as "earned income" for SSDI purposes.
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IRA withdrawals are of no consequence to SSDI. It is not income based. As for IRA withdrawals, there are exceptions to the 10%-59 1/2 penalty, disability is one of them.
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With respect to IRA's the actual withdrawal of the money does not transmute it into something that would make a person subject to a SGA test.
But it does have IRS consequences.
If your IRA withdrawal (or any other income) exceeds a certain amount, depending on your filing status, your SS benefit may become taxable.
Sorry have not posted too much. Been playing catch up at work.
Steven
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You are correct Steven, the amount of your SSDI that is taxed is dependent on your other income claimed for tax purposes. So I shouldn't have said, no consequence. I thought the person might have meant that IRA withdrawals would impact your ability to qualify for SSDI, which isn't the case.
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Does anyone know how long a psychiatrist evaluation for SSDI takes or what they make the claimant do? My relative is scheduled for one soon since she mentioned (I guess) her chronic pain causes her anxiety and a thing or two about being depressed over the situation she is in now without being able to work and the entire SSDI procedure. I tried to research it over the web but some people say 2 hours and others over 6 hours! I am going with her and just would like to know what we are in for. If any one can share any info about this ordeal, I would be very grateful for your help. Thanks!
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Medi
Most consultative examinations (CE) take less than 30 minutes. Some physical exams take 10 minutes or less.
A psychiatrist CE will prob take 20-30 minutes. She really should be seen by a psychologist who will take about an hour or so due to the various tests like mmpi, memory, Rey.
A psychiatric exam for a non organic exam is pretty useless because they only do a mental status exam and no actual testing.
So sorry to be a bad news bear, but most of my clients tell me a CE is really not very long. But I only see people who have get denied.
Steven -
Hi Steven, I have a question for you... When I was approved for SSDI last October, I was told that I would be paid from August 2010 and that they would review my case in 18 months as I was expected to be able to return to work. My disability date is March 2010.
When should I be expecting my review, and what are the chances that I will be able to continue on SSDI? I am staged at IIIA, but close to IIIB and I have stabalized lymphedema in one arm. My job (graphic design) requires constant use of my lymphedema arm, which causes pain, numbness, and discomfort after about 3 hours.
I appreciate any advice you can give to me!
One love, Jackie
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Steven: Thanks for the input. We called the person who sent her the letter and he says it should be about an hour. I really don't understand why they need a more thorough exam since she is not applying for a "mental" disability. It's the stress of dealing with SSDI and the waiting which is causing her anxiety (and "mine" too!). I just hope whatever they do helps her get approved and doesn't harm her from getting a positive decision.
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When we applied for my son's SSDI based on his mental disability from birth, SSA couldn't seem to get their heads wrapped around the fact that it was a mental disability and sent me the packet for physical disability. Once we got that corrected they set him up for an appt. with a psychologist. They assured me the psychologist would be sent all the supporting documentation we had already submitted. I had reason to be skeptical and so took my big fat file with me of all his evaluations from birth. Indeed they sent him nothing and he was not a happy camper.
The evaluation was about an hour and the psych was mucho greatful to copy and paste from my records for his report.
Your friend should not be so sure that they made the appointment with the right intention, they really do screw up a lot. That said, if I were her, I'd bring any written notes from any other Dr. that would support her difficulties. The contract psychologist will probably appreciate the info. and will surely be better able to present a case for approval.
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Chickadee: Thanks for the helpful input. Being wary of anything the SS is doing, I have already put together my envelope of info about the "physical" problems involved. I can assure you that this entire ordeal would make NO one I know want to "fake" it to get approved. But it does cause even greater pain, emotionally and physically to anyone involved in it. Each day is a day of stress for me and my relative with the "not knowing" what the outcome will be or "when" it will be. If they deny her and we have to find a lawyer to appeal, that will be another stressful event. Just hate to pick one out of the yellow pages so if anyone has used a Disability Lawyer in the Louisville, KY area, PLEASE send me a PM giving me his/her name. Thanks!
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Steven - here's another question for you regarding Social Security Disability but first a brief overview:
I went on SSD a year ago. Was on my employer's LTD to supplement SSD to 60% of my salary. My employer's LTD ran out on 6/30/11. I (fortunately) purchased extended LTD through my employer (but it is private, not paid by my employer) so that LTD kicked in 7/1/11. Here is the sticky situation - my employer terminated me since the company provided LTD is finished. They are offering a severance package, which quite frankly is surprising. OK . . . here are my questions finally: Will this one-lump-sum severance check affect my SSD income? I know I'll have to report it so will SSD not pay me until I have "evened out" with the severance? Or will it just be for one month that I won't collect?
