NeuroTalk Support Groups - Question about making money while on (or applying for) disability

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- - Question about making money while on (or applying for) disability (https://www.neurotalk.org/social-security-disability/207113-question-money-applying-disability.html)

I think an important part is being missed..
substantial gainful employment ??
Usually means working a 8 hr day/40 hrs a week or something similar I believe.
I'm sure there are complicating factors in some circumstances, they can be worked out.

To clarify-
The contract mentioned has NOT been signed yet..

oh you may have missed this question by Janke-
[Have you also applied for service connected disability benefits with the VA?]

Quote:

Originally Posted by Jo*mar (Post 1084371)

oh you may have missed this question by Janke-
[Have you also applied for service connected disability benefits with the VA?]

I'm sorry Jo*mar (and Janke) sometimes this double vision byproduct makes reading challenging. (except when my wife writes me a love letter - then it's more fun with double vision!)

No, I haven't. A variety of reasons really...none of which translate well. But my primary disability at this point is one which there is no known cause and so it would be nearly impossible to make a service connection. Too, asking for help is something that I am new at - and frankly, I'm not very good at it. I'm getting help in so many area's of my life right now (and I can't go through the process without help), that one more thing is more than my plate or psyche can manage right now without doing irreparable damage to my sense of self - if that makes any sense.

@Skyking... I was taken aback and responded pretty unskillfully; forgive me for that. Your responses have probably done more to prepare me for the hearing than anyone. Sometimes I wear my heart on my sleeve - and I probably need to re-don my emotional combat fatigues before I walk into that hearing. You've helped me to see that and I sincerely thank you for that.

I wish you the best of luck man and thanks for serving

One reason to apply for service connected disability through the VA is to be able to obtain treatment for the specific conditions that can be attributed to your military service, even if those conditions did not cause you to be unable to work. My ex has loss of hearing directly attributable to his military service. If he needed treatment or evaluation for that, the VA would have to provide it.

If you need medication for PTSD caused by your POW experiences (and undoubtedly you would have some residual effect), then the VA may pay for it. But, the VA, like SSA, has a long application process with a lot of paperwork. And does not always end the way you want.

You provided new information in your last post when you talked about the unpaid help you got (your wife typing for you). Without that unpaid help, you might not have been able to finish your book at all. The value of that help should factor into the value of the work you did. Not easy to place a value on it, but it should factor in. How much would it have cost to pay a stranger?

http://www.socialsecurity.gov/OP_Hom...-34-di-03.html

Unpaid Help: The reasonable monetary value of any significant amount of unpaid help furnished by a spouse, children, or others should be deducted from net income. The file should include facts which would permit an estimate of the reasonable value of unpaid help furnished by family members or others. When it is clear that the help rendered consists of miscellaneous duties carried on in connection with the person's general activities as a member of the household or as a friend, statement to this effect will be sufficient, and no estimate of value will be necessary (e.g., a farmer's children feed a small flock of chickens or tend a home garden). On the other hand, where the help furnished is of a nature to which commercial value would ordinarily be assigned, the following type of information should be in the file: the name of the helping individual and this person's relationship to the impaired self-employed individual; the reason why unpaid help was furnished; a full account of the services rendered, the amount of time furnished, and how long the arrangement existed; an estimate of the reasonable value of the services, on the basis of prevailing pay for that type of work in the community; and, if the help was furnished by a spouse or by a child under age 18, an explanation of how the previous pattern of such individual's activities was affected, if at all.In estimating the amount to be deducted for unpaid help, it is necessary to consider the prevailing wage rate in the community for similar services. Where the unpaid help is rendered on a part-time or intermittent basis, only the pro rata value attributable to the services actually performed (as compared with those that a full-time employee would perform) should be deducted.

Quote:

Originally Posted by Skyking (Post 1084051)

No, you are not looking at this from the proper perspective, and you have an entirely imperfect understanding of work allowances as they pertain to SSDI. First of all, in my experience those with the hardest road to hoe to a fully favorable decision, are those that come from the most education, and the most skilled and professional of occupations, regardless of their disability. Most people who appear before an ALJ must prove that they are capable of a "less then sedentary RFC," that means that you are unfit to even answer telephones with breaks every thirty minutes or so! How hard does that become, convincing an ALJ that you are fully, totally disabled , unable to do even sedentary work, while at the same time you are working a part time job?

