Wondering where to start
 

I was off work for an entire semester last year with post-concussion syndrome (I teach high school). This year, I've gone back to part days (currently up to 5 hours) in a mostly one-to-one setting instead of whole-group.

Today I subbed for a regular class for an hour. Very overwhelming. I made it through pretty well, but got a headache afterwards.

I just can't see being able to handle a full day of that every day by the 12-month mark. Financially, I need to be able to do something to support my family as I currently provide all our health insurance and the primary source of dependable regular income.

I feel like I might possibly be able to handle part-time teaching if I were guaranteed cooperative students most days, but that's just not realistic.

What can anyone tell me about the process of applying for disability benefits? I'm worried now that the fact I've been working part days in a modified situation will count against me being considered "completely and permanently disabled" even though it really doesn't seem feasible for me to go back to my regular job.

I got a referral from nosscr.org and sent a message to the firm they suggested. What else can or should I be doing?

Read the sticky threads at the top of this forum if you haven't already. That's what I did.

Eowyn, remember it's not about being able to do what you used to do....it's about being able to do ANY job that is significant gainful activity.

Finz your correct but to get your doctor to write that in a letter to SSA is tough at times.

I'm pretty sure whitout a doctors note its makes getting on SSDI very difficult.

Go for it though and apply. The sooner the better

Good luck

Eowyn, I WAS a high school teacher, too. I sort of doubt that you qualify for SSDI, yet. I HOPE that you never qualify. A FULL salary with FULL benefits for your family is FAR better than what you'll get with SSDI and Medicare.

Before applying for SSDI, I checked out JAN (Job Accommodations Network). My school district was already aware of the ADA rules AND was even willing to hire a full time assistant for me. (My school superintendent and assistant superintendent are super nice guys!) Anyway, EVEN having an assistant AND other modifications they were willing to make (costing them BIG $$$$) wasn't going to help -- so, I ended up applying for and getting SSDI. But, I have a medical condition, Myasthenia Gravis, that is very unlikely to go away.

Here is the JAN compliance "fact sheet" for your current condition:

http://askjan.org/media/BrainInjury.html

NOTE -- some of the rules under JAN are "enforceable" (from what I understand) -- some are just strongly worded "suggestions". You might have to get legal advice to see which is which.

To qualify for benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security's definition of disability. In general, SS disability pay monthly cash benefits to people who are unable to work for a year or more because of a disability.

http://www.ssa.gov/disability/

Eowyn,
What a great name. You can earn up to $1010 a month after qualified deductions and get SSDI. You can look at your annual SSA retirment update or go to their site and find out what your disability payment would be. Some states add up to $400 to that amount. This will help you determine if it will meet your financial obligations.
Someone wrote that you must not be able to do any other kind of work which is very true. The statistics for denials are as follows:
Able to do other type of work 30.7%
Able to do usual past work 26.2%
Impairment is not severe1 19.2%
Other 17.3%
Impairment not expected to last six months 6.6%
A lawyer (or representative) probably will not take your case unitl after you have been denied.
You can email me privately and I will give you soe more advice on how to apply. My recommendation is not to apply on line. Your case must be fully documented which takes time. Be patient.
Trudi

Some attorney's will hire clients before denial, so I have to disagree with the info above. They are paid out of backpay though, so most require you to be at various stages...

While The SS rules state you can make up to $1010, the reality is, they often won't approve you, or once you're approved they'll discontinue benefits if you show a consistent history of making over $700 per month.

You might also want to check out working for a homeschooling program that hires crediantialed teachers. Or other non traditional classroom jobs. Perhaps teach art at a junior high school, or adults at the community college level in remidial subjects (fewer classroom hours.) You should pinpoint with your doc what you need for accommodations.

If you can get your school district to accommodate you, that would be ideal...

You can't continue working above the SGA level and be approved. Benefits won't start for 5 months. You might be approved easily at that point, but you might be presented with a whole array of minimum wage jobs a Voc Rehab Counselor says you can manage. Can you work retail, for example? As stated above, the standard is if you're capable of working at ANY job making $1010 per month.

