SSA Payments Received while working

What is the name of your state? Florida
I have been receiving SS Disbility since 1994 for a mental health disability. I was not able to work for a long time but went to work in October 99 part-time which led to a 36 hour week. This job ws the only thing that helped me through many difficult mental health episodes and the disability continues to this date. SSA contacted me and told me that I should not have been receiving disability since I was working and have decided to stop payments. What I am afraid of now is what they are going to do me since they have deemed that the disability payments received since 10/99 should not have happened. I am terrified of what is going to happen. This of course is not helping my disability as this has sent me into a total tailspin. I wrote SSA and told them that the disability continues and asked them what to do now.
I need to know what they may do and what they will do to me.

You are REQUIRED to report any income you make to the SSA. It's in all the paperwork you've received. They can SUE you for back payment of what they have given you since '99 and they can prevent you from ever receiving it again.

I want to add that THIS is the reason it is so hard for the ones who deserve it to get any sort of Social Security.

You are allowed a 9 month "trial work period", where you get your full benefits during that 9 months. The 9 months does not have to be consecutive, but it does have to be within a 60 month (5 year) period.

If you are working at a substantial gainful activity level (I believe for this year, the amount considered SGA is $810 per month) then SSA no longer labels you as "disabled", and you are no longer eligible for benefits as your disability has ended.

What "can" they do? Make you pay back every cent that they paid you from the time they determined you were no longer disabled. They can (IF you don't have SGA and make more than $810 per month) reduce your monthly benefits in proportion to the amount of work you've performed.

You can't have it both ways. If you're disabled and can't work at the SGA level, then you are entitled to benefits. However, if for the past 5 years you've been working at the SGA level, then you've received benefits fraudulantly, and those will have to be paid back. You're either disabled and can't work, or you're not disabled and CAN.

(Massachusetts)

Tigger22472.

Do you know what the social security laws are in regard to working? Isn't it true that when you apply for SSDI, that you are turned down if you are able to do ANY work, because if you are able to work, you are not considered disabled.
YET, once you are on SSDI, why is it okay to work and make a certain amount of money if you are supposed to not be able to work to you collect disability?

I just can't imagine the reasoning, but would love to hear it! I know someone who IS disabled, but was turned down because, he was told, he could stuff envelopes! Who ever heard of anyone supporting themselves by stuffing envelopes? I haven't. So this is why I am totally baffled, and would appreciate an explanation. Why does someone who REALLY is unable to work get turned down, yet people receiving disability are allowed to work?

I know it sounds funny and I guess I don't know how to explain it really. BUT, in order to qualify for SSD you have to be disabled for 6 months (you can apply before hand but won't receive benefits) and a doctor has to say that you will not be able to return to work for at least one year. I hope that your friend that was denied appealed their claim. It is estimated that nearly 85-90% of all people that apply for SS are denied the first time out.

Depending on your state it depends on the processes they go through. In my state, Indiana there are 3 stages, the third being in front of a judge (which that too can be appealed). In Missouri where MissouriGal lives there are only two, the second of which is in front of the judge. HOWEVER, both processes seem to take just as long. It is my belief (and only my belief) that the government pushes you to the point in which that if there is ANYTHING you can do you will go out and do it because you are put into a financial state that you feel you HAVE to do something.

ONCE you are approved is when you are given the lead way to attempt to work. To qualify in the first place you just are not expected to work for ONE year. They also try to help you do vocational training if possible which again tries to put you in the workfield.

Applying for SS is a VERY VERY long process that generally takes anywhere from 1-3 YEARS to obtain. It's not for the weary or impatient.

Protection and Advocacy vs.retaining an attorney

undefined I live in California. After reading several postings and replies here on the forum I've decided to post my own question. My situation is similar to "Pazzie's" ...I've worked while on SSDI, I've completed a TWP whithin a 60 month rolling period. I've continued to work mostly below SGA but some months it has been some what higher. I have contacted P&A, inc. but have had trouble getting an interview ( so far). I've had contact with SSA regarding my work history ( they sent my detailed forms back in April, '04 wich I completed and sent back). Two weeks ago, I recived more forms informing me they ( SSA) were intending to discontinue my benefits. I've filed an appeal for reconsideration but so far I've not recieved anything from SSA in writing. Should I go ahead an see an attorney ? P&A,inc. says on their web site that part of their criteria for accepting cases has to do with the "merits of the case"... any input would be appreciated. Thanks.

I made a post on here a while back, explaining what the SSA considers Substantial Gainful Activity (SGA).

Contrary to popular belief, they do NOT just go by the amount of money you make every month. Here is part of my post from that previous thread:

From :

http://www.ssa.gov/OP_Home/rulings/...3-33-di-03.html

"PERTINENT HISTORY: Under the disability provisions of the law, except within the trial work period (TWP) provisions, a person who is engaging in SGA is not eligible for payment of disability benefits. SGA is defined in the regulations as work "that involves doing significant physical or mental activities . . . [and] is the kind of work usually done for pay or profit. . . ." "Significant activities" are useful in the accomplishment of a job and have economic value. Work may be substantial even if it is performed on a part-time basis, or even if the individual does less, is paid less, or has less responsibility than in previous work. Work activity by an employee is gainful if it is the kind of work usually done for pay, whether in-cash or in-kind. Activities such as self-care, household tasks, unpaid training, hobbies, therapy, school attendance, clubs, social programs, etc., are not generally considered to be SGA."

Please read the parts I put in boldtype. To put it bluntly... if you're able to work, you aren't disabled according to the SSA. Not disabled means no more disability benefits. If you've been working for the past 5 years (even though you've made under the "money" amount they define as SGA level earnings) the fact is that you have the physical and mental capabilities to perfom the job. If you have those capabilities, then according to the SSA you are no longer disabled. So, flying under the radar of the $810 a month SGA earnings label doesn't get you off the hook. You've continued to work. Being able to work means you aren't disabled by their rules.

You should have started your own thread. It really doesn't help the Original Poster to have their post hijacked.

I don't know what P&a,Co. is, but most SSI Lawyers won't take a case if they don't believe it has merit. They take cases on a percentage of what the client is awarded. If they win they usually get a 3rd. If they lose, Nothing. Why would they take a case they think they can not win >

Wait your reconsideration out , and go from there .

I appreciate the information posted in response to my concern regarding working and SSA .... what I don't understand is the hard nosed approach some members seem to take toward others in this group ( "hyjacked"). Perhaps that's why there seem to be so few postings here from newer members. OUCH ! Never again will I use this forum.

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Please choose a Forum below to read or post a question - US Law Only - YOU MUST INCLUDE THE NAME OF YOUR STATE

New post is part of the list !! I wasn't being harsh I was stating a Fact .

You're being too parinoid ...