[gilbert]

hi folks,recently my brother who was collecting ssdi benefits for about 8 years for some back problems and depression had his ssdi benefits terminated.about 9 month's ago he started working a part-time job for a friend of his who owns a catering buisness.he thought he was safe working below the sga guidlines which for 2011 is $1,000.00 a month.he was earning roughly 800.00 per month working part-time.anyway,his disibility case was recently reviewed by the social security administration.he recieved a letter in the mail recently about 3 weeks after his review and the letter said that his ssdi benefits were being ceased.the letter said that due to the fact that he was able to hold a job for approx 9 month's and that even though he was working below the sga guidlines of what you can earn and still keep your benefits they said that he has demonstrated the ability to be self-suportive and that his condition has improved to the point where he can no longer be considered disabled under social security rules.he is appealing the decision none the less.

[LIT LOVE]

The SSA sends VERY mixed messages. It's never made sense to me that work that can keep you from from being approved is then allowed afterwards. And if they're going to turn around and use it as a reason to end benefits, why is it allowed at all?

Here's the link that covers SSD Work Incentive Rules:

http://www.ssa.gov/disabilityresearc...linfo.htm#work

If he wins his appeal, and is still able to work part-time, he might want to consider the Ticket to Work program. It does offer some protections and extra benefits.

[gilbert]

Originally Posted by LIT LOVE

The SSA sends VERY mixed messages. It's never made sense to me that work that can keep you from from being approved is then allowed afterwards. And if they're going to turn around and use it as a reason to end benefits, why is it allowed at all?

Here's the link that covers SSD Work Incentive Rules:

http://www.ssa.gov/disabilityresearc...linfo.htm#work

If he wins his appeal, and is still able to work part-time, he might want to consider the Ticket to Work program. It does offer some protections and extra benefits.

the work rules that apply to disabled people collecting ssdi benefits is almost like a double-edged sword meaning that they say that your allowed to work up to a certain amount and still be able to keep your benefits while on the otherhand if they see that you are able to hold any kind of job for a certain length of time they can and will use it against you to stop your benefits..this was the case with my brother as i stated in my previous post.

[LIT LOVE]

Originally Posted by gilbert

the work rules that apply to disabled people collecting ssdi benefits is almost like a double-edged sword meaning that they say that your allowed to work up to a certain amount and still be able to keep your benefits while on the otherhand if they see that you are able to hold any kind of job for a certain length of time they can and will use it against you to stop your benefits..this was the case with my brother as i stated in my previous post.

I understood what you were saying in your first post.

I disagree with the way SSA handles it, but I don't know of a better solution either. If they take away the $1000 cap, fewer people would transition to SGA. I dunno.

Anyway, I know nothing about this type of appeal. It does look like SS does provide allowances for "Subsidies" and "Special Conditions" which I'm sure your brother's employer could document for him. Whether his appeal can even address the work question or if it must focus only on the medical...???

If you're up to doing the research to help him, the link I provided earlier might be of some help.

[Mz Migraine]

Originally Posted by gilbert

his condition has improved to the point where he can no longer be considered disabled under social security rules.

SSDI could only get that information from your brother's treating physician(s).

[gilbert]

[QUOTE=Mz Migraine;808737]SSDI could only get that information from your brother's treating physician(s).[/social security's decision to stop my brothers benefits were not based upon any doctors reports or info.it was simply based upon the fact that he was able to hold a job down for about 9 month's which in social security's view means that his condition cannot be severe enough to keep him from working.social security's defination of being disbaled is a strict one which means that your condition must be severe enough to prevent you from working any job or to result in your death according to the disibility rules on social security's website.he also believes that by his working triggered a disibility review.let this be a lesson to anyone who is collecting ssdi and who wants to work.working a few weeks or a month to test out to see if you can hold a job is not the issue here.the issue here is when you work for several month's or longer which is showing social security that your condition is not severe and to stop your benefits.it's happening to alot of people that i know who are trying to supplement there ssdi benefits and haveing those benefits stopped due to working.

[LIT LOVE]

[QUOTE=gilbert;808784]

Originally Posted by Mz Migraine

SSDI could only get that information from your brother's treating physician(s).[/social security's decision to stop my brothers benefits were not based upon any doctors reports or info.it was simply based upon the fact that he was able to hold a job down for about 9 month's which in social security's view means that his condition cannot be severe enough to keep him from working.social security's defination of being disbaled is a strict one which means that your condition must be severe enough to prevent you from working any job or to result in your death according to the disibility rules on social security's website.he also believes that by his working triggered a disibility review.let this be a lesson to anyone who is collecting ssdi and who wants to work.working a few weeks or a month to test out to see if you can hold a job is not the issue here.the issue here is when you work for several month's or longer which is showing social security that your condition is not severe and to stop your benefits.it's happening to alot of people that i know who are trying to supplement there ssdi benefits and haveing those benefits stopped due to working.

I received one of those Ticket to Work automated calls yesterday. It mentioned making $700 or less per month, so while the cap might say $1000, my interpretation is under $700 would be less likely to be considered SGA.

[untilthebell]

Sorry to hear Gilbert. So his own current doctors said he is disabled and SSA still terminated his benefits?

Was he taking his meds?

How often was he seeing his doctors?

Personally I see the ticket to work program very risky.

[gilbert]

Originally Posted by untilthebell

Sorry to hear Gilbert. So his own current doctors said he is disabled and SSA still terminated his benefits?

Was he taking his meds?

How often was he seeing his doctors?

Personally I see the ticket to work program very risky.

regardless of what the doctor says,if social security see's that you have been working for atleast several month's and beyond then they will see this as a sign that your condition isn't that severe and to stop benefits.working negates anything the doctor says.

[Hoosier_Daddy]

I will tell you exactally what happened. I have stated this several times in this forum over and over again. After I won my case before the judge. My lawyr from Allsup(been a disability lawyer for 15 years) flat out told me since I won my case based mainly on mental issues do not do any type of work whatsoever unless you are ready to go back full time. do not work 1 hour or 40 hours. If they see upon a review that you can go out in the public and do any type of work they will take your benefits RIGHT NOW. This was told to me in 2009 and I remember those words just like yesterday. He said it is not right but thats how they take people off the roles. I know it stinks as I want to do some type of work but nothing pays me what my SSDI does. He even told me not to go back to school as they will cancel me this way as well. So I am stuck. I do not think your brother has a case but I would also fight it. I have a feeling they will tell you what I just told you. Keep us posted.