Also if your condition causes you to be taken out of work at various times for periods of times that also counts as "failed work attempts" so there are a lot of variables to applying for SSDI and it would be to your advantage to either get good legal advice. There is no "good" time to file for SSDI, it is all bad when anybody has to file and collect as far as I am concerned. My attorney was very up front with me and he happened to be representing me on my Worker's Compensation Case at the same time, so I lucked out (I guess as far as not having to find a seperate lawyer) He gave me all the information and every scenario possible. Sure enough, everything he said happened, just as he thought it would! I applied online, got denied, he wrote an appeal for a "written fully favorable decision" and that is what we got. So I never had to see a court room or anything, thankfully.

I also did a lot of research myself. I read the SSA website requirements for disability (not that I wanted to be disabled by any means) but to be prepared when filling out my paperwork when I had to file. There are other state sites you can check I am guessing for other types of assistance as well. We have them for New York State. I researched those as well. It is good to read up as much as you can and search out as much as you can because not all government agencies are going to be willing to offer up these other places to you.

Good luck. If you cannot do the work, do not force yourself and suffer the pain, it is so not worth it, we have all hade to learn to give up some things to get better or just to have time to focus on healing ourselves.:)

Hi Eowyn
 

I agree with the other post. If your doctors will write their opinions down on your condition, that goes along way toward getting disability. It was my PCP's letter that the judge read. It is a long, journey to getting disability. Keep a journal of all your symptoms, and start the process with an agent who specializes in SSD. I didn't have a lawyer, but a representative to help me get through the legal process. They are able to keep your case moving forward. I wish you all the best. ginnie

The reps ginnie is talking about are often former SS employees. They often seem to get more involved in their clients cases. When they'll agree to represent you is again based upon their own policy.

I talked to a lawyer today who deals quite a bit with SSDI cases. He said to go ahead and apply now since they will most likely deny me the first time in any case, and the appeal process takes quite a while. He said that if I improved and wanted to go back to work, I could always withdraw my appeal.

Sort of a can't hurt, might help approach.

He also said that my time working could count as part of my trial work period and therefore wouldn't necessarily count against me, but you're limited to nine months of that.

It was an interesting conversation. I'm glad I called.

Actually if Janke or left-handed pops in, I'm curious about the whole TWP in the first 12 months of an applicant's claim of onset. Another poster is dealing with this same issue and I've tried to research it for her.

It seems SS has always made the claim that an applicant should have 12 months below SGA in order to qualify.

For the OP, read the "before you start sticky" please! It is so much easier to do it right instead of not worrying about the denial. It's an uphill battle that way. And you're no longer allowed to appeal a denial and start a 2nd application, due to a law change in July. Make sure you have your doc/s fill out an RFC/s for you. (There's a link in the before you start sticky...) Don't apply online. It's better to fill out a paper application so you can add what you want.

The attorneys do have an incentive to stall SS cases to increase backpay and fees. The system is whack. Legal representation can be a good thing, but your research shouldn't be less even if you use an attorney or a rep. Buying a NOLO book on SSD is a very good idea.

Hi once again
 

My Rep. worked in an attornies office. That office did nothing but cases for disability. My Representative worked in that office for 30 years and did nothing else besides these kinds of cases. He just wasn't a lawyer in that firm, but had the lawyers there if there was a problem to ask about. He did keep my case moving along, and stood by me in court. ginnie

I wrote TWP, but I should have written UWA (Unsuccessful Work Attempt.)

OP should read about UWA because I don't think TWP is the right concept to apply in this case.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0424005001

Hi lit love
 

You are right. An attorney or rep. can hold up a case, so they can collect more in their fees. You do have to be careful picking out a rep. that has compassion, and does all he can do to get your case through the system. I was lucky to find the one I did. He was a good soul, who was not out for the money. He received little in the way of pay as my benefits arn't great. He also continued to help me adjust a problem I had, for no pay at all. It is just like finding a good doctor,you have to research who you get to help you. ginnie

Unsuccessful Work Attempt is EXACTLY what I needed. Thank you so very much!!