FAQ/Help |
Calendar |
Search |
Today's Posts |
|
10-14-2011, 03:34 PM | #1 | ||
|
|||
Junior Member
|
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. |
||
Reply With Quote |
10-14-2011, 10:15 PM | #2 | ||
|
|||
Magnate
|
Quote:
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. |
||
Reply With Quote |
10-14-2011, 10:35 PM | #3 | ||
|
|||
Member
|
There are two kinds of Continuing Disability Reviews. One is a Work CDR and the other is a Medical CDR. SSDI benefits can be ceased because of either one.
A person may not have any medical recovery, but may be ceased if they have used their Trial Work Period and are engaging inS Substantial Gainful Activity after a Work CDR. For example, a deaf person or a paraplegic person may not have medical recovery, but are holding down a job and are fully earning over the SGA amount for that year. Still medically disabled, but still ceased on SSDI. On the other hand, a person who has agoraphobia or severe depression may have medical recovery that is evidenced by their ability to attend college full time and do all that is expected of a full time student. That person may be ceased during a medical CDR because they have demonstrated by their daily activities that their disability is no longer severe enough to prevent them from engaging in SGA, even though they are not working. Also, getting a degree or a certification can improve your vocational profile and make you capable of doing a different kind of job than you did before you became disabled. A former ditch digger who graduates from law school may now be able to work even with a bad back. These examples seem pretty clear to me. If you have other types of conditions, the decision becomes less clear and more muddy. There is no definitive answer to the question of what happens if you go to school. |
||
Reply With Quote |
10-15-2011, 08:44 AM | #4 | ||
|
|||
Junior Member
|
I didn't pull it out of thin air. Both articles (Sorry, no links) said they were lawyers. You know lawyers do disagree. I am not giving bad advice. I am just repeating what I have read or was told.
There are different terms. Substantial Gainful Work Substantial Gainful Activity Maybe Substantial Gainful Income (That is more ssi, not ssdi) They can change the rules after you are disabled but if you are grandfather in. They have to go by the old rules. In my sons case, they have to go by the old rules. Otherwise, he wouldn't be getting SSDI. A lawyer really needs to find out if Social Security Change it from Substantial Gainful Work to Substantial Gainful Activity. If they didn't. There is a good chance for a class action lawsuit. There is another option. You take classes at home on a computer, that shouldn't be considered Substantial Gainful Activity. |
||
Reply With Quote |
10-15-2011, 10:00 AM | #5 | ||
|
|||
Member
|
Quote:
SSA uses the term SGA, Substantial Gainful Activity. This is not new at all. Decades old terminology. There is no change. Here is the definition: https://secure.ssa.gov/apps10/poms.nsf/lnx/0410501001 May want to read the entire chapter. The Activity does have to be Gainful. So if you are not making any money, you are not performing SGA and can't be ceased because of SGA. But the ability to do substantial activity all day could mean you have medical improvement and are no longer disabled, no longer incapable of performing Gainful Substantial Activity. Ceased due to medical improvement, as opposed to being ceased due to work. And for SSI, any income can be used to determine payment. It doesn't have to be substantial. It doesn't even have to be activity related. Any money an SSI recipient gets can be used to determine SSI payments - inheritances, free rent, pensions, wages, gambling winnings, dividends, gifts, etc. |
||
Reply With Quote |
Reply |
|
|
Similar Threads | ||||
Thread | Forum | |||
SSDI and Online College Courses??? | Social Security Disability | |||
For those taking college courses and on SSDI.... | Social Security Disability | |||
SSDI reviews and SSDI title 2? | Social Security Disability | |||
TOS and SSDI | Thoracic Outlet Syndrome |