LEARNING ABOUT DISABIILTY FROM OTHERS
Here are some cases that may help you to understand how Social Security Disability Insurance (SSDI) works.
Names are fictional and are not the names of real clients.
*ELLEN. Ellen is 44 and began working right out of high school. She began working in 1982 and worked until 2008. Ellen was in a car wreck in July, 2016 which broke her back and left her unable to work. She has excellent medical records to support that she is not able to work. Can Ellen get SSDI benefits? Unfortunately, she cannot. While she is disabled, Ellen's disability benefits expired on 12/31/14. This is her Date Last Insured. Disability insurance lasts only 5 years after a person stops working, then it disappears. Since Ellen last paid into the Social Security trust fund in 2008, her disability insurance with Social Security ended on 12/31/14. She may be eligible for a smaller benefit under SSI if her household income is low enough.
JOSHUA. Joshua is 55. He has a degree in psychology and has worked for the last 19 years as director of a retirement home. Joshua suffered a debilitating stroke in 2015 which left him unable to perform his past work. His doctor says that he does not have the ability to perform anything as complicated has his past work; however, he might be able to perform some type of simple, part-time work. May Joshua get SSDI benefits? Yes, there is a good probability that he can. At age 55, he may be found disabled under one of the grid rules. He may not need to prove that he cannot perform easier, simpler work.
SYLVIA. Sylvia is 38 years old and is under a psychiatrist's care for severe bipolar disorder, anxiety and recurrent depression. She has difficulty concentrating and being around large numbers of people. She also has degenerative disc disease of her lumbar spine which makes standing, walking, prolonged sitting, lifting and bending painful. Sylvia's doctor has stated in writing that she does not believe Sylvia is able to continue working as a customer service representative in a call center, where she has been employed for the past 11 years. Nonetheless, Sylvia continues to work 36 to 40 hours per week and earns about $35,000 per year. Does Sylvia qualify for SSDI? No, she does not. This is because she fails Step 1 of the 5-step sequential process. She is still working at substantial gainful activity. As long as Sylvia works and earns at least $1,170 per month, she is not disabled according to Social Security rules, regardless of how severe her symptoms are.
HAROLD. Harold is 29 and has a GED. He has held several jobs, most recently working as a cashier in a convenience store. He has worked enough to meet Social Security's insured status. Harold fell off a ladder while stringing Christmas lights at his house, fractured his collar bone and right wrist. The wrist fracture required surgery and he will have to wear a cast for 8 to 12 weeks. He cannot operate a cash register and the store tells Harold that they have no other work for him. His doctor has given him a note that places him on restricted duty for 3 months. Can Harold get SSDI benefits until he is able to return to his job as a cashier? The answer, unfortunately, is No. Harold does not meet the duration requirement of 12 consecutive months. Social Security does not cover an impairment that has not lasted, or is not expected to last for at least 12 consecutive months. Social Security will also probably argue that while Harold may not be able to perform his past relevant work (cashier), there are other jobs in the national economy that he could do--such as telemarketer, inspector, surveillance system monitor, etc. Whether or not Harold can find one of those jobs is immaterial.
BETHANY. Beth is 32. She worked for the last 10 years as an elementary school teacher. During a routine physical examination, her doctor found evidence of a tumor. After a biopsy, lung cancer was diagnosed. Beth underwent surgery and chemotherapy and was able to return to work. A year later, however, the cancer returned and has now spread to the lymph nodes. Beth is undergoing more chemo and is unlikely to be able to return to work. Will she be able to get SSDI? The answer is, Yes, and probably on an expedited basis. If I were representing Beth, I would ask for a compassionate allowance with expedited benefits. With proof of recurrent metastical lung cancer, benefits should be approved quickly.
___________
If you need help or advice with a Social Security disability claim, please contact the Forsythe Firm, 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806. PHONE (256) 799-0297. Practice is focused only on Social Security disability cases.
Names have been changed/fictionalized to protect each person's confidentiality. No one can promise or guarantee the outcome of any Social Security disability application or appeal. Information posted here is for general educational purposes only and should not be relied upon as advice for a particular claim, case or situation. You should speak to an attorney or non-attorney representative if you have questions about a Social Security claim or appeal. The Forsythe Firm is not affiliated with the US Government or the US Social Security Administration.
Names are fictional and are not the names of real clients.
