This feature appears from time to time as a means of illustrating the challenges that many applicants for social security disability benefits experience, in their efforts to be approved. These challenges include the many levels of decision-making for a social security disability claim (Initial application, Reconsideration, Hearing, Appeals Council, Federal Court), the specific issues raised by alcohol and drugs, the need to demonstrate that you cannot do past work or sometimes, any work at all, and the like. Cases are derived from actual clients I have represented but their names, details and key facts are changed to protect privacy.
“I’m just not as strong as I used to be.”
“I’ve always worked in pretty heavy jobs – you know, construction, welding, that sorta thing.” George was almost sixty-three and had worked hard for all of his life. “Suddenly, I just couldn’t do it anymore.”
“After my Parkinson’s diagnosis, I tried working at a local grocery store. I had to make some money – how else was I supposed to live? I was working mostly as a cashier, but with the Parkinson’s even that was hard. On my days off all I could do was lay in bed. I tire so easily. Some days I can barely stand. I was recently let go because there was a misunderstanding and I became frustrated with a customer. Because of my fatigue I become frustrated and angry very easily.”
“My dad is not the same person he used to be, “ said Melanie, George’s daughter. Though she doesn’t live with him anymore, she has visited regularly since the diagnosis. “He is slower, tired all the time, very forgetful. Even when I visit he spends half the day napping because of the Parkinson’s. He is shaky and stiff. We used to do more things together, but it’s become so difficult for him to be on his feet that we pretty much just stay home when we spend time together.”
The Lawyer’s View
George’s case posed some difficult challenges. Though he is over sixty and has a definitive diagnosis of Parkinson’s disease, George still has income from working at the grocery store. Though he only works on a part-time basis, there were months where he took a few extra hours to cover for other employees. In some of these months he made more than $1,100. This could count as substantial gainful activity and make George ineligible for Social Security benefits.
Moreover, working, even part-time, while waiting for a decision always poses the problem that a judge will ask why, if you can work at this job part-time, can’t you do it full-time?
What happened?
At the hearing, the judge acknowledged George’s diagnosis but had concerns about his income from his job at the grocery store. Fortunately, George had been paid over $1,100 for less than nine months. As a result, these high earning months could qualify as a “trial work period” under Social Security law. This is what we argued.
Melanie also came to the hearing to testify. She talked about the symptoms and limitations she witnessed during visits to her dad’s home. In his testimony, George talked about his problems working even part-time and how he was recently let go because of symptoms related to his Parkinson’s Disease.
George’s age also helped his case. Since he is over sixty, the judge focused on his past work in determining whether he could still work. As such, George was found disabled by the judge as of the date of his official diagnosis of Parkinson’s disease.
We won the case.