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09-20-2010, 07:45 PM | #1 | ||
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Junior Member
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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.
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09-21-2010, 09:43 AM | #2 | ||
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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. |
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02-24-2011, 07:35 AM | #3 | ||
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Work Incentives Network Earned Income and SSDI/Medicare Automatic Work Incentives—2009 Phase 1 Phase 2 Phase 3 TRIAL WORK PERIOD (TWP) EXTENDED PERIOD OF ELIGIBILITY (EPE) 9 TWP within 60 months 3 years (36 months) (1) Keep SSDI check no matter how high wages go, for 9 months. (1) A 3 year safety net; starts the month after 9th TWP month, ends 36 months later. (1) After EPE ends, if countable wages are below SGA, SSDI continues. (2) Use a TWP month each time gross wages go above $700 (2) During this period, keep SSDI check each month countable gross wages are below SGA ($980/month, $1640/month if blind). $Gross Wages (-) $IRWE (-) $Subsidy (=) $Countable Gross Wages (2) Expedited Reinstatement: The first month countable wages go above SGA your SSDI benefit will end. ***If within 5 years from that point countable wages drop below SGA, and disability prevents SGA level work, you can request expedited reapplication and get 6 months of provisional benefits while SSA makes a decision on your reapplication. (3) When all 9 used within 5 years, TWP ends. (3) Report income changes to SSA to restart SSDI check if stopped due to earnings. (3) If eligibility reinstated, after receiving 24 months of benefits you get a new TWP, EPE, ExR and Extended Medicare Period Grace period: The first month your countable wages go above SGA after your TWP ends, you get to keep the SSDI check that month, plus the following two months no matter how high your wages go. Extended Medicare: If cash benefits cease due to work and earnings continue to be above SGA, Medicare can continue for at least 93 months after TWP ends. This document was published by the Oregon Competitive Employment Project, which is part of the Oregon State Department of Human Services, Office of Vocational Rehabilitation Services. The project is funded through a Medicaid Infrastructure Grant from the U.S. Centers for Medicare and Medicaid Services (CFDA #93.768). |
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09-21-2010, 05:45 PM | #4 | ||
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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.
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09-21-2010, 06:31 PM | #5 | |||
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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.
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09-21-2010, 08:02 PM | #6 | ||
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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.
Last edited by Hoosier_Daddy; 09-21-2010 at 08:17 PM. |
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09-21-2010, 08:12 PM | #7 | ||
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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.
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09-21-2010, 11:24 PM | #8 | ||
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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! |
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02-21-2011, 08:37 PM | #9 | ||
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02-22-2011, 04:33 PM | #10 | ||
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