social security disability

[beverly kelsey]

What is the name of your state? new york

I'm working at present time, and have degenative arthritis
which has me in pain(sometime servere)that I have hard time working. My Doctor sugesset over 5 years ago to apply for my ss disability, but I was only 48. My question is can I apply for the ss
disability and continue to work while I wait for a decision, or do I have to be off work completely before appling.

 

[Beth3]

I think the first thing you need to do is contact your local SSA office and find out if you'd even qualify for disability benefits. SSA has a very stringent definition of disability (much more limited than you'll find on a group or private disability plan) so the fact that you're working and believe you can continue to work until a determination of benefits is made makes me seriously wonder whether you'd be eligible.

This isn't an employment law question so I doubt you can get an expert answer here but it's my recollection that at a minimum, an individual must be completely disabled for six months in order to apply.

 

[cbg]

You also might want to talk to your employer if working is getting to be too much for your condition. As I recall, New York is one of the few states which either has a state disability policy or mandates that employers do.

 

[tommyl]

Social Security Disability

Yes, Social Security does have a very strict definition of disability that differs from most other definitions of disability.

I went through this process with my daughter a couple of years ago and it was not very difficult. The requirements, etc., are pretty straightforward and easy to understand. As I remember, my daughter applied on September 1 and they told us she would hear from them within 120 days. She was notified of acceptance in mid October.

If you do choose to go through the process, and you are determined to be disabled, there is a six month waiting period before you are entitled to benefits. For example, if Social Security determines you were disabled as of June 12, you will not be entitled to benefits until the month of December. You would receive that December check in January.

Therefore, you should plan ahead and check out the requirements as soon as possible.

You can find out everything you need to know from the website http://www.ssa.gov/disability/[url] Good luck.

 

[Thomas234]

According to the Social Security Administration, "We evaluate the work activity of persons claiming disability benefits under SS Disability Insurance. Beginning 1/1/03 you may earn $800 a month and remain eligible for benefits, if you are blind $1,300 a month."

So I would interprete this to mean you can work and apply for benefits so long as you are disabled (according to the SSA definition) and your monthly income is less than $800/$1,300. Be warned, if you are working and earning less than this amount they will certainly scrutinize your work history to determine why you can "work" but "think" you are disabled.

You have nothing to lose by applying. Just don't expect the SSA to very very helpful if you are working. And certainly don't expect a favorable decision with your initial request, or reconsideration.

Best of luck, it won't hurt to look further.