• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do you have to stop working before you can apply for benefits?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D_Chacon

Junior Member
What is the name of your state (only U.S. law)? VA

My mother-in-law wants to apply for disability benefits. She is a housekeeper for a company that services apartment buildings for the military. She has severe osteoporosis and the only reason she is still working is because she cannot afford to quit working or she'll loose her house. She can barely walk and it's a daily struggle for her that causes her to have to take time off quite often because of the pain that she suffers in her feet. He doctor and the family believe that she would be able to qualify for disability benefits, but I read online that you cannot receive benefits if you are still working. Is this correct? Would she have to quit her job first before she can be approved for benefits?
 


OHRoadwarrior

Senior Member
It is possible, though unlikely she can obtain benefits while working. For non-blind individuals, the monthly SGA amount for 2014 is $1070. Based on your story, I do not believe she will meet any qualification due to disability.
 

D_Chacon

Junior Member
The idea is for her to be able to stop working if she is approved for disability benefits. Will that make a difference? I also believe that the name of her condition is "Osteoarthritis of the joints" which is one of the conditions listed for disability benefits. She's also too old to learn a new trade.
 

sandyclaus

Senior Member
The idea is for her to be able to stop working if she is approved for disability benefits. Will that make a difference? I also believe that the name of her condition is "Osteoarthritis of the joints" which is one of the conditions listed for disability benefits. She's also too old to learn a new trade.
While difficult, she is definitely NOT too old to learn a new trade. It is possible for her to attend school for additional training and do something that doesn't involve manual labor, such as an office-type job, or something with computers that does not require her to be so physical in her occupation.
 

commentator

Senior Member
Oh come on here! A person who was working as a housekeeper/cleaner isn't likely to have a very high level of educational background, and absolutely zero experience in "sitting jobs." Office jobs, especially those that are not highly skilled or do not require a great deal of experience, technical expertise, are very rare and getting rarer by the moment in the present economy and workplace. People over 50 (which I suspect this person is) are very much unlikely to find a job, even with years of experience and excellent qualifications. Someone like this, who's left a low skill /strong back job and retrained, if they can find a retraining program and if they can survive financially long enough to complete it, are not very likely at all to find an employer willing to take a chance on them. It's unrealistic to the ultimate degree to tell her to seek retraining and refit herself to continue to work till she's seventy or so. Because even if she does, there will very likely NOT be a job out there that she can do and will get hired to do,

That said, I once retrained a lady who'd been a busperson in a restaurant, and she became the manager of a senior citizen's center, and worked till she was in her 80's. There's no hard and fast rule. But based on what I've read here, disability is in this lady's future. She may seek some physical therapy right now for her particular problems, and yes, as we get older, things just hurt worse, things that didn't bother us when we were young and strong. But eventually, she'll hit the point when she can't continue, when they let her go, or when she gets injured on the job, and when this happens, she will need to file for disability. But until she reaches that point, I would encourage her to try to keep working as long as she can. The closer she gets to social security retirement, the higher her income to figure benefits on will be, and she'll be able to draw slightly more.
 

Onderzoek

Member
What is the name of your state (only U.S. law)? VA

My mother-in-law wants to apply for disability benefits. She is a housekeeper for a company that services apartment buildings for the military. She has severe osteoporosis and the only reason she is still working is because she cannot afford to quit working or she'll loose her house. She can barely walk and it's a daily struggle for her that causes her to have to take time off quite often because of the pain that she suffers in her feet. He doctor and the family believe that she would be able to qualify for disability benefits, but I read online that you cannot receive benefits if you are still working. Is this correct? Would she have to quit her job first before she can be approved for benefits?
Short answer is no. Longer answer would include all the variables and could end up as a yes.

Some states have temporary disability programs that pay benefits for a year or so. Not sure about VA. Even if she did stop work and was immediately approved (which rarely happens) there is a 5 month non-payment waiting period.

Has she obtained her most recent Social Security statement to see how much she might get if approved? Would that be enough to keep her from losing the house? Usually, when a person can't work anymore, their standard of living goes way down. Perhaps she should consider downsizing or taking in roommates or boarders.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top