Knee surgery

[catfishhoward]

What is the name of your state (only U.S. law)? Georgia, USA

If I loss my job because of a knee injury (new or old injury) can I get my SS disability while I have and recover from knee surgery?

 

[PayrollHRGuy]

This is what SSA considers a disability.

You cannot do work that you did before;
We decide that you cannot adjust to other work because of your medical condition(s); and
Your disability has lasted or is expected to last for at least one year or to result in death.

You have to meet all three.

 

[Janke]

Will your knee surgery prevent you from doing any kind of work (including answering a phone at a call center) for more than 12 months? Probably not. But if you want an official answer from SSA, you have to file a claim and go through the whole process.

Some states have disability benefits for short term disabilities (less than a year duration)

 

[catfishhoward]

Will your knee surgery prevent you from doing any kind of work (including answering a phone at a call center) for more than 12 months? Probably not. But if you want an official answer from SSA, you have to file a claim and go through the whole process.

Some states have disability benefits for short term disabilities (less than a year duration)

I have a little more than I told wrong with me I just mentioned my knees since they are really stopping me from working the other stuff just hurts, for the last 25 years I've drove 2 hours a day, carried a bag of wood over my shoulder (up to 60 lbs) and walked in mud and uneven terrain surveying. I can sit for an hour or so before my hips, shoulder and elbows start to hurt from arthritis.

I do make some side money from some residential rentals I have. Total rent per month $2615 - after tax and mortgage I clear around $1685 per month. My SS statement says if I become disable I would get $2100 a month, would the side money which I started getting in 2014 effect the amount $2100 if so, how much?

I might also sell 1 of my properties so more than likely my rental will be $1665 or after taxes a profit of $1150.

 

[ShyCat]

My SS statement says if I become disable I would get $2100 a month, would the side money which I started getting in 2014 effect the amount $2100 if so, how much?

No, "side money" from rental income is not subject to SS taxes and thus would not increase any SS benefit.

 

[catfishhoward]

No, "side money" from rental income is not subject to SS taxes and thus would not increase any SS benefit.

I don't understand, I didn't think they would give me more for temporary disability but was wondering if they would low the $2100 down because I make money from a side job separate from surveying.

 

[Janke]

The rental income (what you are calling side money) does not come from work. It is a passive income stream. You get it whether you lay in bed all day or go out to your rental properties and clean the yard all day. It is not EARNED income like wages or self-employment. it is not a job.

The job you have as a surveyor does sound like earned income. You go out and perform a survey and get paid by the hour and have a boss (wages) or by the job and have a client and can subtract work expenses (self-employment). Why don't you work longer hours in this field? Why can't you do this full time (even if you have to find another employer or client)? If the job is determined to be Substantial Gainful Activity (SGA), your SSDI claim will be denied. But even if you didn't have this other job, your SSDI claim can still be denied if SSA believes you are capable of doing more work than you are doing now (and not just in the jobs in your field or that you like to do).

But Social Security Disability Insurance (SSDI) is not a welfare program. Having rental income has zero effect on SSDI. But you also have a job and are working. Then the decision is much more complicated. The fact that you can do your 'side job' of surveyor shows that you can work. It may or may not show that you can work full time as a surveyor.

Your medical condition must be documented by medical evidence. It has to be determined to be severe. It has to be severe or expect to be severe for 12 months or longer. It must be so disabling that you are not able to perform Substantial Gainful Activity in any kind of work, in any industry.

If you can sit in a call center and answer the phone 6 hours a day, you will not be found to be disabled by Social Security. Doesn't matter that you can't do your old job. Doesn't matter that you can't do any work for six months if you will be able to work in less than 12 months. 60% of all initial claims are denied and for those who go through the appeals process (several levels), it can take 2, 3 or 4 years to get an answer from the judge (which also might be "NO) and then even longer if you appeal further.

But on your original question, SSDI is not reduced by rental income, nor is it reduced by wages from part-time jobs. You are focusing on the wrong issues. The bigger issue is getting approved for SSDI. Not easy.

 

[catfishhoward]

The rental income (what you are calling side money) does not come from work. It is a passive income stream. You get it whether you lay in bed all day or go out to your rental properties and clean the yard all day. It is not EARNED income like wages or self-employment. it is not a job.

The job you have as a surveyor does sound like earned income. You go out and perform a survey and get paid by the hour and have a boss (wages) or by the job and have a client and can subtract work expenses (self-employment). Why don't you work longer hours in this field? Why can't you do this full time (even if you have to find another employer or client)? If the job is determined to be Substantial Gainful Activity (SGA), your SSDI claim will be denied. But even if you didn't have this other job, your SSDI claim can still be denied if SSA believes you are capable of doing more work than you are doing now (and not just in the jobs in your field or that you like to do).

