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-   -   my social security disibility benefits were stopped!!! (https://www.neurotalk.org/social-security-disability/133143-social-security-disibility-benefits-stopped.html)

gilbert 09-20-2010 07:45 PM

my social security disibility benefits were stopped!!!
 
hello,i had been collecting ssdi benefits for about 14 years for bi-polar condition as well as for depression and a severe learning disibility.about 1 year ago i began working at a part-time job at a local restaurant as a busboy.i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month.recently my disibility case was reviewed by ss and i recieved a letter in the mail saying that my benefits were being terminated for the folowing reasons...the fact that i have been able to hold a job for the better part of 1 year means that i have demonstrated that my condition is not severe enough to be considered disabled under social security rules.the letter goes on to say that because i haven't seen a doctor in a while and iam not takeing any medication further indicates that my condition has improved and that i cannot be considered disabled under social security rules.....my disibility check is only $590.00 per month and i had no choice but to take a part-time job and now social security is useing it against me.iam applealing the decision and will go before a judge.

Babyboomer15 09-21-2010 09:43 AM

It sounds like you broke all the rules.
Rule #1-When on SSI/SSDI-don't work(not even part-time)
#2-continue to see your doctor
#3-continue to take your medications

By working while on SSI/SSDI sends out all kinds of red flags to SSA. Plus not seeing your doctor or taking your meds sorta says that your condition has improved. Being awarded SSI/SSDI doesn't mean you have a free pass for benefits. You still have to prove that you are disabled and unable to work.Depending on your age-everyone gets reviewed. Even working part time looks bad.

painfull 09-21-2010 05:45 PM

I am sorry to say that it does sound as if you've done the forbidden...working, and not taking meds. I can see where it appears that you may be able to work and hold a reasonable job, and one that makes more than SSI. If you are really sick enough to get SSI you are supposed to not be able tohold a job, which you can do. Or have a medical condition that you are managing, however not taking meds says you are not managing your illness. You should take your meds if your sick enough to get SSI. I know I am waiting for my SSI and I can't even walk. They can see that I can't walk, but still I wait and pray that I get some help.

smae 09-21-2010 06:31 PM

Quote:

Originally Posted by painfull (Post 697304)
I am sorry to say that it does sound as if you've done the forbidden...working, and not taking meds. I can see where it appears that you may be able to work and hold a reasonable job, and one that makes more than SSI. If you are really sick enough to get SSI you are supposed to not be able tohold a job, which you can do. Or have a medical condition that you are managing, however not taking meds says you are not managing your illness. You should take your meds if your sick enough to get SSI. I know I am waiting for my SSI and I can't even walk. They can see that I can't walk, but still I wait and pray that I get some help.

I agree. I actually got approved after only 3 months, but that was because I got very lucky and had a wonderful lady helping me that got a second doctor's opinion.. I was about to be denied and she pushed for a second opinion.

If people are able to work, and aren't struggling with a condition (struggling usually means they can't work, are on a lot of medicines to control it, or are seeking out the treatment/care of a doctor), they really don't need to be on SSI. It's not free money for those people who have a medical problem--it's support for those who have no other choice and cannot support themselves due to their conditions. That doesn't sound like you are in that situation anymore, if you are able to hold down a job, and not seek care and be on medicine.

I'm no legal expert, but I'd highly suggest you think about fighting this... I don't think you have a case, and will just wind up spending a lot of money to most likely lose. Every case of SSI is reviewed and if they find that you no longer qualify, it is their right to determine that and stop your benefits. It would be different if you were still unable to work and on 15 different medications.

I would suggest that if you want to keep working (because people can work some and keep benefits), that you work as well as seek out care and treatment along with take whatever medication is available/prescribed. By working and not seeing a doctor or taking medications, it shows that you function just fine without disability.

