LIT LOVE, I am only disagreeing with two parts again because what we were told. We were told gainful work not about gainful activity. So going to school shouldn't count against disabled people.

I read that shouldn't of happened if he makes under $1000 for SSDI. Appealing is ok but I think he should contact congress person for help. The reason SS is violating there own rules. On Congress person website, there offices can help you deal with social security. You have to fill out a special form to get help.

In my opinion, Social Security shouldn't be allowed to violate there own rules.

Thanks for posting this link LIT LOVE I was curious about the CDR process because I'm due up for mine sometime in 2012. This explained it perfectly! Very concise information that didn't leave me looking like

Shari, I'm glad the link helped! I found it AFTER I had sent my short form and got the notice back that everything was fine. I had no CLUE that the CDR should be treated so seriously.

If (or when) you decide to head back to college, I'm sure it'll be a positive experience. I forgot to mention checking out any of your local colleges free lecture programs as well! Most departments will list what they offer at the beginning of the semester. Cal-tech in Pasadena (of the Rose Parade fame) offers for free to the public, what other schools charge big ticket prices for, as an example. For a tiny college known for churning out rocket scientists, they offer a pretty diverse selection of some the best lecturers in the country. This is another good way to dip your toes into the academic pond...

The question I have is at what point your education becomes an indication of work ability.. I'm in grad school full time, and have the sneaky suspicion that it wouldnt go over well with SSA if I was reviewed right now.. due to this I have to toe a dangerous line.. I'm set for review in 2015, and since I am 'improvement not likely' I will most likely get the CDR short form (which asks what youve been up to for the last two years I believe)..the form asks about what your doing right now - job training/education. which means I have to cease schooling by the end of 2012, the term I plan to graduate

You can handle grad school full time AND you're worried about losing SSD? Even working part-time, you should be able to make substantially more money than you're receiving in benefits. Even teaching 6 hours a week at the community college level in CA, you'd make more money than max SSDI benefits, and that can't be more work than a full time graduate program. And if you needed more flexibility, being an online instuctor might be even more appropriate. You also would have a huge advantage in the hiring process.

Not that you need to justify yourself to a stanger, but the your post surely hints you're trying to work the system. It's hard for me to fathom anyone pursuing an advanced degree without the goal of a specific career.

If you get the long form, you stand a good chance of losing your benefits. Perhaps, you should consider the Ticket To Work program after you graduate which will, in theory, afford you some additional protections. If you can't manage SGA at that point, it'll be a failed work attempt.

LIT LOVE, SSDI could pay more depending on the parents income. What EducatedAsylum is worried about is losing the SSDI not being able to get it back & becoming homeless. Just because you are a full time student, doesn't mean you are not disabled or can do work. I am not referring to schools that let you take a work course that pays yous & gives you credit. He is not working the system. My son could be on the computer 24/7 but that doesn't mean his not disabled. People were certain mental disabilities are really geniuses but because of the disability there are not high IQ & the can't socialize or get along with people or can't hold jobs. They might do good or bad in school.

Someone completing graduate level course work is not the same scenario as your son receiving Voc Rehab training. And again, SS will consider the type of education being pursued as a factor in determining if a disability is ongoing. Someone successfully participating in high level course work will likely be considered to be able to manage sedentary work at the SGA level. The poster acknowledged that if he/she is forced to account for the time period while finishing their degree, that they fear their benefits will be terminated. The questions in the long form CDR will expose the activity.

I attended college, one class a semester, with accomodations, during my application. I knew it would make my approval more difficult, and it did. I can guarantee I would have been denied if I could have managed to attend full time, let alone a full-time graduate program. And the ALJ did try to argue that 3 hours a week in the classroom was an indicator of my being capable of substantial activity. The fact that my coursework didn't require the standard amount of reading and homework expected for college level work, was an important issue.

You're reading parts of SSA's rules and regulations and making assumptions that are incorrect. Moving to Ecudor, for example, will have zero effect on someone's continuing benefits.

You mixing up my postings. The Ecuador part is so my son can be his own payee. He doesn't want a payee. I can see him getting not getting along with his new payee when I die. We don't get along sometimes but he is my son. I will take care of him. I Have told him. When he turns 65, he would be eligible for SSI without being disabled. He could waive his SSDI he will get from his Dad or Me. It might be better for him to do that. He possible could get more help that way. That if he decides stay in the county & still have those programs. Even if they don't, there are still some places that base it on your income.

We were told by a Social Security worker & Vocation Rehab worker, school or training unless paid would never be counted against your disability. Some paid training is excluded by Federal law. However, this was several years ago. I wasn't talking about vocational rehab. Vocational rehab can help you pay for college using the Pell grant.

Just because your disabled, doesn't mean you can't go to school. He actual wants to work but I told him no unless congress messes it up or get a large pay. He has tried to get good paying jobs that pay $14.00 an hour but it requires experience which he has none.

Social Security needs to follow their own rules. They don't even test people correctly. SSI & Some SS, SSDI pay way to low. They need to be raised up more. SS, SSDI or SSI should be raised to above the poverty level per individual not household.

Myself, In my opinion Social Security is violating their own rule by clamming going to school is substantial gainful work. I don't see why the lawyers don't notice this. The ALJ should of notice that to. This is why I said contact the congressmen. Government agencies shouldn't be able to violate their own rules.

It may help people wanting to going to college get the pell grant first. Then it should be much harder for Social Security to stop the payments until the person got a job.

Just a note. I have been reading some different views on the web. I have seen reports where schooling shouldn't count at all and the exact opposite.

One called it Substantial Gainful Income (SGI).

Someone needs to get a hold of the rule book, because they could be denying thousands of people SSDI/SSI that may be eligible if they go to school.

LINK to the Social Security Program Rules Home Page where you'll find SSA's "current program rules include the law; regulations; Commissioner rulings; and, employee operating instructions.":
http://www.ssa.gov/regulations/

If you utilize the insert link button for matters you are discussing it would be appreciated. Vague references are of no help to anyone, and spreading erroneous information that some might accept as legitimate legal advise can potentionally cause harm.