Quote:
Originally Posted by Skyking
No, you are not looking at this from the proper perspective, and you have an entirely imperfect understanding of work allowances as they pertain to SSDI. First of all, in my experience those with the hardest road to hoe to a fully favorable decision, are those that come from the most education, and the most skilled and professional of occupations, regardless of their disability. Most people who appear before an ALJ must prove that they are capable of a "less then sedentary RFC," that means that you are unfit to even answer telephones with breaks every thirty minutes or so! How hard does that become, convincing an ALJ that you are fully, totally disabled , unable to do even sedentary work, while at the same time you are working a part time job?
99.9% of the time, you will lose right there, as your credibility will be virtually nil with the ALJ. Now, toss in the OP's skills, he has penned a novel, in just thirty days, and he has been advanced a significant amount of money for his efforts! Maybe 1% of the total population is skilled enough to compete at such a level. Such a person would have highly transferable skills, regardless of his disability.
So, hopefully you begin to understand the obstacles, and the biggest one is your credibility. SSA could care less if you can't find work, or pay your bills, all SSA cares about is whether or not from their perspective, you are capable of doing so, thats all that they need do, prove to their satisfaction that you are "capable!"
Now, how capable do you think one might be in the eyes of the SSA if they are claiming complete, total disability, but are at the same time penning complete novels in just thirty days time, and being advanced substantial amounts of money for their efforts?
The op in my opinion has no claim, whats more they really shouldn't have one. This certainly doesn't mean that they cannot apply, it is their right to apply, but they will be contributing to the back log and delaying someone else's moment before the ALJ. In my opinion the op hasn't a chance or prevailing at the hearing level.  |
Angel, if you're at the ALJ level it is REALLY important to undergo Functional Capacity Testing and have your docs fill out Residual Functional Capacity forms--there are forms for both physical and psych disability issues.
The Vocational Expert will use that information to determine what types of jobs you qualify for--and keep in mind that the "jobs" descriptions are insanely outdated.
READ THIS:
http://en.wikipedia.org/wiki/Surveil...system_monitor
Something to consider, could you manage working from at home taking calls? You would likely qualify as a disabled worker and might be able to get a job with special accommodations. If you couldn't realistically manage a normal work schedule that is important to document.
It is impossible to tell how an ALJ will respond, although once you get a hearing date you can certainly lookup their approval ratings. Might an ALJ deny you if you report the earnings? Some likely would hold it against you. BUT, if you don't report it and are caught, you will lose all credibility and there is no question that you are supposed to report it.
You might also consider shopping the book around and even getting an agent. What if there is potentially for a more substantial advance in this book? Congratulations, btw!