This termination, while not surprising, kind of stinks. Earlier in the year I was informed by our HR department that since I had purchased extended LTD, I would still retain my benefits like an active employee but would just have to pay for them myself. That is not the case so on to COBRA.
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3katz
Here is a link to a form form SSA.gov
http://www.socialsecurity.gov/online/ssa-131.pdf
Which says:
"Employees are sometime paid wages in a year subsequent to the year that the wages were earned. The most common types of payments are accumulated (for prior years) vacation pay or sick pay paid after retirement; deferred compensation; severance pay (when paid on account of retirement) and bonuses--paid pursuant to a prior agreement or contract.
Wages which are earned in a year prior to the year they are paid usually do not affect benefits payable under the Social Security annual earnings test. However, for the Social Security Administration to pay benefits accurately, these prior year amounts must be reported to us. The above named individual has filed for Social Security benefits. To ensure that correct Social Security benefits are paid, please complete the information below and return this form to the Social Security Administration. (Please see reverse side for instructions for the completion of this form.)"
See also this part of the website
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jdootoo
I really can't give you an idea of chances. Even when I have my own client whose medical record I am familiar with asking me that question I can't answer it with any amount of certainty.
There is just so much info I need to even begin to make even a SWAG.
If you are scheduled for an 18 month review and your disability onset date is 3/10 then you should get something around 9/11.
Of course SSA may never review at all.
If they do just make sure you cooperate and send in any info they need.
Keep me updated and I will try to help.
Steven
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All
Sorry if I have been a bit delayed. My wife's second round of the 21 day cycle starts tomorrow with a dose of taxol and gemzar.
Hair started to fall out last week, accelerated, and I lovingly shaved her head last night while her family and the kids played and watched. Kids reacted well which was the goal to have them gradually see the process happen to avoid shock.
Followw up this AM. Find out how her blood work is tomorrow. Big news today is that she is BRCA1 positive with unspecified meaning.
So now I set the clock and in ~18 years pray my 2 year old daughter did not inherit it.
Anyway thanks for leting me vent. Hope I am helping with this topic. If I disapear for a few days please don't think I flaked. Just busy.
Have a good night.
Steven
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Thank you Steven... praying for your wife and daughter
One love, Jackie
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Steven, it sounds as though you and your wife have considered your kids carefully and thoughtfully. I applaud your decision about shaving the hair.
Hug your wife for me. I think about you frequently.
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Take a break if you need one Steven and we will not think you have flaked out...although we would understand if you do. You have a lot going on right now and we are all sending prayers and warm thoughts for your wife.
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Thank you so much Steven! I did contact SSA but they couldn't give me a definitive answer since I'm not sure of the amount or when I'll receive the check.
Don't worry about being delayed - figured you were busy. After all, this is a "volunteer" position. So don't worry about taking breaks. Your family is much more important and you have a lot going on. We'll never think you "flaked." And vent away . . . ANYtime. And please feel free to join us in the Stage IV forum - many spouses have done that.
I had a similar BRCA result as your wife - BRCA1 "of uncertain significance." I asked what that meant and there was no idea. Hopefully with more results they'll find a new mutation and what it means and maybe figure out the beast. One can only hope.
I've been thinking about you and your wife - I'm sure we all have been. Wishing you and your entire family well. I hope your wife is side effect free. Be sure she gets lots of rest. You take care of yourself, too.
Thanks again for all of your help!
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Steven
I sat down tonight and read through this entire thread...I am amazed that you have so generously given of your time...what a wonderful gift to those who need guidance from someone they can trust! I am so glad I visited TONIGHT of all nights given the news you have just received re: your wifes BRCA status.
COINCIDENTALLY I have been a member of FORCE (www.facingourrisk.org) for 11 years because of my high risk status. FORCE is THE source for information for those who are BRCA+ and or high-risk. I hope that you will visit the site as our medical advisory board are many of the best in the world with experience and research for the BRCA+ BCs.We also offer links to the lastest clinical trials using the new PARP inhibitors specifically targeted to those who are BRCA+.
If you like you can PM me using the link at the top of this page,
Keeping your wife and your entire family in my prayers,
Warmly,
Marcia
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