Hoosier_Daddy 09-21-2010 08:02 PM

I will tell you what my lawyer from Allsup told me last June after I won. He said since you won on a mental impairment you should not try to work even part time. If they see you can hold some type of work they will cut you off as soon as they can. He told me make sure you want to work all of the time when you try to work. Just for this reason alone. Especially mental impairments. If they see you put yourself out there and can do some type of work they will cut you loose from the system. That's why when I do go back to some type of work I am going to try and find something I can do and hopefully make some decent money at it.

Babyboomer15 09-21-2010 08:12 PM

I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

Janke 09-21-2010 11:24 PM

Quote:

Originally Posted by Babyboomer15 (Post 697372)
I called SSA a few months ago asking about my disability review date and they checked and said there wasn't one(approval letter said 5-7 yrs but my age maybe a factor on a possible review). Then they checked their computer and said since I wasn't working that I shouldn't worry about it. So they do keep track of everyone to see if they are paying FICA ,then if they do,that sends out red flags. I don't know how often you are suppose to see a doctor to keep them happy. I see one specialist twice(more if need be)a yr. and another specialist four times a yr. I'm not sure about PCP. Since he had nothing too do with care for my disabilities ,maybe they wouldn't be concerned about that doctor.

You should see a doctor enough times that your medical records show that your condition has not improved unless you want a stranger doing a consultative exam during your continuing disability review. You want a doctor who knows you to provide information. You also want to see a doctor for routine physicals and preventative care and that can keep you informed about any new procedures or medication for your medical condition.

I do agree that a person who has a mental disorder who doesn't need medication and stops seeing a psychiatrist and is able to work and earn $1000 a month is just not disabled enough to qualify for disability benefits. Where is the reduced ability to function? Lots of people live their whole lives like that. I would guess that the original poster has co-workers who have the same job as he does and performs the same quality of work without getting an SSDI check. I hope he works up from busboy to waiter and has a long career in the food service business. Being productive and supporting himself will also bring long term mental health benefits.

The other thing I don't understand is why some people on SSI or SSDI don't get ongoing medical treatment since there are so many people who have been begging for the medical coverage that is provided by Medicare and Medicaid (even with its flaws). SSI and SSDI eligibility must be based on objective medical findings not just on alleged symptoms. The Democratic Congress passed Obamacare because there are so many people without coverage!

smae 09-22-2010 08:18 AM

Quote:

Originally Posted by Janke (Post 697490)
I do agree that a person who has a mental disorder who doesn't need medication and stops seeing a psychiatrist and is able to work and earn $1000 a month is just not disabled enough to qualify for disability benefits. Where is the reduced ability to function?

Janke,
I totally agree with you, but I do want to point this out:

"i was earning about 800.00 per month below the ssa guidlines which is roughly $1000.00 a month"

If the guideline is $1000/mo and this person was earning $800 below the amount, they are making about $200/mo, which is not enough for any person to live on unless they are getting free housing and food. At least, $200/mo wouldn't be enough for me unless I was getting a lot of things for free.

Still, I agree that in this case, if the original poster is working and not under a doctor's care, he or she should be able to ask for more hours and would be able to support himself/herself.

Cblue 09-22-2010 01:16 PM

In general, I just don't think it is fair for someone who can work, takes no meds and does not see the dr should get SSDI. I have the same impairments as well as 3 other issues and I would never think of stopping my meds...I would probably be dead...seriously. I NEED to see the dr. I don't see anything wrong with them denying you. I am sorry that sounds so harsh...I feel for you, and I am sorry you are going through this. I really do feel badly, I wish you the very best. I hope that if you start to deteriorate(can't spell) that you see your dr regularly and start your meds again.
I hope things go well for you!

Jenna Delaney 09-22-2010 01:41 PM

I have RSD in my left foot up to my knee, an also have bad fibromyalgia. I work part time like 12 hours a week on a good week. I get SSDI and I dont think I could live with out it. My long term dis. w/ my woork told me I had to apply and show them proof. I was excepted right away. I thhink it was three months. I to see my doctor often, take meds, and get treatments..


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