*ELLEN. Ellen is 44 and began working right out of high school. She began working in 1982 and worked until 2008. Ellen was in a car wreck in July, 2016 which broke her back and left her unable to work. She has excellent medical records to support that she is not able to work. Can Ellen get SSDI benefits? Unfortunately, she cannot. While she is disabled, Ellen's disability benefits expired on 12/31/14. This is her Date Last Insured. Disability insurance lasts only 5 years after a person stops working, then it disappears. Since Ellen last paid into the Social Security trust fund in 2008, her disability insurance with Social Security ended on 12/31/14. She may be eligible for a smaller benefit under SSI if her household income is low enough.
JOSHUA. Joshua is 55. He has a degree in psychology and has worked for the last 19 years as director of a retirement home. Joshua suffered a debilitating stroke in 2015 which left him unable to perform his past work. His doctor says that he does not have the ability to perform anything as complicated has his past work; however, he might be able to perform some type of simple, part-time work. May Joshua get SSDI benefits? Yes, there is a good probability that he can. At age 55, he may be found disabled under one of the grid rules. He may not need to prove that he cannot perform easier, simpler work.
SYLVIA. Sylvia is 38 years old and is under a psychiatrist's care for severe bipolar disorder, anxiety and recurrent depression. She has difficulty concentrating and being around large numbers of people. She also has degenerative disc disease of her lumbar spine which makes standing, walking, prolonged sitting, lifting and bending painful. Sylvia's doctor has stated in writing that she does not believe Sylvia is able to continue working as a customer service representative in a call center, where she has been employed for the past 11 years. Nonetheless, Sylvia continues to work 36 to 40 hours per week and earns about $35,000 per year. Does Sylvia qualify for SSDI? No, she does not. This is because she fails Step 1 of the 5-step sequential process. She is still working at substantial gainful activity. As long as Sylvia works and earns at least $1,170 per month, she is not disabled according to Social Security rules, regardless of how severe her symptoms are.
HAROLD. Harold is 29 and has a GED. He has held several jobs, most recently working as a cashier in a convenience store. He has worked enough to meet Social Security's insured status. Harold fell off a ladder while stringing Christmas lights at his house, fractured his collar bone and right wrist. The wrist fracture required surgery and he will have to wear a cast for 8 to 12 weeks. He cannot operate a cash register and the store tells Harold that they have no other work for him. His doctor has given him a note that places him on restricted duty for 3 months. Can Harold get SSDI benefits until he is able to return to his job as a cashier? The answer, unfortunately, is No. Harold does not meet the duration requirement of 12 consecutive months. Social Security does not cover an impairment that has not lasted, or is not expected to last for at least 12 consecutive months. Social Security will also probably argue that while Harold may not be able to perform his past relevant work (cashier), there are other jobs in the national economy that he could do--such as telemarketer, inspector, surveillance system monitor, etc. Whether or not Harold can find one of those jobs is immaterial.
BETHANY. Beth is 32. She worked for the last 10 years as an elementary school teacher. During a routine physical examination, her doctor found evidence of a tumor. After a biopsy, lung cancer was diagnosed. Beth underwent surgery and chemotherapy and was able to return to work. A year later, however, the cancer returned and has now spread to the lymph nodes. Beth is undergoing more chemo and is unlikely to be able to return to work. Will she be able to get SSDI? The answer is, Yes, and probably on an expedited basis. If I were representing Beth, I would ask for a compassionate allowance with expedited benefits. With proof of recurrent metastical lung cancer, benefits should be approved quickly.
___________
If you need help or advice with a Social Security disability claim, please contact the Forsythe Firm, 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806. PHONE (256) 799-0297. Practice is focused only on Social Security disability cases.
Names have been changed/fictionalized to protect each person's confidentiality. No one can promise or guarantee the outcome of any Social Security disability application or appeal. Information posted here is for general educational purposes only and should not be relied upon as advice for a particular claim, case or situation. You should speak to an attorney or non-attorney representative if you have questions about a Social Security claim or appeal. The Forsythe Firm is not affiliated with the US Government or the US Social Security Administration.
SSI stands for Supplemental Security Income. It is an entirely different program than Social Security Disability Insurance (SSDI). While it takes the same medical evidence to qualify for either SSI or SSDI, there are income and resource restrictions for SSI that do not apply to SSDI. Also, SSDI requires a work history to be covered, but SSI does not require the claimant to have worked.
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