But Social Security Disability Insurance (SSDI) is not a welfare program. Having rental income has zero effect on SSDI. But you also have a job and are working. Then the decision is much more complicated. The fact that you can do your 'side job' of surveyor shows that you can work. It may or may not show that you can work full time as a surveyor.

Your medical condition must be documented by medical evidence. It has to be determined to be severe. It has to be severe or expect to be severe for 12 months or longer. It must be so disabling that you are not able to perform Substantial Gainful Activity in any kind of work, in any industry.

If you can sit in a call center and answer the phone 6 hours a day, you will not be found to be disabled by Social Security. Doesn't matter that you can't do your old job. Doesn't matter that you can't do any work for six months if you will be able to work in less than 12 months. 60% of all initial claims are denied and for those who go through the appeals process (several levels), it can take 2, 3 or 4 years to get an answer from the judge (which also might be "NO) and then even longer if you appeal further.

But on your original question, SSDI is not reduced by rental income, nor is it reduced by wages from part-time jobs. You are focusing on the wrong issues. The bigger issue is getting approved for SSDI. Not easy.

Thanks for the reply, I have medical evidence of arthritis already and believe I have torn cartridge in both knees which I want to get worked on so I might be able to continue work and have a nice retirement so I'm not sitting at home with 2 bum knees so I will go to a doctor and see what they say. I know if I have to get both knees redone I will be out of work for at least 1 year that's why I was wanting temp disability or I won't be able to pay my bills for the year I'm out, and In my filed my boss will be forced to hire someone to fill my job.

 

[Janke]

How much are the gross monthly earnings from the survey job? If your gross pay is $1180 a month from that job, you will be denied at step 1 on an SSDI claim. $1180 is the 2018 amount that determines you are performing SGA. That is 20 hours a week at $15 an hour. That would be enough to deny your SSDI claim because you are working.

If you are earning (from a job or self-employment) less than $1180 a month, SSA will look at your existing medical records to determine if you will be unable to do any kind of work (one that does not require you to be on your feet during the job hours - sedentary work). And whether or not it can be predicted that you will have a severe problem for 12 months or longer. One knee surgery and recovery time generally does not keep you out of the work force for more than a few months. My 88 year old mother had both hip and knee surgery last year and she is stronger and peppier than she was at 87. (she has other age related problems but the knee surgery was done in November and she got almost full flexion and extension after her PT and walks more this year than last year and was even planting flowers this week)

My suggestion is to save as much money as possible, pare down your expenses, put in more hours at the job you can do or find another simple sit down, low paying job, maybe a temp agency, and/or see if your state has a temporary disability program. I really doubt you will qualify for SSDI if all you need to do is recover from surgery. However, since the future is unknown and recovery is different for everyone, you could file the SSDI claim, get denied, appeal, get denied again and by that time, you will know if you can return to work or if you have to file for a hearing before an ALJ. My sister who had knee surgery could not wait tables while she was recovering, but she had worker's comp and was back at work in less than a year. She filed the SSDI claim and was denied, but since she went back to work, she didn't file any appeals.

 

[catfishhoward]

How much are the gross monthly earnings from the survey job? If your gross pay is $1180 a month from that job, you will be denied at step 1 on an SSDI claim. $1180 is the 2018 amount that determines you are performing SGA. That is 20 hours a week at $15 an hour. That would be enough to deny your SSDI claim because you are working.

If you are earning (from a job or self-employment) less than $1180 a month, SSA will look at your existing medical records to determine if you will be unable to do any kind of work (one that does not require you to be on your feet during the job hours - sedentary work). And whether or not it can be predicted that you will have a severe problem for 12 months or longer. One knee surgery and recovery time generally does not keep you out of the work force for more than a few months. My 88 year old mother had both hip and knee surgery last year and she is stronger and peppier than she was at 87. (she has other age related problems but the knee surgery was done in November and she got almost full flexion and extension after her PT and walks more this year than last year and was even planting flowers this week)

My suggestion is to save as much money as possible, pare down your expenses, put in more hours at the job you can do or find another simple sit down, low paying job, maybe a temp agency, and/or see if your state has a temporary disability program. I really doubt you will qualify for SSDI if all you need to do is recover from surgery. However, since the future is unknown and recovery is different for everyone, you could file the SSDI claim, get denied, appeal, get denied again and by that time, you will know if you can return to work or if you have to file for a hearing before an ALJ. My sister who had knee surgery could not wait tables while she was recovering, but she had worker's comp and was back at work in less than a year. She filed the SSDI claim and was denied, but since she went back to work, she didn't file any appeals.

Surveying I make between 3000 & 6000 a month depending on work load ($35 hour), W2 paid at the end of the month.