AC
 

I have a question I just filed an appeal with the Appeals Council in August 2014, if I'm able to work and make about $800 a month will that affect my case negatively? if you have any information regarding this situation please let me know thanks.

The Social Security definition of disabled is that you have a condition either mental or physical that will prevent you from performing substantial gainful employment for 12 months or more or is expected to result in death. The current definition of substantial, gainful employment is $1070 per month. If your condition(s) prevent you from earning that much then, no, it wouldn't hurt. If your condition has improved to a point where you could earn more, you could still be approved for a closed period of eligibility. The easy explanation of that is you wouldn't be eligible for ongoing, monthly benefits, just a lump sum for the months you were considered disabled.

You are applying for SSDI, not SSI, correct?

If so, you can make up to $1070 per month (the SGA level for 2014) in theory. You are supposed to notify SS if you do any work--they'll figure it out eventually anyway and it will look bad if you don't notify them.

http://www.nolo.com/legal-encycloped...-security.html

Most attorneys advise their clients not to work if possible. Some ALJs might question if you can make $800 per month, are you truly capable of making the SGA level. If you are approved and work pt, you will probably undergo the long form CDR (Continuing Disability Review) when your reviews come up.

Depending on how you're paid, in some calendar months you might exceed the SGA level, so be mindful of that.

There is not a yes or no answer to this question. What do your medical records show? Are you feeling better now than when you applied? If the employer offered you more hours for the job, would you be able to do it? Do you get extra help doing the job? Do you produce less than other workers with the same job title and same pay? Do you have any impairment related work expenses that you have to pay to work that a non-disabled person would not have to pay to work? Have you shown that you can sustain this work over three or six or twelve months?

In the end, if you can work enough to support yourself, you should because you will have more money. It is also possible that SSA could decide that you have a closed period of disability that ends with when you returned to work. Or that you are using a trial work period.

thanks everyone for the information, I am 42 and I applied for SSDI, my problem is chronic back and hip pain, severe sleep apnea, type 2 diabetes, high blood pressure and chronic knee pain. I did have surgery on my hip several years ago.MRI shows L4 L5 pinched nerve root in my lower back. I have almost exhausted all of my resources and I was just thinking what could I do to try to survive.

Hearing Office
 

I called the hearing office where I had my hearing it And ask for a copy of the audio of my hearing And they told me I could not get a copy of the audio Only a copy on paper But what they put on paper is not what I said should I be able to get a actual copy of the audio

"SSA makes an audio record of all hearings. The claimant or appointed representative can receive a copy of the recording. A transcript of the hearing can be prepared from the recording. Send requests for transcripts or recordings to the

Office of Disability Review (ODAR),

1 Skyline Tower,
5107 Leesburg Pike,
Falls Church, VA 22041-3255

ODAR will inform the requester of the cost and method of payment for the transcript."

https://secure.ssa.gov/poms.nsf/lnx/0203103200

Thanks for that information .

Out of curiosity, you filed the appeal yourself and don't have an attorney?

Was there a reason you didn't try to obtain the audio prior to filing your appeal?

At this point, I'm not sure if you should overly stress about the audio from the ALJ hearing. It's probably a good idea to obtain and make notes while it's still fresh in your mind, but at this point, there's not much you can do with the information. And depending on what happens with later on, it may never be relevant in the future.

If your appeal is successful, than it's most likely that your case will be remanded to another ALJ hearing--which gives you another opportunity to prove your case and you can even obtain new medical documentation to strengthen your case.

If your appeal is denied and you choose to pursue a federal case, than you'll need to find solid legal representation, and at that point inconsistencies between the recording and the transcript could come into play, but that is truly a worst case scenario.

I hope this makes sense.