99.9% of the time, you will lose right there, as your credibility will be virtually nil with the ALJ. Now, toss in the OP's skills, he has penned a novel, in just thirty days, and he has been advanced a significant amount of money for his efforts! Maybe 1% of the total population is skilled enough to compete at such a level. Such a person would have highly transferable skills, regardless of his disability.

So, hopefully you begin to understand the obstacles, and the biggest one is your credibility. SSA could care less if you can't find work, or pay your bills, all SSA cares about is whether or not from their perspective, you are capable of doing so, thats all that they need do, prove to their satisfaction that you are "capable!"

Now, how capable do you think one might be in the eyes of the SSA if they are claiming complete, total disability, but are at the same time penning complete novels in just thirty days time, and being advanced substantial amounts of money for their efforts?

The op in my opinion has no claim, whats more they really shouldn't have one. This certainly doesn't mean that they cannot apply, it is their right to apply, but they will be contributing to the back log and delaying someone else's moment before the ALJ. In my opinion the op hasn't a chance or prevailing at the hearing level. ;)

Angel, if you're at the ALJ level it is REALLY important to undergo Functional Capacity Testing and have your docs fill out Residual Functional Capacity forms--there are forms for both physical and psych disability issues.

The Vocational Expert will use that information to determine what types of jobs you qualify for--and keep in mind that the "jobs" descriptions are insanely outdated.

READ THIS: http://en.wikipedia.org/wiki/Surveil...system_monitor

Something to consider, could you manage working from at home taking calls? You would likely qualify as a disabled worker and might be able to get a job with special accommodations. If you couldn't realistically manage a normal work schedule that is important to document.

It is impossible to tell how an ALJ will respond, although once you get a hearing date you can certainly lookup their approval ratings. Might an ALJ deny you if you report the earnings? Some likely would hold it against you. BUT, if you don't report it and are caught, you will lose all credibility and there is no question that you are supposed to report it.

You might also consider shopping the book around and even getting an agent. What if there is potentially for a more substantial advance in this book? Congratulations, btw!

Quote:

Originally Posted by LIT LOVE (Post 1084830)

There are reasons why disability attorneys shy away from claimants who insist on holding part time employment, the primary being that it in large part shreds most claimants credibility. RFC's are important, they are even more important if they are a reflection of the outcome of a two day professional functional capacity evaluation, nonetheless, these things do become predictable based upon age and skilled worker factors. ts been my experience that most claimants under fifty must establish an RFC of less then sedentary, as opposed to those over fifty establishing one of sedentary. This has a huge impact on the outcome of most hearing level decisions.

The op should contact an attorney and inquire of them if they are interested in taking his claim, informing them of "everything" including his apparent offer for publication of a work he wrote in just thirty days time.

I would be very interested to hear the outcome of that consultation.

Sounds like he mostly dictated the book and his wife typed it for him.
That assistance would factor in.. 30 days or not..
I don't think the 30 day book event will be a factor in the big picture.

example..
Famous artists may be able to knock out a wonderful painting in a few days, but the next one may take many months..

Quote:

Originally Posted by Jo*mar (Post 1084915)

Quote:

http://www.nuance.com/dragon/index.htm

Technology already exists that would enable such an individual to work without any such aid from a second person.

Quote:

Dragon, the world’s best-selling speech recognition software, lets you dictate documents, search the web, email and more on your computer — quickly and accurately — just by using your voice. You don’t even have to lift a finger.

Most new computers have voice recognition built in, so you don't have to buy nuance/ dragon software..
Some tablets and smart phones have a similar program I suppose.
I can dictate notes and messages on my smart phone.

Quote:

Originally Posted by Skyking (Post 1084925)

Technology already exists that would enable such an individual to work without any such aid from a second person.

I underwent training in Dragon more than a dozen years ago and even back then SS certainly thought it was a reasonable expectation that I could find work by utilizing just such an accommodation. (And had I not subsequently developed RSD/CRPS after the Voice Activation Software Programming training, I believe I could have made a living wage.)