Worked for five months. Start over?

[marxsd]

What is the name of your state? Texas
I have been disabled since 03/2001with Chronic Fatigue Syndrome/Depression. I am an environmental consultant. While awaiting a SSI hearing, I tried to work (from 01/2003-06/2003 but was fired because I could not perform the duties of the position. The hearing was held in 08-2003. The judge found that I qualified for disability from 03/2001-01/2003 but would have to file a new claim begining 06/2003 because I had worked more than three months. I have reapplied and have been denied. Is there any short cut to the process because I have already been determined as disabled and nothing about my medical condition has changed? Any precedent case law or SSI law/rules?
Thank you in advance.

 

[Whyte Noise]

Ah, but see... to the SSA your medical condition HAS changed.

When you file for SSI or DIB you're asserting that your condition is disabling, rendering you unable to work.

You worked for 5 months, and apparently met the SSA's threshold of SGA (Substantial Gainful Activity). If you work and earn over $810 a month in wages, then SSA considers you working at the SGA level, therefore you are not disabled.

The 5 months of work you did while waiting on approval pretty much wiped out your claim of disability to the SSA. If your medical condition hadn't changed as you claim, then you wouldn't have been able to work those 5 months at a SGA level. See what I'm saying?

A shortcut to the process? With SSA? Uhm..... no. If you re-applied and were denied, then your recourse is to appeal the denial. You only have 60 days from the date of denial to appeal the decision though. If you are again denied on reconsideration, then you appeal again to get a hearing in front of an Administrative Law Judge. The time frame is usually 1 to 2 years after application before you get in front of the ALJ. I applied in September 2002, and I just had my ALJ hearing 2 months ago. A year and a half. It's a long process. The only "shortcut" is if you're approved on your initial application, and statistically only about 25-30% of applicants are approved at that level.

 

[marxsd]

Not Work Trial?

MissouriGal:

I read another of your posts that stated temporary work to be up to nine months and I only worked six. Would this not be considered trial work but just prior to determination? It was actually my attorney who stated that I could have worked no more than three and the Judge went along

 

[Whyte Noise]

A trial work period can not start until AFTER you have already been declared disabled by the SSA. You worked while you were waiting on your hearing, and were not technically disabled as of yet. See what I'm saying?

Now, you "can" work while waiting on a hearing, but it's tricky apparently. I worked while waiting on my hearing as well. For 3 months. I also made over SGA level for those 3 months. BUT, I got to the point where I had to quit working because of my disability. I was worried about that, because I HAD worked while waiting on the hearing. I was afraid the ALJ would say, "Well, you worked, must not be affecting you much". The ALJ ruled it an "unsuccessful work attempt". It wasn't part of the 9 month trial work period though, because I hadn't been found to be disabled yet. But, he said that since it was only for 3 months, and I had to stop because of my disability it was an unsuccessful work attempt, and therefore it wasn't counted against me.

Do you see the difference now between the trial work period and an unsuccessful work attempt and why the judge ruled why he did?

 

[marxsd]

Yes, I see the difference. Thank you.

 

[I AM ALWAYS LIABLE]

My response:

Sometimes it's really tricky and difficult to be able to watch Oprah and pop Bon-Bons all day on taxpayer money. Those rules are sometimes really unfair. Living off the "dole" is so much easier than working for a living.

IAAL

 

[Whyte Noise]

Hahahahahahahahaha

Yeah IAAL, I'm really living high on the hog on my $364 a month.

I don't watch Oprah and eat bon bons all day. It's surfing the net and cinnamon rolls for me.